Unemployed Workers Insurance Act of 1922 (13 Geo v No. 28) (Qld)

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Unemployed Workers Insurance Act of 1922 (13 Geo V No. 28)
LABOUR. ss. 1, 2. 10073 13 GEO. V. No. 1, 1922. Trade Union8 (Property) Act. 2. (1.) In section twenty-two of *"The Real Property Amendment ( A )c c c t ur o s f , t1 h 8e7w7" ordasfte" rorthteradweorudnI . O" sno" ci ' aertey"I . nwsehretreedv; eralsiot N a o n f o d4 . 1618GV, elCso. . . 2V2·, after the word" societies" wherever it occurs, the words No. 31, s. 20. H or trade unions" are inserted. (2.) In subsection one of section twenty of t"The Trade Union Act of 1915" the words" in the names of the trustees for the time being of such union" are re- pealed, and the words "in the official name of "The Trustees of the (naming the union)" " are inserted in lieu thereof. An Act to make provision for the Insurance of 1~ Geo. V. Unemployed Workers, and for other ancillary THEO~ ! : M_ purposes. PLOYED WORKERS INSURANCE [ASSENTED TO 18TH OCTOBER, 1922.] ACT OF 1922. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Unemployed Short tiUe Workers Insurance Act of 1922." :!~ Z:; nt Save as hereinafter provided this Actshall come into of Act. operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette: Provided that the provisions of this Act for the con- stitution of the Unemployment Council, and authorising the making of Regulations, shall come into operation on the passing of this Act. 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings respectively tion. assigned to them, that is to say:- "AwI . anr d duso t rn ' ain 1 daugsrterieaml eang t ruene d meer n t t " " T -A he n 1 a n w d a u r s d tn' a o " r 7 aiAngwdreuaesrmtdrieoanrlt. .Arbitration Act ot 1916" or any Act amending or in substitution for that Act; * 41 Vic. No. 18, 8upra, .page 3033. t 6 Geo. V. No. 31, 8upra, page 6909. t 7 Geo. V. No. 16, supra, page 7538.
10074 S.2. LABOUR. Unemployed W O1'kers Insurance ..clct. 13 GEO. V. No. 28, Council. Director of Labour. Employer. Fund. Industrial magistra tc. Minister. Prescribed. Sustenance allowance. This Act. \Vorker. " Council "-The Unemployment Council consti- tuted by this Act; "Director of Labour"-The Director of Labour appointed under * "The Labour Exchanges Act of 1915": the term, where necessary, includes any labour agent for the time being deputed under the said Act to act for the Director of Labour; "Employer"-Any person, company, firm, or association employing or usually employing workers in the State, whether on behalf of himself or any other person, and whether or not the employer resides within the State: the term .includes every managing director or manager of any company, firm, or association corporate or unincorporate, and every manager for any employer: the term also includes the Crown and any Minister of the Crown and any. corporation or officer representing or acting as the agent of the Crown; " Fund " -The Unemployment Insurance Fund created by this Act; "Industrial magistrate"--An industrial magistrate appointed under t" The Industrial Arbitration Act of 1916"; "Minister"-The Secretary for Public Works or other Minister of the Crown for the· time being ~ harged with the administration of this Act; " Prescribed"-Prescribed by this Act; "Sustenance allowance"-Sustenance allowance \ paid to unemployed workers in. accordance . with this Act; "This Act"--This Act and all Proclamations~ Orders in Council, and regulations made thereunder: "Worker"-Any person, male or female, of the age of eighteen years or upwards, in any manner engaged or employed by an employer in work of any kind whatsoever subject to the direction and control of an employer, and * 6 Geo. V. No. 6, supra, page 6851. t 7 Geo. V. No. 16, supra, page 7538.
