Labour Exchanges Act of 1915 (6 Geo v No. 6) (Qld)

JUSTICES.-LABOUR. 685] 6 GEO. V. No. 6, 1915. Labour Exchanges Act. after such publication if Parliament is in session, and, if not,' then within fourteen days after the commencement of the next session. If either House passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of either House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but with·· out prejudice to the validity of anything done in the meantime. 11. All penalties for contraventions of this Act or Recovery or the regulations shall be recovered in a summary way bypenalty. complaint under" The Justices Acts, 1886 to 1909."* LABOUR. Labo'll;r Exchanges Act of 1915 Inspection of Machinery Act of 1915 Inspection of Scaffolding Act of 1915 Workers'Accommodation Act of 1915 Trade Unions Act of 1915 .. WorkM's' Compensation Act of 1916 6 Geo. V. No. 6: 6 Geo. V. No. 24 . . 6 Geo. V. No. 25 6 Gea. V. No. 30 6. Gea. V. No. 31 6 Geo. V. No. 35· An Act to make provision for the Establishment 6 Geo. v. and Regulation of State Labour Exchanges; TH: ~ ~: ~ UR: for the Licensing of Persons keeping Private : ! C~ ~ ~ ~ ~ ~ Employment Exchanges and the Regulation of . the same; for the Advancement from Public Moneys of Travelling Expenses to Needy Workers; for the Making of certain Returns by Employers; and for purposes consequent thereon and incidental thereto. [ASSENTEI) '1.'0 25'1.'H OCTOBER, 1915.]: B ~ bity eannadctwedithbyththeeadKviinceg'sanMd ocsot nEsxencet lolef nttbeMaLjeegstiys, - . lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Preliminary. 1. This Act may be cited as " The Labour Exeh€1Jnges Short title.. Act of 1915." * 50 Vic. No. 17 and amending Acts, swpra, pages 1132 et seq.•.

6852 LABOUR. Labour Exchanges Act. 6 GEO. V. No.6, Jf.D.terpreta- 2.. In this Act, unless. the context otherwise requires, tion. the following terms have the meanings respectively assigned to them, that is to say: ~ Director. "Director "-The Director of Labour; Employer. '" Employer" includes the Crown; Licensed. " Licensed "-Licensed under this Act; Licensee. ." Licensee"-A person holding a license issued under this Act; Minisser. ." Minister"-The Secretary for Public Works or other Minister of the Crown charged for the time being with the administration of this Act; Prescribed. ." Prescribed "-Prescribed by this Act; Private employment .excban.ge. "Private employment exchange" includes the busi- ness of keeping an intelligence office employ... ment bureau or other agency or of acting as agent for procuring employment or procuring labour where a fee or other valuable thing is exacted, charged, or received for registration or for procuring or assisting to procure employ- ment or labour; The departm.ent. "T4e department "-The State department in which this Act is for the time being adminis- tered; 'This Act. " This Act"-This Act and all regulations made thereunder. ! ~ : : ~ : rh- . 3 .. (1.) The Govern~r in Council may e~ tablis~ , State Labour maIntaIn, and conduct, In the manner prescnbed, In Exchanges. Brisbane and in such other places as he thinks fit, free employment exchanges within and under the department. Such exchanges shall be known as State Labour Appoint- ment of ~ fficers. Exchanges. . . (2.) The Governor in Council may from time to time appoint such superintendents and other officers as may be . deemed necessary for the effectual administration of this Act. Duties of 4. The functions of each State Labour Exchange. 1. e3xucchhanges. shall be- (a) To bring together intending employers and persons seeking employment; and (b) To make known. the opportunities for self- employment in the State; and (c) To encourage wage-earners to insure themselves against distress from unemployment;. and (d) To carry out any other duties prescribed.

LABOUR. 6853 1915. Labour Exchanges Act. For any of the above purposes a State Labour E:xchange may co-operate with and assist any other labour e:xchange or licensed private employment e:xchange. 5. (1.) The Minister, or the Director with the Advances to .authority of the Minister, may authorise a State Labour :::!lling Exchange to make advances by way of loans towards expenses. meeting the expenses of persons seeking employment or requiring to travel to places where employment has been found for them through a State Labour Exchange. (2.) When any such advance has been made, the Minis- ter, or Director with the authority of the Minister, may order that the amount of such advance shall be a charge on any moneys which are then or which may thereafter be due to the borrower from his then or future employer (including the Crown), for wages or in· respect of work done. On the making of any such order the employer for the time being of the borrower, or an employer who has not discharged his indebtedness to the borrower, shall on . being notified of such order pay such moneys to the Minister, as they become due and payable, in satisfaction .·of the charge imposed by the order. Such order may be for the repayment of the amount of such advance in one sum or by \such instalments as the Minister or Director may direct. No charge upon or assignment of his wages, or of moneys in respect of work done or to be done, whenever or however made by the borrower, shall have any force whatever to defeat or affect any such order; and the same may be made and shall have effect as if no such charge or assignment existed. 6. Any person who- (a) Knowingly makes any false statement or false Penalty ior representation to the Director or to any false super . mten d' ent 0 f a S tate L a b our E xc h ange, statement. or to any person acting for or for the purposes of any such labour exchange, with intent to obtain employment or to procure employees; or . (b) Obtains or attempts to obtain under false pre- tences, or by means of any other fraud or deceit, an advance by way of loan as provided for in the last preceding section, shall be liable to a penalty not exceeding ten pounds, or to imprisonment for any period not exceeding two months.

