Rural Workers Accommodation Act 1926 (NSW)

Rural Workers Accommodation.

RUKAL

W OEKERS

ACCOMMODATION ACT.

Act No. 3, 192G.

An A ct to provide for the accommodation of rural Goorge v,

workers ; to repeal the Shearers’ Accommoda tion Act, 1901 ; and for purposes connected

thercAvith.

[Assented to, 5th March, 1926.]

it enacted by the King’s Most Excellent Majesty, by and Avitb the advice and consent of the Legis

lative Council and Legislative Assembly of New South

"Whales in Parliament assembled, and by the authority of

the same, as folloAvs :—■

1 . (1) This Act may be cited as the “ Rural Workers short litie

Accommodation Act, l ’926.”

mcl cement,

(2)	This Act shall come into operation on a day

to be appointed by the Governor and notified by

proclamation publislicd in the Gazette.

2 . (1) The Shearers’ Accommodation Act, 1901, LsReiicUof

hereby repealed.

(2)	Without limiting the operation of the Inter

pretation Act, 1897—

(a)	all districts appointed under such repealed Act shall be deemed to have been appointed under and for the purposes of this A ct;
(b)	subject to this Act all inspectors appointed under such repealed Act and in olfice at tlio commencement of this Act shall be deemed to have been appointed inspectors under this Act.

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3 . In this Act, unless the context or snhject-raatter “ Agricultural occupation” includes all work in connection with dairying and the sowing, raising and harvesting of crops of grain, fodder, sugar-cane, fruit or any farm produce upon agricultural holdings, farms and orchards, and snch other work thereon as the Governor may, by proclamation published in the Gazette, declare to be an agricultural occupation for the

No. 3.

otherwise indicates or requires—

Defimiions.

.	purpose of this Act.

“ City ” means the City of Sydney and any city

within the meaning of the Local Government

Act, 1919.

“ Employer ” includes every master or other person employing or having the control or superintendence of any rural Avorker, or of any agricultural or pastoral occupation.

“ Inspector ” means an inspector Ainder this Act.

“ OAvner ” includes the person entitled to the

receipt of the rent or profits of any premises.

Qld., 6 Geo.	“ Pastoral occupation” includes all Avork in
V, No. 30,

s. 3.

connection Avith the management, rearing and grazing of horses, cattle or sheej), all opera tions in connection Avith the shearing of sheep and the scouring, sorting and pressing of avooI upon pastoral holdings or farms, all general labour incidental thereto, and such other work upon pastoral holdings as may he proclaimed to he a pastoral occupation for the purposes of this Act.

“ Premises” means any land, building, or jfiace on or in Avhich any rural Avorkcr is employed or accommodated.

“ Prescribed ” means prescribed by this Act or by regulations made thereunder.

“ Rural AA'orkcr” or “ Avorker” includes every

person employed for any period exceeding

tAventy-four hours by an employer in an

agricultural or pastoral occupation.

Rural Workers Accommodation.

4;. (!)

Act sliall a])])ly Avithin tlie districts George V,

;,i])j)oiiUe(l umici’ the Slicaa'crs’ Accommodation Act, ■J.DOl, and witliiii sucli localities as arc declared hy the Governor, l)v jjroelamation in the Gazette, to he districts i'oi' tlie ])ur|)oses of this Act.

The Governor may alter the boundaries of any district, and may vary or rc'seind any proclamation Avhereby a district has been a[>pointed.

(2) Unless the Governor hy proclamation othei'-

Avise specifically declares, this Act shall not apply Avlicro

tlu' premises arc situated within, tlie boundaries of a city.

(o)	Under special circumstances the iXIinistcr

may, by ordc'r, Avholly or partly exempt any employer from the operation of this Act for such j^criod as is spcciiled in the order.

(f) Nothing in this Act shall atfect the operation of the Local Government Act, IDlh, or of any ordinance made thereunder.

5 . The Governor may appoint persons to he inspectore.

inspectors under this Act and may assign a district or

districts to any inspector.

6 . (1) An inspector may at any reasonable hour—	Powers of
iiisj octors.

(a)	enter, ins]H'ct, and ('xamine any land, building or jilace, Avhi're lu' has reasonable cause to b(diev(' that any rural Avorker is accommodated the re in ;
(b)	take with him in either case a IkmUIi. inspector or inspector of nuisances, or a nn'mlier of the police force ;
(c)	make such (‘xamination and inquiry as may h(' m'cessary to ascertain Avhethcr the ]>rovisions

' of this Act arc conpiliedi AA'ith ; and

(d)	exercise all other poAvers that may he necessary for carrying- out the proA'isions of this Act.