LABOUR. s. 2. 1922. Unemployed lfT orkers Insurance Act. whether the worker's remuneration is to be accordmg to tIme or by piecework, or at a fixed price, or otherwise howsoever: used in relation to a person whilst unemployed the term means a person who when employed :fulfilled the conditions aforesaid: the term also includes every person whilst employed by the Crown or any Minister of the Crovm or any corporation or oftlcer representing or acting as the agent of the Crown: the term does not include- (a) A barrister, solicitor, conveyancer, or legal practitioner, or a legally qualified medical practitioner, or an authorised surveyor, or a registered pharmaceutical chemist, or a regis- tered dentist, or a registered. optician, or a public analyst, or a veterinary surgeon, or a consulting engineer, or an architect, or a public accountant actuary or auditor, or any other person retained or engaged to r0nder professional services requiring per- sonal skill, knowledge, and attention; or (b) A person who contracts directly with an mnployer for the performance of work not., performed solely by such person; or (c) An auctioneer or agent; or (d) An indentured apprentice; unless in any of the above-mentioned cases: the rate of his wages, salary, or allowance or other remuneration is fixed by award or industrial agreement; Moreover the term does not include any aboriginal alien native of Asia, Africa, or the Pacific Islands. Where a contract to perform any work (not being work incidental to a trade or business regularly canied on by the con- tractor in his own name or under a firm name) is made with a contractor who- (i.) Neither sublets the contract nor em- ploys wages-men; or (ii.) Though employing wages-men, actually performs any part of the work himself, K 10075
10076 s.3. LABOUR. Unemployed Workers Insurance Act. 13 GEO. V. No. 28, such contractor and also such wages-men so employed shall for the purposes of this Act be deemed to be workers: Provided that such person shall not be liable for two contributions. Unemploy· 3. (1.) There shall be constituted an Unemployment . mcoeunntcil. Council, which shall be composed of the following persons, namely:- (a) The Minister, who shall be Chairman of the Council; (b) The Registrar of Friendly Societies; (c) The Director of Labour; (d) A workers' representative elected in that behalf as prescribed by regulations by the executives of the industrial unions of employees registered under *"Thelndustrial Arbitration Act of1916," and appointed by the Governor in Council; (e) An employers' representative elected in that behalf as prescribed by regulations by the executives of the industrial associations unions and organisations of employers in the State, and appointed by the Governor in Council. (2.) For the purpose of the election of a workers' representative and an employers' representative respec- tively, each union, association, or organisation of workers or employers respectively shall by its executive have votes proportionate to the respective number of members of such association, union, or organisation at the date of the voting. The workers' representative and the employers' representative shall respectively be so appointed for a period of three years, but shall be eligible for re- election andre-appointment : Provided that the executives respectively electing such representative may at any time terminate his office, whereupon a casual vacancy shall be deemed to have arisen. Casual vacancies arising from any cause whatsoever shall be filled as they arise by the appointment of a representative on the like election to hold the office of the representative who has vacated office. * 7 GeD. V. No. 16, 8upra, page 7538.
1922. LABOUR. Unemployed W o1'kers Insurance Act. s. 4. 10077 (3.) The Council may make rules with respect to their meetings and governing the procedure thereat, and with respect to the conduct of the business of the Council generally. 4. (1.) It shall be the duty of the Council to obtain Powers and ,all available information as to the condition of the labour ~ uties. ff market, and for that purpose the Council shall be entitled ounCl. to require the Department of Labour or any other Govern- ment Department, or local authority or other local governing body, to furnish to the Council any statistics and data in their or its possession relat.ing to this matter. <2.) The Council may- (a) Inquire into the causes and extent of unem- ployment within the State or any part thereof; (b) Inquire into and consider what are the most effective measures to be taken for temporarily or permanently reducing or eliminating un- employment within the State or any part thereof; (c) Obtain and disseminate information on all matters connected with industrial occupations and the callings of workers, with a view to improving the industrial relationship between workers and employers and lessening the evils of unemployment; (d) Consider and report to the Governor in Council upon the industrial efficiency of the com- munity, the organisation of the labour market and opportunities of employment, and all matters and questions relating to unemploy- ment; (e) Consider and report to the Governor in Council upon the working of the State Labour Exchanges and make any recommendation deemed necessary for their improvement and extension; (f) With the approval of the Governor in Council, make rules to give effect to their powers under this Act.
10078 s. 5. LABOUR. Unemployed Workers Insttrance Act. 13 GEO. V. No. 28, (3.) For the purposes of carrying out the .powers and uuties of the Council under this Act- (a) The Council may appoint any member thereof or any other person to hold any inquiry and to submit the evidence taken thereat together with a report thereon (if so requested) to the Council; (b) The Council and the member thereof or other person appointed as aforesaid shall be deemed to be a Commission within the meaning of *" The Official Inquiries Evidence Act of 1910," and the pr<;>visions of that Act shall apply accordingly Unemploy. ment insurance fund. 5. (1.) There is hereby created in the Treasury a fund to be called the" Unemployment Insurance Fund." (2.) All payments in respect of sustenance allowance and of the administration of this Act shall be payable out of the fund. Contribu. (3.) The 'fund shall be constituted partly from con- e w timo o np r klso e by rs ye , rs, etrmibpu I otiyoenrss boyf·wsourckherswaonrkderpsa, rtalnydfrpoamrtlcyonftrroibmutimonosnebyys ~ ~ ~ : ! : nent provided by Parliament. . (4.) Subject to this Act, every worker over eighteen years of age employed within Queensland, whose rate of wages, salary, or allowance is fixed by award or industrial agreement, and every employer of. any such worker, shall be liable to pay contributions to the fund at the prescribed rates: Provided that an unemployed worker, while in receipt of sustenance allowance, shall not be liable to pay any contribution to tho fund. (5.) Except where the regulations otherwise pre- scribe, the employer shall in the first instance be liable to pay both the contribution payable by himself and also, on behalf of and to the exclusion of the worker~ the contribution payable by such worker, and subject to the regulations shall be entitled, notwithstanding the provisions of any Act or any contract to the contrary, to recover from the worker, by deductions from the worker's )Vages or from any other payment due from him to the worker, the amount of the contributions so paid by him on behalf of the worker. * 1 Geo. V. No. 26, supra? page 748.