6854 LABOUR. Labour Exchanges Act. 6 GEO. V. No.6, Perso~ s 7. After the first day of January, one thousand. nine· cpal': lrvYaIteng OIl hund . red and sixteen, no person shall open . or carry on employment a prIvate employment exchange unless he IS the holder: ebxeclIi; caenngseesd. to of a license under this Act. Any person who contravenes this provision shall be liable to a penalty not exceeding fifty pounds. Every such license shall be in the form prescribed, and, subject to this Act, shall remain in force for one- year from the date thereof, but may be renewed. There shall be payable to the Minister in respect of each such license an"d any renewal thereof the annual fee of one pound. Such license, together with a copy of this section shall be posted .in a conspicuous place in the private- employment exchange to which it relates. Application 8. (1.) Application for the issue or renewal of such. for license. . license shall be made to the Minister in the form and in the manner prescribed, and shall be accompanied by the- said license fee. Reference (2.) The Minister shall refer the application to a,. for inquiry. police magistrate for inquiry as to whether the applicant is from his character or previous conduct a fit person t(} hold a license. A license shall not be issued or renewed unless the- police magistrate determines that the applicant is a fit person to hold the license. The police magistrate shall, for the purposes of any such inquiry and determination, have the same powers as· if he were sitting in a court of petty sessions and the inquiry were a matter being heard and determined therein. The applicant and all persons objecting in the manner prescribed shall have notice of such inquiry, and shall be entitled to be heard therea~ , personally or by counsel,. solicitor, or agent. "- Licensee to 9. Every licensee of a private employment exchange kreegeipsters. shall keep as prescribed- . (a) A register in which shall be entered the name- and address, age, sex, and trade or occupation of every person who applies to such licensee for employment, and the name and nature of the employment requited by him; and

LABOUR. 6855 1915. Labour Exchanges Act. (b) A separate register in which shall be entered the name and address of every person who so applies for labour, and the name and nature of the employment which he offers; and (c) A further separate register of all engagements made by or through such licensee; and (d) The originals of all letters received by such licensee, or his agents or servants, in con- nection with the business of his private employ- ment exchange during the last preceding two years. Such registers and letters shall at all reasonable hours be open to the inspection and examination of the Minister or any officer of the department appointed by the Minister for the purpose. 10. The regulations may from time to time prescribe Scale of fees. a scale of the fees chargeable by and payable to licensees in respect of the business of private employment ex- changes, and the said scale of fees shall be posted and kept posted in some conspicuous place in every such exchange so as to be seen by all persons. 11. (1.) A licensee shall not directly or indirectly-. No fees to be (a) Demand or receive .from. any person, for or in~ ~~ ~ ;: ~ hose respect of the regIstratIOn or engagement of prescribed. any person, any greater or other fees than those prescribed; Any sum so received in breach of this provision may be recovered, with full costs of suit, by the person who paid it ; (b) Take or accept any goods or chattels in pay- ment or as security for the payment of such fees, or receive or accept any reward or other consideration in addition to such fees; (c) Give or pay to any employer, or to the fore-Licensee not man or agent of any employer, for or in t~ share fees respect of the hiring of any employee, any = ~loyer. share or part of such fees ; (d) Keep as lodgers any persons seeking emplOY-Restriction ment, or have any share or interest in the? ~ keeping keeping of a lodging-house for such persons. 0 gers. (2.) For the purpose of the last preceding provision, a licensee shall be deemed to have such interest as afore- said if any lodger or lodging-house is kept by any member of the licensee's household. G

