Private Employment Agencies Act Amendment Act 1985 (Qld)

1133 Queenstani? ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 76 of 1985 An Act to amend the Private EmploymentAgencies Act1983 in certain particulars [ASSENTED TO 23RD OCTOBER, 1985]

1 134 Private Employment Agencies Amendment Act 1985, No. 76 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (I) This Act may be cited as the Private Employment Agencies Act Amendment Act 1985. (2) The Private Employment Agencies Act 1983 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Private Employment Agencies Act 1983-1985. 2. Amendment of s. 5 . Interpretation . Section 5 of the Principal Act is amended by- (a) inserting after the definition "applicant employer" the following definition:- " "award" means an award within the meaning of that definition in the Industrial Conciliation and Arbitration Act 1961- 1983; "; (b) inserting after the definition "licence" the following definition:- "manager " means a person in charge of the business affairs of another person;"; (c) inserting after the definition "Minister" the following definition:- -,model" means a person employed- (a) to pose for a photographer, or for a painter, sculptor or other artist; or- (b) to put on articles of apparel to display them to customers;"; (d) omitting the expression "." where it occurs after the definition "the Industrial Court" and after the definition "the Under Secretary" and substituting the expression ";" in each case; (e) adding after the definition "the Under Secretary" the following definition:- "theatrical performer" means any actor, ballet member, chorus member, dancer, disc jockey, fashion compere, fashion hostess, general compere, musician or performer of any kind employed to act, dance, sing , play or perform, in any theatre, music hall or place, where public entertainment is presented.". 3. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- "7A. Delegation of powers , authorities, functions and duties of licensing officer. (1) The person for the time being performing the functions of the licensing officer under section 7 (1) (referred to in this section as the delegator) may, either generally or otherwise as provided by the instrument of delegation, by writing

Private Employment Agencies Amendment Act 1985, No. 76 1 135 signed by him, delegate to any person (referred to in this section as the delegate) all or any of his powers, authorities, functions and duties under this Act except this power of delegation. (2) A delegation under subsection (1) may be to the holder of an office, specifying the office but without naming the holder, in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, perform such delegated powers, functions, authorities and duties as are specified in the instrument. (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised in accordance with the instrument of delegation. (4) A delegation may be made subject to such terms or limitations as the delegator thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (5) The delegator may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (6) A delegation is revocable at the will of the delegator and does not prevent the exercise of a power or authority or the performance of a function or duty by him.". 4. Amendment of s. 20. Disposal of applications . Section 20 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsections:- "(2) The clerk of the court to whom an application for a licence is referred shall- (a) request the officer in charge of Police at the Police Station nearest to the location of the residential address or, where the application is made by or on behalf of a body corporate, the principal place of business of the applicant for the relevant licence, to forward a report to the clerk of the court on the character, reputation and previous conduct of the applicant; (b) as soon as practicable after he has received the report referred to in subparagraph (a), arrange with an industrial magistrate a suitable time and place at which an inquiry into the matter of the application

1 136 Private Employment Agencies Amendment Act 1985, No. 76 will be held and shall give notice in writing of that time and place to- (i) the applicant; (ii) the person for the time being performing the functions of the licensing officer; and (iii) where an objection has been duly made in relation to that application, the objector; (c) deliver the police report to that industrial magistrate. (2A) It is the duty of any member of the police force who receives a request pursuant to subsection (2) (a) to comply with that request as soon as practicable."; (b) in subsection (3)- (i) omitting the words "Stipendiary Magistrate" and substituting the words "industrial magistrate"; (ii) omitting from paragraph (a) the words "his character, reputation, previous conduct" and substituting the words "the police report referred to in subsection (2)"; (iii) omitting from subparagraph (b) the words "its repute" and substituting the words "the police report referred to in subsection (2)"; (iv) omitting, after the words "entitled to be present" the words "or to be represented thereat"; (c) omitting from subsection (4) the words "Stipendiary Magistrate" where they twice appear and substituting the words "industrial magistrate" in each case. 5. Amendment of s. 29. Appeal against cancellation or suspension. Section 29 of the Principal Act is amended by- (a) in subsection (2), omitting the words "Stipendiary Magistrate" and substituting the words "industrial magistrate"; (b) in subsection (4)- (i) omitting the words "Stipendiary Magistrate" and substituting the words "industrial magistrate"; (ii) omitting, after the words "entitled to be present" the words "or to be represented thereat"; (c) in subsection (5), omitting the words "Stipendiary Magistrate" and substituting the words "industrial magistrate". 6. Amendment of s. 30. Stipendiary Magistrate's decision final. Section 30 of the Principal Act is amended by- (a) omitting from the note appearing in and at the commencement of the section the words "Stipendiary Magistrate's" and substituting the words "Industrial magistrate's"; (b) omitting the words "a Stipendiary Magistrate" and substituting the words "an industrial magistrate".