LABOUR. s. 6. 10079 1922. Une.mployed lVor7cers Insurance Act. (H.) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct from the wages of or other payment due to the worker, or otherwise recover from the worker by any legal process, the contributions payable by the employer himself. (7.) A contribution shall be made in each year to the fund out of moneys provided by Parliament for the purpose, and the sums to be contributed in any year shall be paid in such manner and at such times as the Minister may determine. (8.) Save as is hereinafter provided the total of the contributions to be made by \vorkers and the total of the contributions to be made by employers and the total contributions by the State sha,ll be of equal ~ mount, so that workers, employers, and the State shall each contribute one third part of the fund. (9.) The fund shall be administered by the Director -of Labour and shall be audited from time to time by ;officers of the Department of the Auditor-General. (10.) The regulations may provide for the periodical -revision of the rates of contribution to the fund. (11.) If at any time the Governor in Council is satisfied that the moneys to the credit of the fund or from time to time payable to the credit thereof are or are likely to be or become insufficient to meet the sustenance allowances and other expenditure under this .Act payable out of the fund, the Governor in Council may, by Order in Council published in the Gazette, give such directions (including, if deemed necessary, an increase in the rates of contribution during a specified period) as will in his judgment ensure the sufficiency of the fund for the purposes aforesaid; and all such directions shall be obeyed by all persons concerned: Provided that any increase in the rates of contribu- tion made by any such Order in Council shall be on the basis that one half part of the total of the increase shall be made by the employers, and one fourth part thereof shall be made by the workers, and one fourth part thereof shall be made by the State. 6. (1.) If an employer or worker fails to pay the C:ontribu. amount of a contribution (including in the case of an ! ~ ~ I~ ; : S -employer the amount payable by him in the first and workers. instance on behalf of the workers employed by him), the ~ ~; ; 'rced. Minister may enforce payment of the same, together
10080 s • 7. LABOUR. Unernployed W orkm's Insnrance Act. 13 GEO. V. No. 28, with one-tenth more by way of penalty, by complaint against the employer or worker before a police magistrate or any two justices of the peace, or by action in any court of competent jurisdiction. Remission in (2.) Notwithstanding anything herein contained,o in' chaasredsohfip. any case in which the Council is satisfied that it would be a hardship on an employer or worker to enforce from him payment in full of any contribution the Council may~ . in favour of such employer or worker, remit the' whole or such part of such contribution as the Council, in their discretion think proper. P.owerto 7. (1.) In any case where the Governor in Council is- direc1t satisfied upon the report of the Council that any class of e to m t p akoeyesrtseps emp I oyers or any m . d I " VI dua I emp I oyers or emp I oyer are to rem~ dy or is failing to begin or proceed with works which could ; :~ ~ p oy- reasonably and without just cause or excuse be begun or- proceeded with by them or him, and it is shown to the, satisfaction of the said Counci1 that unemployment is or' is like1y to be caused in any district owing to such failure on the part of the employers or employer to so begin or- proceed with the said works, the Governor in Council may from time to time by Order in Council order and direct that such class of employers or individual employers or' employer shall do such things and take such measures as in his opinion will be effective for temporarily or' permanently reducing or eliminating unemployment within the State or any part thereof: Provided that· before any Order in Council referred to in this subsection is made the employers or employer referred to in such report of the Council may appeal within a time to be- prescribed to an industrial magistrate for the purpose of being heard on the findings in such report of the Council,. and such industrial magistrate shall investigate such appea1 and transmit the evidence taken, together with his report thereon, to the Governor in Council for' consideration. The appeal shall be heard and determined by such magistrate in accordance with the regulations. Every such Order shall be complied with either forth- with or within such time as is stated in such Order. Pen~ ty . (2.) If the Council are satisfied that any employer contnbutlon. to ,,,horn any such Order applies has made default in compliance with such Order according to its tenour, the Council may, by way of penalty, levy upon such employer a contribution of such amount as the Council think