6856 LABOUR. Labour Exchanges Act. 6 GEO. V. No.6, (3.) Every contract or agreement made between any licensee or member of his household and any other person relating to the keeping as lodgers of persons seeking employment, or to the keeping of a lodging- house for such persons, shall be illegal and void for all purposes. (4.) An employer, foreman, or agent shall not, directly or indirectly, take or receive from a licensee any share or part of the prescribed fees. False 12. A licensee shall not publish or cause to be pub- sotraetenm t rl ~ e n s tsb y lished a • ny false in • formation or make any false promise licensees. concernmg or relatmg to work or employment to anyone who registers for employment. A licensee shall not make or cause to be made any false entries in the registers to be kept as herein prescribed. Registration 13. Where any person who applies for employment fee t?d~ fe or for labour has paid to any licensee a registration fee ~~ l • employment and such person does not obtam employment or labour or : ~bou~ through the licensee within one month after registration no OUll. as aforesaid, then the licensee shall upon demand repay and return to such person the full amount of the fee so paid, less any out-of-pocket expenses incurred by the licensee in respect of such person. The amount of such expenses in case of dispute shall be fixed by the Director: Provided that such demand is made within thirty days after the expiration of the period aforesaid. Conviction 14. (1.) Every conviction against a licensee shall be telioncdebnoesrese. d on ecnodnovricsetidononis hhiasdl,icaennds,e ubpyotnhea cothuirrtd bceofonrveicwtihoonmwistuhcihn three years from the first conviction, the license shall be cancelled, and the clerk of the court shall deliver it up to the Minister for that purpose. Cancellation (2.) A person whose license has been cancelled shall of license. not be entitled to hold a license until the expiration of one year from the date of such cancellation. Production 15. A licensee shall not be entitled to maintain an of license. action for the recovery of fees unless at the trial he produces his license. Loss or 16. On satisfactory proof of loss or destruction of a doef slitcruencstieo. n license, and on the payment of one shilling, the Minister may, at the request of the licensee, issue a duplicate bearing all endorsements, and such duplicate shall avail for all purposes as if it were the original license.

LABOUR. 6857 1915. Labour Exchanges Act. ---- - - -- - ~- - --- --- --- --- -- 17. Every employer shall, on or before such day in Returns by -each year as the Minister may direct by notice in the employers. Gazette, make and send to the Director a correct return in the prescribed form, stating the names, addresses, -occupations, periods of service, and apparent ages Of the persons employed by him during the preceding calendar year: Provided that, in the case of the Crown or any commission, board, or other body discharging functions -on behalf of the Crown, if lists of its employees containing the information specified are from time to time published in accordance with the provisions of special statutes the returns necessary to be made under this Act may, if so prescribed, be confined to· references to such lists and particulars of any extensions or alterations which should be made therein: Provided further that no employer shall be required to furnish any return under this section in respect of- (a) Any persons employed by him for a less period than thirty days; or (b) Any persons employed by him and whose names are included in a return of employees furnished by him under "The Factories and Shops Act of 1900."* Any employer who fails to make or to send such return as aforesaid, or makes any such return which is false in any material particular, shall be liable to a penalty not exceeding fifty pounds. 18. Any person who contravenes or fails to carry out Penalty for any provision of this Act shall, where no other penalty ~fo~r:rv':' ~t. or .punishment is by this Act provided, be liable to a penalty not exceeding ten pounds, or to imprisonment for any period not exceeding two months. 19. Penalties for breaches of this Act shall be Recovery of recovered in a summary way under" The Justices Acts, penalties. 1886 to 1909."t 20. A copy of any entry in any of the prescribedcop~o~ registers purporting to be signed by the Minister or any ~ : ~ ~ : : r~ to -officer of the department making the same, shall be be evidence. prima facie evidence of the truth of the matters stated in such copy. * 64 Vic. No. 28, supra, page 1270. t 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

6858 LABOUR. v. Labour Exchanges Act. 6, GEO•. No·. 6, 1915. Regulations. 21. (1.) The Governor in Council may from time to time make regulations for all or any of the following matters:- • (a) Prescribing the form of registers,. licenses, or renewals, and generally the forms· to· be used in carrying out this Act; (b) Regulating the exhibition of licenses amd other documents required by this Act to·l>e exhibited; (c) Prescribing the scale of fees chargealale lay and payable to licensees; (d) Regulating inspections by the Minister or the officers of the department as authorised by this Act; (e) Generally giving effect to the purposes of this Act; and may by such regulations impose a penalty not exceed- ing ten pounds for any breach thereof. Publication (2.) All regulations purporting to be made under o re f gulations. and for the purposes of this Act and published in the Gazette shall be read as one with this Act and construed as being of equal validity, and shall be judicially noticed. (3.) All such regulations shall be laid before both Houses of Parliament within fourteen days after such publication, or, if Parliament is not then sitting, within fourteen days after the next meeting of Parliament. If either House of Parliament passes a resolution at any time within fifteen sitting days after such regula- tions have been laid before such House disallowing any regulation, such regulation shall. thereupon cease to have effect.