Private Employment Agencies Amendment Act 1985, No. 76 1 137 7. Amendment of s. 32. Recovery of fees and charges . Section 32 of the Principal Act is amended by- (a) omitting the words "A private" and substituting the words "Subject to this Act, a private"; (b) inserting after subsection (1) the following subsections:- "(IA) Subject to subsections (1B), (1 C) and (ID), it is lawful for a private employment agent who has procured employment for an applicant employee as a theatrical performer or as a model to demand or receive a fee or charge, and the expenses incurred in relation to that procurement provided that- (a) he has given to the employer and the applicant employee concerned a notice in relation to the employment, that sets out clearly- (i) the name of the employer; (ii) the place of employment; (iii) details of the employment; (iv) the period of employment; (v) the gross amount of money payable by the employer to the applicant employee; (vi) an itemized list of the fees or charges, and expenses payable by the applicant employee to the agent; (vii) the nett amount of money that will be received by the applicant employee after payment of the fees, charges and expenses of the agent; and (viii) whether or not a rate of payment is provided for under an award and if so details of that award rate; (b) the total amount of fees or charges and expenses referred to in paragraph (a) (vi) does not exceed 10 per centum of the gross amount referred to in paragraph (a) (v); (c) the nett amount of money referred to in paragraph (a) (vii) is not less than the award rate referred to in paragraph (a) (viii). (1 B) Where the total period of employment referred to in subsection (IA) (a) (iv) is made up of- (a) a period of 28 days; and (b) a further period thereafter, it shall not be lawful for a private employment agent to demand or receive any fees or charges, or any expenses in respect of the lastmentioned period.

1 138 Private Emplon'ment Agencies Amendment Act 1985, .A'o. 76 (IC) Where- (a) a private employment agent procures employment for an applicant employee as a theatrical performer or model; and (b) that agent is at the time of that procurement the manager of the applicant employee, it shall not be lawful, in relation to that procurement- (c) for the agent to demand or receive fees or charges, or expenses, as a private employment agent in addition to demanding or receiving fees or charges, or expenses, by whatever name called, in his capacity as such manager; or (d) for the agent to demand or receive fees or charges, or expenses, by whatever name called, in his capacity as such manager in addition to demanding or receiving fees or charges, or expenses, as a private employment agent. (I D) In the event of the private employment agent electing, pursuant to subsection (1 C), to demand or receive fees, charges or expenses for a procurement in his capacity as manager, it shall not be lawful for him to demand or receive a total amount of fees, charges and expenses that exceeds the total amount that he would have received had he elected to demand or receive his fees, charges and expenses for that procurement in his capacity as a private employment agent.". 8. New s. 32A. The Principal Act is amended by inserting after section 32 the following section:- "32A. Order for repayment of amounts unlawfully received. (1) Where a private employment agent has received any amount by way of fee, charge, expenses or reward from an applicant employee in contravention of section 32, an industrial magistrate may, upon application made to him by that applicant employee, order the private employment agent to pay to the applicant employee the amount so received. The industrial magistrate may by his order impose such terms and conditions with respect to payment of the amount ordered to be paid and may award costs in his discretion and assess the amount of costs so awarded. (2) Upon conviction of a private employment agent for an offence that involves the receipt by him from an applicant employee of any fee, charge, expenses or reward in contravention of section 32, the industrial magistrate may, in addition to imposing a penalty, order payment by the defendant to the applicant employee concerned of any fee, charge, expenses or reward so received. (3) An order made by an industrial magistrate in accordance with this section whether upon application or by way of a

Pritivate Employment Agencies Amendment Act 1985, No. 76 1 139 proceeding for an offence shall be enforceable as if it were an order made by an industrial magistrate sitting as a Magistrates Court and the provisions of the Justices Act 1886-1985 shall apply and extend accordingly.". 9. Amendment of s. 40. Appeals from industrial magistrates . Section 40 of the Principal Act is amended by omitting from the first paragraph the words "A person" and substituting the words "Subject to section 30, a person". 10. New ss. 43A and 43B . The Principal Act is amended by inserting after section 43 the following sections:- "43A. Representation of parties at hearings . (1) Subject to subsection (2), a party to any proceeding or inquiry under this Act may be represented at the hearing and determination thereof by his agent duly appointed in writing in that behalf. (2) Unless the parties thereto so agree, a party to a proceeding or inquiry under this Act shall not be represented by counsel or solicitor. 43B. Protection of things done under Act. A person shall not incur any liability on account of any thing -done bona fide and without negligence for the purposes of this Act for damage or injury alleged to arise by reason thereof.".