LABOUR. ss. 8, 9. 10081 1922. Unemployed Workers Insurance Act. proper; and such contribution shall be deemed to be a contribution under this Act, and shall be payable and recoverable accordingly, without prejudice to any other contribution payable by him under this Act: Provided that any such employer shall have the right to appeal to an industrial magistrate against any ,.such contribution on the ground that he has not made such default in compliance with such Order as alleged, or that such default arose through circumstances wholly beyond such employer's control, and on no other ground. The appeal shall in such case be heard and determined by such magistrate in accordance with the regulations, and his decision shall be final and conclusive. 8. There is hereby appropriated out of the Consoli- Annual dated Revenue, as and by ,,,ay of grant to the fund, grant. the sum of fifteen thousand pounds for the financial year ending the thirtieth day of June, one thousand nine hundred and twenty-three; and the amount of such appropriation for each and every financial year thereafter shall be determined as prescribed. 9. (1.) If at any time the extent of unemployment Relief works: within the State or any part thereof is such as in the ~~ ~~~ . opinion of the Council to require that special measures ment. should be adopted with respe<;Jt to it, the Council shall report to the Minister as to- (a) The number of workers unemployed in the various localities affected; and (b) The callings or classes of workers unemployed, and in such report may state the nature of the work which in the opinion of the Council will afford the greatest relief. (2.) The Minister shall submit such report to the Relief work Governor in Council for his consideration, and the : ~~ r~. & o~ Governor in Council, if satisfied that measures of relief are necessary, nlay- (i.) Provide such Government work as in his opinion will tend to afford the greatest relief of unemployment in the localities affected; (ii.) By Order in Council direct local authorit1es or other local governing bodies in the said localities to commence and carrv out such works as are stated in the Order for the relief of unemployment therein; and all such authorities and other bodies shall conform with such Order.
10082 S.9. LABOUR. Unemployed W O1'kers Insurance Act. 13 GEO. V. No. 28, Works of the class mentioned in this subsection are hereinafter referred to as relief work. An Order in Council under this subsection may prescribe the time within which relief work is to be commenced and the time allowed for the completion of the same. Loans to local (3.) ]1-'or the purpose of ena,bling any local authority ,authoritiee. or other local governing body to conform with any such Order it shall be entitled to obtain from the Treasurer a loan under and subjec~ to the provisions of *" The Local Works Loans Acts, 1880 to 1899" and t"The Local A1dho- rities Acts, 1902 to 1920," not'withstanding any limitation on its borrowing powers contained in the said Acts or any other Act and without taking any poll of electors or obtaining their consent to the work or to the loan, and for that purpose sections three hundred and three to three inmdred and eight both inclusive (Subdivisions Ill. and IV. of Part XIII.. Loans and Local Works carried out by means of Lo~ ns) of the last-mentioned Acts and any similar provisions relating to any other local governing body shall not apply. , ~ ' aD o u c e a tfh l aourlittbyy, such (4a. u) th If ortihtve oGrovoethrneorr biondCvohuanscilmias dseatidseffieadultthiant caonny- .&c. forming with ~ uch Order witllin the time stated therein, the Governor in Council may by a further Order in Council so declare and direct that all costs, charges, and expenses incurred by the Council in cqnforming with the Order shall be paid by such authority or body; and thereupon the Council for and on behalf of the authority or body so in default and as its irrevocable agent, may conform with such Order, and for that purpose may, if deemed necessary, 'obtain a loan on behalf of such authority or body as in subsection three hereof is provided, and may recover from such authority or body all costs, charges, and expenses incurred. A copy of the Order made for the payment of such costs, charges, and expenses may be filed in the office Qf the Registrar of the Supreme Court; and may there- upon be enforced in the same manner as if the same were a judgment of that Court; and the certificate of the Minister as to the amount of costs, charges, and expenses so incurred shall be prima facie evidence of such amount. * 44 Vie. No. 9 and Amending Acts, supra, pages 2023 et seq. t 2 Edw. VII. No. 19 and Amending Acts, supra, pages 1860 et seg., 5653, 5918, 8304, and 9571.