(2) Every employer, his agents, and serA'ants shall, Avhcu required hy an inspector, furnish the means necessary for entry into, and inspection of any building or place Avlun-e he has reasonable cause to believe that anv rural Avorkcr is accommodated.

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(3)

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(3)

Every inspector sliall be furnished with a

No. 3.

certificate of his appointment, and on applying for admission to any premises shall, if required, produce his certificate and show it to the employer or the person in charge of the premises.

Accommoda	7 .	(1) Subject to this Act, accommodation proper
tion to be

provided.	and sufficient for the comfort and health of the rural
Qld., G Geo.	workers who are employed and reside on the premises
V, No. 30,
s. 6.	during their employment shall he provided in buildings
12 Geo. V,	free of all cost to the workers : Provided that where any
No. 26, s. 3.	industrial award contains any determination fixing any sum as being proper to he deducted from the remunera tion of the worker, in respect of accommodation jirovided hy the employer for such Avorker, such industrial aAvard shall, notwithstanding anything to the contrary con tained in this Act, remain in full force until altered hy the statutory authority.
(2) "Where less than five rural workers are so emjdoyed and reside, tlie accommodation provided shall not he deemed proper and sufficient for their comfort and health if any of the folloAving conditions are not fulfilled : —

(i) not less than four hundred and eighty cubic feet of air space shall he alioAved to each person in any sleeping compartment;

(ii) not more than two persons shall be accom modated in any one sleeping compartment;

(iii) upper hunks are not to he permitted in any sleeping compartment under any circum stances.

^A'ha is	( )) Where not less than fiAm rural workers are so
proper and

sn rticient	employed and reside, the accommodation shall not he
aceominoda-	deemed j)roper or sufficient for their comfort and health
tii 'ii.	if any of the folloAving conditions are not fulfilled :—■
Qld., 6 Oeo. A', No. 30,

s. 6.

(i) 'i'he building shall l)e separated from any

12 (lert. V,	hnilding used for agricultural or pastoral
No. 26, s. 3.	occupatiims or purposes, and sliall he distant at least fifty yards from any pig-styes, stables, shearing shed, boiling clown or digester plant, or Avool-scour :

Provided

Rural Workers Accommodation.

Provided that—

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No. 3.

(a)

a building erected prior to the com mencement of this Act at a distance of less than fifty yards, but containing, or which shall be altered so as to contain, the accommodation hereinafter defined, and which is approved by tbe Minister shall be deemed a proper and sufficient building within the meaning of this A ct;

(b)

where a building erected for the ac(;ommodation of rural workers has been rendered unfit for habitation by reason of destruction or damage by fire or other unforeseen cause, or by reason of any outbreak of disease or any similar cause, and tlu're bas not been a reasonable or sufficient time to rebuild or repair tbe same, or to remove the danger of continuance of such disease, or Avhere premises have been newly established and there has not been a reasonable or sufficient time to erect a new building, temporary accommodation may be provided for such workers in tents or other structures of a temporary nature; but proper and sufficient accommodation shall he erected within twelve months from the time of the causes aforesaid or within such extended time as may he allowed by the Minister;

(ii) a building used for sleeping quarters shall be divided into coinuartments, each to accommo date not more than two ptn-sons. Ao upper !)unks to i)C permitted ;

(iii) not less than four huudri'd and eighty cubic feet of air space shall l)e allowed to ea(;h ]M'rson shipping in any compartmeut of any such building ;

(iv) no room usf'd for sleeping shall be used for tlu! cooking or serving of meals, or for the storage of food, knless permitted by the

,	regulations

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regulations in any particular class of cases,

No. 3.

a sleeping room must not adjoin a room used

for cooking m eals;

(v) separate accommodation shall b(‘ provided for the cooking of meals and for dining ;

(vi) SK'eping accommodation shall be providi'd for cooks and their assistants in a compartment or compartments separate from the sleeping accommodation provided for other workers;

(vii) a sutRcient and proper water-closet or earth- closet on tlie pan system shall he provided.

AVith the sanction of the Alinister and subject to such conditions as he thinks lit, a cesspit may be provided instead of an earth- closet.

Each closet shall he made fly-proof, and all

seats provided Avith closing lids.