LABOUR. ss. 10-13. 10083 1922. Unemployed Workers Insurance Act. (5.) If it is shown to the satisfaction of the Governor When ~ ocal iDnoCmomuenncciledthaotr, cbayrrireedasoonutofbycerthtaeinTrreelaiesuf rwerorokr bbeyinga ~ r, , e ~ ,, c t c. o h , o um r p l ea t dy Y' b e local authority or other local governing body at an out of fund. earlier time than it would otherwise have been, or that owing to some other good and sufficient cause the expenditure will result or has resulted in a loss, the Governor in Council may by Order in Council declare the amount of such loss, and thereupon the Treasurer or the local authority or body shall be entitled to be paid the amount so certified out of the fund. (6.) "\Vhen it is shown to the satisfaction of the Discontinu~ Governor in Council, by the report of the Council or byance of relief other evidence, that in any locality in ·which any relief work. work is being carried out the demand for labour has so increased as to render the continuance of such relief work or some part thereof no longer necessary, he may by Order in Council direct that such relief work be discontinued either wholly or to such extent as is mentioned in the Order. 10. The Governor in Council may from time to time, Power to upon the reco~ mendation of the Council,. order that ~~~~r!e~:-o£ works to be carned out by any local authOrIty or other certain work. local governing body shaH be postponed until the slack season of the year, so that as far as practicable employ- ment in the locality in question shall be constant throughout t,he year. 11. The Minister may cause to be issued to any Railway unemployed worker a ticket or pass to enable him to passes. travel by the State railways to any place of prospective employment. rrhe cost of every such ticket or pass shall be defrayed .out of the fund. 12. Regulations under this Act may prescribe and Advertise- regula,te the methods and conditions by and under which ments. employers may publicly advertise for labour. 13. (1.) The Governor in Council may, by noiiifica- Land may t ,3 i , popnroipnn.atth,ee a G n a y z ' e a t r t e e a ofrfoCmrotwimn elantod ftoirmtehesepturappoasrets, oafnda ffbaoerrmsleastb. oauprart labour farm. Unless such notification otherwise declares, such lands shall not be liable to rating by the local authority of the Area within which they are situated.
10084 S~ 13. LABOUR. Unemployed Workers Ins'ltrance Act. 13 GEO. V. No. 28, Overseers (2.) The Minister, on the recommendation of the and officers. Council, may from. time to time appoint for a labour farm an overseer and such other officers as, in his opinion, are necessary. Power of overseer. (3.) Subject to the Council, the overseer shall manage and conduct such farm, and for such purposes shall have all powers and authorities necessary to the efficient and orderly conduct and management of such farm. The overseer may establish and manage any trade or industry in a labour farm and dispose of the proc@eds ther~ of. aiWndthmooiltaitsbetdoourbe man ( w 4. h ) oT, hine tChoeuirncoiplimnioany, aids mnoitrminatlolyaunlaebmopulroyfaarbmle aanndy. farm. who is unable to support himself otherwise. Thereupon such man shall be entitled to such benefits as are provided by the rules of the farm so long as he complies with the rules and discipline of the farm, unless in the opinion of an industrial magistrate, upon a reference to him by the Council in that behalf, he is not of good character or repute. Every such man shall, upon admission, give particu- lars to the overseer of his trade or calling, period of residence in this State, place of birth, and such other information as may be required of him; and the overseer shall enter such particulars in a book to be kept for that purpose. Every such man shall be paid in money for the work performed by him at the farm such wages as the· Council may fix. And this provision shall prevail over any award or industrial agreement. Any such man, unless physically unfit, who refuses; without just cause to perform the work allotted to him by the overseer shall be forthwith dismissed from the farm, and shall not be entitled to be admitted into another labour farm, or to receive any allowances from the fund. Trust account. (5.) All moneys received by the Council under this section or in respect of any moneys appropriated by Parliament for the purpose of labour farms shall be paid to the credit of a trust account. Application All moneys so paid into such trust account may of moneys. be expended- (a) In the payment of wages for work to workers at labour farms;
IjABOUR. s. 14. 10085 1922. Unemployed Worket·s Insurance Act. (b) In the erection, construction, and making of necessary buildings, erections, works, and con- veniences in connection with labour farms, and in the maintenance thereof; (c) In purchasing provisions, clothing, building materials, stock, seed, agricultural implements, tools, and all things necessary for the proper working of labour farms, and generally for carrying out the provisions of this section. (6.) No license or club certificate authorising the sale ~ ale of of any intoxicating liquor shall be granted within the~ i: ~ ~ it d boundaries of a labour farm, and no license or permission e. shall authorise the sale within such boundaries of intoxi- cating liquor by any form of agency or in any way what- ever; any person who sells such liquor within or brings such liquor within the boundaries of a labour farm shall be liable to a penalty not exceeding fifty pounds: Pro- vided that this subsection shall not extend to prohibit the bringing in or use of such liquor as a medicine upon the certificate of a legally qualified medical practitioner. (7.) The Council may from time to time make rules Rules. with respect to all or any of t,he follnwing matters, namely:- (a) The rate of wages for work to be paid to workers at a labour farm; (b) rrhe cleanliness, good order, and health of labour farms; (c) The maintenance of order and discipline; (d) The punishment for breaches of rules, provided that no pecuniary penalty for the breach of any rule shall exceed five pounds; (e) Generally, for the better carrying out of the purposes and provisions of this section, whether hereinbefore specifically authorised or not. All such rules shall, on being published in the Gaz.eUe, have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. 14. (1.) Every unemployed worker shall have theRightto right to apply to be registered and to be registered for work. employment at any State Labour Exchange. (2.) Subject to the provisions hereinafter mentioned, if after the expiration of fourteen days from the date of his registration for employment at any State Labour
10086 LABOUR. fchedule. nemployed Workers Insuranee Aet. 13 GEO. V. No. 28, - - ---"'--- - - - - - - - - - - ~ - - ~ - - - - - - - Exchange a~ lY worker who has been bond fide resident in Queensland continuously for the six months immediately prior to such registration (the proof of which residence shall lie upon him) has not been provided wit,h work, he shall have the right to receive a sustenance allow- nnce at t,he rate appropriate to his case and subject to the provisions set, forth in the Schedule to this Act: Provided tl1at the Governor in Council, by Order in Council published in the Gazette, may from time to time make such alterations in or additions to the said Schedule or of any of the rates, classes, or other par- ticulars or provisions thereof as he thinks fit, whereupon the Schedule as so altered or added to shall be substituted for the existing Schedule to this Act. (3.) No sustenance allowance shall be receivable or be received by- (a) Any returned soldier or member of the military or naval forces who has been absent on acti ve service beyond Queensland, whilst he is in receipt of unemployment allowance from any Repatriation Department; or (b) Any person who is in receipt of an old age pension under the laws of the Commonwealth; or (c) Any person who is in receipt of a periodical payment made under or pursuant to the provisions of *"The Workers' Compensation Acts, 1916 to 1921." (4.) The right to receive sustenance allowance ~ hall be subject -to the following conditions and excep- tions :- (a) If the worker, at any time after his registration, wit,hout reasonable excuse refuses or has refused to accept any work offered to him, whether through a State Labour Exchange or otherwise, he shaJl not for thirty days after such refusal be entitled to receive any such allowance. Objection on the part of an unemployed worker to become a member of a registered trade or industrial union which enjoys the right of preference of employment for its members conferred on such union by * 6 Geo. V. No. 35 and Amending Acts, supra, page 9851.
. LABOUR. s. 14. 1922. Unemployed IV orkers I nsnrance Act. ----- - - -- - ----- .. - - - - - - - - - - - - - - - - an industrial agreement duly registered, or by an award of the Court of Industrial Arbitra- tion of Queensland or the Commonwealth Court of Conciliation and Arbitration, shall. not of itself constitute "a reasonable excuse on the part of the worker for refusing to accept work offered. A worker who refuses to accept employment solely on tha,t ground shall forfeit his right to sustenance allowance and shall not again become entitled to any such allowance until the lapse of thirty days a.fter such refusal. ! Refusal to accept employment in a situation vacant in consequence of a stop- page of work due to an industrial dispute shall be deemed a reasonable excuse for the purposes of this paragraph. (b) After his registration the worker shall have attended and shall attend to seek employment at a State Labour Exchange at such times as are prescribed by the regulations. (c) When it is shown to the satisfaction of the Council that any worker has become unemployed solely by his own fault, the Council may direct that he shall not whilst unemployed be entitJed to any such allJwance during such period not exceeding two month~ as the Council may fix. (d) No person who is not a worker within the meaning of this Act because his recent or usual employment has been with an employer who is not an employer within the meaning of this Act shall be entitled to receive any such allowance unless the Council in their discretion think proper to extend the benefit of this provision to the case of any such person; in which event such' person shall be entitled to receive such allowance. ( e) No person shall be entitled to receive susten- ance allowance who is unemployed by reason of his own action in refusing employment under the conditions of an award or industrial agreement. (5.) If any dispute arises with respect to any person's rIgnt to receive sustenance allowance, the matter may 10087
10088 ss. 15-18. LABOUR. Unemployed WOJ'kers Insurance Act, 13 GEO, V. No, 28, be referred by the Minister to the Council for decision, and the decision of the Council thereon shall be final and conclusive. (6.) The fund shall be charged with the payment of all such sustenance allowances. Technical training of worker, 15. Where it is shown to the satisfaction of the Council that any worker has repeatedly lost his employ- ment by reason of imperfect technical knowledge or skill, the Council may direct that he receive instruction at any State Technical College or in any other institution or business, and that the cost of such instruction, together with an allowance for the sustenance of the worker during his period of instruction, shall be borne by the fund wholly or in part at the discretion of the Council. General powers, 16. In addition to and without in any way limiting the powers of the Governor in Council or the Minister under this Act, the Governor in Council is hereby em- po wered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to