A suflicicnt supply of disinfectant shall he

kept in the closet for immediate u se;

(viii) each sleeping apartment, kitchen, and dining room shall be supplied with suflicicnt light, including artificial illumination, and A’-entilation;

(ix) any building used for the accommodation of rural Avorkers shall he thoroughly cleaned and fumigated or disinfected once at least in each year on a date to be approved by an inspector, which in the case of a building used for seasonal and periodic workers (such as shearers, crutcliers, shed hands, or haiwesting hands),

.	shall 1)0 immediately prior to it being used for such purpose;

(x) a sufficient supply of good drinking Avater, and

proper cooking, drinking, and AA'ashing vessels

and utensils shall be provided;

(xi) baths and an adequate quantity of Avater shall be supplied Avhere there is a sufficient quantity available;

(xii) each building shall be jn-oAuded Avitli a floor of Avood or of other prescribed material;

(xiii) a fly-proof safe of suitable dimensions shall be provided for each kitchen and dining-room ;

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(xiv)

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(xiv) proper and sufficient drainage sliall lie con- George V, strncted ;

(xv) the accommodation to bo provided shall in all other respects he constructed in the manner and ()!' the materials prescribed, and shall be equipped and used as prescribed.

(4) The obligation to provide the buildings shall lie upon the owner of the premises as well as upon the person entitled to the immediate possession of the premises. The obligation to eomply with the other requirements of this section shall lie upon the employer of the rural workers as well as upon the person entitled to the immediate possession of the premises.

(5) Where the person entitled to the immediate possession of the premises is a tenant, and he in order to comply with this Act or the requirements of any notice thereunder, provides a building for tire aceom- inodation of rural workers he shall be entitled to a, charge upon the jrremises for such amount as at the termination of the tenancy represents tlie value; of the building : Provided that the tenant before comineneing; the erection of the Iruildiug gives notice to the landlord in the prescribt'd form of his intention to so erect the building, and subject as aforesaid, the provisions of tin; Rural Tenants Improvements Act, 1916, other than section four thereof, shall apply in respect of the building.

(6) Where the person entitled to the immediate possession of the premises is so entitled for an estate determinable on his death or upon the happening of some event, he or his legal representative as the case may be, upon the determination of such estate, shall be entitled to a charge upon the premises, for the amount which then represents the A’alue of the building provided by such person.

(7) Where the owner or the person entitled to the imnu'diate possession of the premises is a trustee, whether for an infant or any persons in succession or otherwise, he may pay or apply capital moneys of the trust for the purpose of providing any building necessary to comply with the provisions of this Act.

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8 . Every building, tent, structure, and compartment

No. 3.

provided for the accommodation of rural workers shall,

Duties of

rural workers	unless it is otherwi.se agreed or determined by the award
aceonmio-	of any industrial tribunal, be kept clean by tbe persons
dated.
1901 No. 74,	occupying tbe same during their occupation thereof and
a. 7.	whenever it is not being kept clean by the persons
Q., G Geo. V,	occupying the same, the employer may thereupon have
No. 30, s. 7.	the building tent structure or compartment restored to a clean state at the expense of the occupiers.
Where twenty or more rural workers are employed and are accommodated in one group the employer shall provide a hut-keeper for this purpose.
Employment

on temporary

9 . Any employer of rural workers for work of a

work.	tcmjiorary nature shall provide and supply for all such
Qld., 6 Geo.	workers such temporary accommodation as may be
V , No. 30,
8. 9.	necessary in execution of the work.
Any operation connected with the cutting of sugar cane, or its conveyance to a mill, shall for the purposes of this section be deemed work of a temporary nature.
The regulations may prescribe the nature and extent of the temporary accommodation to be supplied by him free of all cost to the said workers, so that in all respects the comfort and health of such workers may be safe guarded.
rnspeetion of	10 . (1) (a) If after an inspection of any premises, accommodating rural workers the inspector is satisfied that the requirements of this Act have theretofore been complied with, he shall, if so required by the owner or employer, as the case may be, give to him a certiiicato to that effect.
premises.	building, tent, structure, or compartment used for
*Ihid.* s. S.
(b) The inspector shall include in such certi ficate a statement regarding the cleanliness or otherwise of any premises, building, tent, structure, or compart ment, having regard to the provisions of this Act.
(c) Such certificate shall, for all purposes and in all proceedings, be prima facie evidence of the facts therein stated.

(2)	Every inspector shall, not later than the

tliirty-first day of March in every year, make a full and detailed report to the Minister of his inspections during the previous vear.

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11 .