safeguard the requirements and well-being of the people and to give full efIect to the provisions of this Act. And every such order, direction, and rule shall be obeyed. Publication 17. Every Order in Council made or purporting to and effect of be made under this Act shall be published in the Gazette, ordeJs. and forthwith upon such publication shall be read as one with this Act, and construed as being of equal validity, and shall not be challenged in any proceedingR whatsoever. Offe;nce 18. Any person who by any act or default contra- agaInst Act. venes or fails to comply with any provision of this Act, or delays, or obstructs, or hinders the doing of any act required by this Act to be done, whether by himself or by any other person, or who aids, abets, counsels, or procures any other person to so contravene or fail to comply with any such provision, or who attempts in any wise so to do, shall be guilty of an offence against this Act. Any person guilty of an offence against this Act shall, unless some other penalty is imposed in that behalf, be liable to a penalty not exceeding one hundred pounds. If such person is a company, the individual person guilty of the offence, and also the managing director or other
LABOUR. ss. 19, 20. 10089 1922. Unemployed Workers TnS1tranCe Act. - -~ ~ --. - -- - - manager in Queensland of the company who knowingly 'permits the commission of the offence, shall each of them be liable to the like punishment. All proceedings in respect of penalties for offences against this Act may be heard and determined on a -complaint in a summary way by and before a police magistrate sitting in petty sessions. 19. No action or proceeding shall be maintained No action against the Crown or the Council or the Minister or any against member 0 f a L oca] Authorl' ty wh" 1 1e act'mg m. h' IS capaCl' ty Minister , &0. .as a member of the Local Authority, or any overseer of a labour farm or other officer, for anything done or omitted to be done by him in carrying out or purporting to carry out the provisions of this Act. 20. (1.) The Governor in Council may from time to Regulations. .time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be -convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there maybe in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for a,nd supplying such omission or insHfiiciency. vVithout limiting the generality of the foregoing ;provisions, such regulations may provide for- (i.) Fixing the rates of contribution to the fund in respect of the employer, worker, and the State; (ii.) The exemption from the operation of this Act of any c1ass or classes of persons in connection with any industry who make application to the Council in that behalf and satisfy the Council that such persons are entitled to rights in a superannuation fund for the benefit of persons employed in such industry and that such persons are not subject to dismissal except for misconduct or for neglect in the performance of or unfitness to perform their duties, or that the terms and conditions on which such persons are engaged make it unnecessary tha t they should be insured under this Act;
10090 s.21. LABOUR. Unemployed Workers Insurance Act. 13 GEO. V. No. 28, (iii. ) The method of assessment and the method of payment of and collection of contributions to the fund whether by way of stamps or deduc· tion fro~ wages of a worker or otherwise; (iv.) The fees, allowances, and travelling expenses· which may be paid to members of the Council; (v.) Prescribing forms of returns and statistics to be made and furnished to the Director of Labour and the contents thereof, and the persons (whether workers or employers or not) by whom the same shall be made, and the time and mode of making and furnishing: the same. (2.) The regulations may fix a penalty, not exceeding in any case twenty pounds, for any breach thereof. (3.) All such regulations shall be published in the· Gazette, and thereupon shall be of the same effect as if they were contained in this Act and shall not be challenged in any proceedings whatsoever. Such regulations shall be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not then within fourteen sitting days after the commencement of the next session. (4.) If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of Parliament after such regulation has been laid before it,. such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. (5.) For the purpose of this section, the term" sitting days" shall mean days on which the Legislative Assembly actually sits for the despatch of business. Report to be 21. The Minister shall cause a report to be laid flaairdliabmefoernet. before Parliament within one month after the commence- ment of the session of Parliament in each year, giving full information as to all proceedings under this Act during the last preceding financial year.
1922. LABOUR. Unemployed 'Workers Insttrance Act. 8ch. 10.0.91 SCHEDULE RATES OF SUSTENANCE ALLOWANCE FOR UNEMPLOYED WORKERS. The rate of sustenance allowance shall in no case exceed onc half of the amount of wages payable weekly under any award to, or, if there is no award, in accordance with the prevailing rates of wages of workers employed in the same calling as that of the unemployed worker in the locality where the unemployed worker lives; but, subject as last aforesaid, the rate of sustenance allowance per week during unemployment to which the unemployed worker of the clas.i mentioned in the first left-hand column of the table hereund)I' is entitled shall be the amount set against the name of such class in the- other columns respectively of the said table according to the District and Subdivision of District of the State therein mentioned in which. the unemployed worker lives. SOUTHERN DISTRICT. CENTRAL DISTRICT. NORTIl1iRN DISTRIOT. CLASS OF WORKERS. Subdivision. Subdivision. Subdivision. I I 1 . . __.___-'--___._1_1_.