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1 1 . (1) When an inspector lias reason to believe George V,

that llie requirements of this Act have not been complied with, he shall, by notice in writing to the owner or thĵ employer, as the case may he (Avhicli notice shall with Act.

also have the elfect of a continuintr notice to complv Q ^ 'e o .

with the requirements of this Act as specified in thej„’̂ ,̂ ̂

notice at all times thereafter), direet liim, withinnA ‘	id, s.’s,
a reasonable time to he therein mentioned, to comply with such requirements, l ie shall also in the notice specify the matters with respect to which he considers the said requirements have not been complied with.
(2) The notice may he served personally, or hy being left at, or forwarded hy registered post addressed to the usual or last known place of abode of the owner or the employer, as the case may be, and where the notice is to an employer it may he served upon the person apparently in charge of the premises or in superintendence of the workers employed.

1 2 . (1) Every employer shall, not less than a weekNaticeof

before the commencement of any work of a seasonal “ e"t'o"work

or periodic nature, to Avhich the provisions of subsection Q̂Ĵ g

three of section seven of this Act extend, and in connec- v, No. 30,

tion with which it is proposed to employ Avorkers not "̂ '̂ ’̂

regularly and continuously employed hy him, post hy

registered post, or cause to he delivered to the inspector

of the district, at his official address, a notice of such

intended commencement, stating the nature of such

work and the proposed date of commencement.

(2) AYherc owing to a sudden emergency it becomes necessary to immediately commence the Avork, notice that such work has commenced shall he so addressed as aforesaid Avithin tAventy-four hours after such commencement.

13 . Every person Avho—

otTonecs.

(a) refuses to give information, or giA'cs false

No. 30, ’

•

information in ansAÂ er to any laAviul inquiry

hy an inspector; or

(h)

resists or obstructs an inspector in the course of his duty ; or

(c)

refuses or neglects to comply Avith the laAvful requiiem mts of an inspector ; or

(̂ 0

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(d)

refuses or neglects to give any notice prescribed by tbis Act,

shall be liable to a penalty not exceeding one hundred

pounds.

Penalties.	1 4 . Every person ■\vlio is guilty of an offence against or fails to comply -with the provisions of tbis Act or tbe regulations lu'rcunder, shall on conviction be liable, if no other penalty is provided, to a penalty not exceeding one hundred pounds.
Procedure.	1 5 . (1) Every information or complaint under tbis Act shall be beard and determined, and all proceedings consequent thereon, or incidental thereto, shall be had and taken, in the manner pi’ovided by tbe Justices Act, 1902, and any Acts amending the same, before and by a stipendiary or police magistrate in tbe district in 'vvbicb the premises referred to in tbe information or complaint are situated.
(2) The magistrate may, in addition to or instead of inflicting a penalty, order certain means to be adopted within some time to be named in the order, for tbe purpose of bringing tbe premises into conformity with tbis Act, and may, upon application, enlarge tbe time so named, and if after the expiration of tbe time originally nanu'd, or enlarged upon subsequent applica tion, the order is not com})liod with, the person failing to comply with tbe order shall be liable to a penalty not exceeding two pounds for every day that such non-compliance continues.
Regulations.	1 6 . (1) Tlie Govcmor may make regulations not inconsistent witli tbis Act ju’escribing all matters which by tbis Act are required or permitted to be prescribed, and in particular in relation to the following matters: —

(a)	forms of notices to be given and the particulars to be set forth therein ;

(b) the closet accommodation to be provided

including tbe number, situation, design, and

construction;

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(c)	tbe materials, construction, design, approach, and beating of buildings for sleeping and for dining and cooking of meals ;
(d)	tbe construction, situation, and dimensions of bunks;

( e )

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Gi;orge V,

(f)	the niaiuteuance and good order and control, and tlo! projx'i’, safe, and sanitary use of the premises;
(g)	the provision of separate accommodation vhcrc a worker is a Pacitic islander, or of an African or Asiatic race;
(h)	generally for carrying into etfcct the provisions of this Act.

(2) Ilegulations may he general in their appli cation or may be limited to particular districts or premises.

(3) The regulations shall—

(a) be published in the Gazette;

(b)	take elfect from the date of publication or from a later date to he specilied in the regulations; and
(c)	bo laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then Avithiu fourteen sitting days after the com mencement of the next session.

(4) If either House of Parliament passes a resolution of which notice has been gAen at a,iiy time within fourteen sitting days rifter such regulation has been laid before such House disallotving the regulation or any part thereof, snch regulation or part shall thereupon cease to liave effect.

CHIMES