___ 2_. _i__ 1. _1_2_.___ 1._!_2,_ I , 8. d. 1. Individual workers, I' 15 0. whether male or female, unmarried, or widowers, I or widows 2. Married workers- Male worker supporting 25 0. his wife and any de- pendent children I I 8. d.! I 8. d. 11 8. d. 16 3 i 16 3 , 17 6 i I I I 27 6 1127 6 30 0 I 8. d. 17 6 30 0 8. d. 20. 0- 35 C I n addition, for each child 4 0 5 0 4 0 5 0. 40 5 0- wholly supported by a male or famale worker (not exceeding four children) under sixteen years of age (a) Where in any special case prOVISIOn is not made in tl:c- foregoing table for sustenance allowance to any worker or class of workers, the Governor in Council, on the re~ ommendation of the· Council, may approve of sustenance allowance being paid, to such. amount as may be approved. (b) Sustenance allowance shall be payable in respect of each week of any continuous period of unemployment only after the first fourteen days of unemployment: Provided that in the case of employment of a casual or inter- mittent nature the Council may, with the approval of the Governor in Council, make rules providing that sustenance allowance may- L
10092 8ch. LABOUR. Unemploy~ d Workers Insnrance Act. 13 GEO. V. No. 28,1922. be paid to workers in such employment based on the number of days unemployed in each month, although the number of such daya in each month may be less than fourteen days: Provided further that the Council may, with the approval of the Governor in Council, make rules whereby a worker who has contri- buted to the fund for a period of not less than six months, and whose subsequent usnal employment is of a kind which is not within the provisions of this Act, may nevertheless whilst unemployed be and be deemed to be a person entitled to sustenance allowance under the conditions herein provided, and that upon returning to an employment of a kind which is within the provisions of this Act the period aforesaid during which he has contributed to the fund shall be deemed a sufficient compliance with the req nirement of contribution herein provided. (c) No person shall receive sustenance allowance for more than fifteen weeks within anyone year: Provided that the Council in their discretion may extend such payments to meet cases of hardship and distress. (d) No person shall receive sustenance allowance unless he has contributed to the fund for six months prior to his application for sustenance allowance: Provided that the Council may, with the approval of the Governor in Council, make rules whereby a contributor who has contributed for less than six months may receive sustenance allow- ance of a proportionately reduced amount, based on the duration of the fully paid contribution so paid by him to the fund. (e) A period of unemployment shall not be deemed to commence until the worker has made application for sustenance allowance in the prescribed manner. (f) No person shall receive sustenance allowance who is not registered at a State Labour Exchange in accordance with section fourteen subsection one of this Act. Di8tricts. (g) For tile purposes of this Act, the following Districts and Subdivisions are created:- Sonthern Distlict.-All that portion of the State lying between the southern border and a line drawn westward from Yandaran to the State's western border. Central District.-All that portion of the State lying between a line drawn westward from Yandaran to the western border of the State and a line drawn westward from St. Lawrence to the State's western border, but to run south of ·Winton. Yandaran and St. Lawrence 'shall be in the Central District. Northern District.-All that portion of the Sta+,e north of the Central District. Snbdivisions. Each District is divided into two Subdivisions by a line com- mcncing on the southern border of the State at a point 29 degrees south latitude 149 degrees east longitude, thence north~ westerly to a.
LABOUR. ss. 1-3. 13 GEO. V. No. 21,1922. Workers' Homes Act Amendment Act. point 26 degrees south latitude 148 degrees east longitude, thence north-west.erly to a point 23 degrees south latitude 146 degrees east longitude, thence northerly to e, point 20 degrees south latitude 146 degre:s east longitude, thence north-westerly to a point 16 degrees ,south lat.itude 145 degrees east hngitude, thence easterly to the coast. So much of each District as is ea.st of the line defined in the last preceding paragraph shall be in No. 1 Subdivision, and so mueh of eaeh District as is not east of the said line shall be in No. 2 Sub- ,division of the Southern, Central, and Northern Dist.ricts respectively. 10093 An Act to Amend "The Workers' Homes Act of 13 Geo, v. 1919" in certain particulars. No. 21. THE ,\VORKERS' [ ASSENTED TO 14TH OCTOBER 1922.'.. ] Ho~ mflACT , , A:VIENDMENT B " Ac'l' OF 1922. E It enacted by the Kmg's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, ,and by the authority of the same, as follows ; - 1. This Act may be cited as "The Workers' Short title Homes Act Amendment Act of 1922," and shall be read and , as one with *"The Workers' Homes Act of 1919," herein~ ~ ~ ~ ~ ~ ctlOn referred to as the Principal Act. The Principal Act and this Act may together be cited as "The Workers' Homes Acts, 1919 to 1922." 2. The following words are added to the last para- Amendment graph of section eight of the Principal Act :-" and, after ofs. 8. erection of any such home or acquisition under this Act {)f any land with a building thereon suitable for a home, may alter, enlarge or improve the same." 3. The first paragraph of subsection three of section Amendment nine of the Principal Act is repealed, and the following of s. 9 provision is inserted in lieu thereof:- "vVhere more persons than one apply to become purchasers of the_ same home, the Minister, after ta.king into consideration the particular circumstances of each * 10 Geo. V. No. 7, supra, page 9164.
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