Workers' Accommodation Act of 1915 (6 Geo v No. 30) (Qld)

LABOUR. 6 GEO. V. No. 30,1915. Workers'Accommodation Act. 6899 An Act to Provide for the Proper and Sufficient 6 Geo. V. No. 30. Accommodation of Workers. THE WORKERS' [ASSENTED '1'0 29TH DECEMBER, 1915.J ACCOMMo- DATION B E it enacted by the King's Most Excellent Majesty, ACT OF 1915. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Workers' Accom- Short title modation Act O 'J f 1915," and shall come in • to operation on a co n m d mence- the first day of January, one thousand mne hundred and ment of sixteen. Act. 2. "The Shearers and Sugar Workers Accommodation Repeal. Acts, 1905-1906,"* are repealed: Provided that, without limiting the operation of " The Acts Shortening Acts"t-- (a) All districts constituted under such repealed Acts shall be deemed to have been constituted under and for the purposes of this Act, and shall be subject to this Act; (b) Subject to this Act all inspectors appointed under such repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed as inspectors under this Act. 3. In this Act, unless the context otherwise indi- Interpreta- " cates, the following terms have the meanings set against ~ ~ d VII them respectively, that is to say:- ;'8. No. 2.. "Construction work"-Any work in relation to Construction the construction of railways, tramways, docks, work. or bridges; or any other work which the Governor in Council, by Order in Council, declares to be construction work under and for the purposes of this Act; " District "-A district constituted for the pur- District. poses of this Act; "Employer"-Any owner, master, manager, fore- Employer, man, overseer, contractor, or other person having control of workers; * 5 Edw. VII. No. 9 and 6 Edw. VII.1'fo. 31, Bupra, pages 1265 et 8el]. t 31 Vic. No. 6 and amending Acts, 8t'pra, pages 15 et 8eq.

6900 Inspector. Mea.tworks. Minister. Pastoral occupations. Portable shearing plant .Premises. ,. Sawmill. Shearer. Shearing' shed. Sugar worker Sugar works. LABOUR. Workers'AccommodationAct. 6 GEO. V. No. 30, "Inspector"-An inspector appointed under this Act; " Meatworks"-Any building used in connection with the slaughter of animals for the food of man; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; "Pastoral occupations"-Such work in connection with the grazing of horses, cattle, sheep, or other stock, as the Governor in Council by Order in Council declares to be pastoral occupations for the purposes of this Act; "Portable shearing plant "-A complete shearing plant or part of a shearing plant which is conveyed from place to place, and which is so constructed and equipped that it can easily be moved, and which is not fixed in any shearing-shed or other building; ",Premises"-Any land, area, or place whatsoever, enc10sed or otherwise, wherein or whereon any building, works, or structure to which this Act extends is or are situated or is or are about to be constructed or is or are in course of construction: the term includes any road or public reserve; . " Sawmill"-Any building used in connection with the preparation of timber for sale from the log; " Shearer"-A shearer or labourer, other than an employer, employed in or about a shearing- shed; " Shearing-shed "-Any building or structure used for the purpose of shearing sheep, or- for the scouring, sorting, or pressing of wool, or in any operation connected with such shearing, scouring, sorting, or pressing; " Sugar worker"-A labourer or artisan, other than . an employer, employed in or about any sugar plantation or sugar works; " Sugar works"-Any sugar mill or sugar refinery to which this Act is extended by Order in Council;

1915. LABOUR. Workers'AccommodationAct. 6901 "Worker"-Any person, other than an employer, Worker. engaged in any of the works, callings, occupa- tions, or industries to which this Act extends. 4. (1.) This Act applies only to buildings, structures, Application works, and premises used for or in connection with- ~ f: ~ ! . VII. (a) Construction works; No. 9, ss. 3,9. (b) Meatworks; (c) Pastoral purposes ; (d) Sawmills; (e) Shearing-sheds; (f) Sugar plantations; (g) Sugar works; and (h) Such works as the Governor in Council may from time to time by Order in Council declare, which are situated within the limits of a district. (2.) Unless the Governor in Council by Order in Council otherwise declares with respect to any particular town or city, this Act does not apply where the buildings, structures, works, or premises are situated within the boundaries of a town or city. (3.) Under special circumstances the Minister may, Exemption by order, wholly or partly exempt any employer from the operation of this Act for such period as may be fixed by the order. The Minister may in his discretion from time to time delegate to any inspector the powers vested in him by this subsection. 5. (1.) The Governor in Council may from time to Con~ tit, : tion time, by notification in the Gazette, constitute districts ~~ dlstr~ c~ . for the purposes of this Act, and may vary or rescind any . ss. , • such notification and alter the boundaries of any district. (2.) He may from time to time appoint such and so Appoint- many inspectors a's may be necessary for the effectual ~ ent °t f execution 0 f t hI· S Act, an dmay aS'SIgn a d" Istnct or dI' S- Inspec ors. tricts to any inspector. An inspector may exercise and discharge his powers and duties under this Act in any part of Queensland notwithstanding that a district has been assigned to him. (3.) Each inspector shall be furnished by the Minister with a certificate of his appointment to be produced by him in pursuance of this Act.

6902 LABOUR. Workers'AccommodationAct. 6 GEO. V. No. 3t), Accommoda. 6. (1.) Accommodation proper and sufficient for the t p i r o o n vi t d o e b d e . comfort and health of such workers as are employed and 5 Edw. VII. reside on the premises of the employer during their No. 9, s. 6. employment shall be provided in buildings by the employer or the person having control of the premises, free of all cost to the worker, except as provided by the next succeeding section: Provided that where any existing industrial award contains any determination fixing any sum as being proper to be deducted from the remuneration of the employee in respect of accommodation provided by the employer for such employee, such industrial award shall, notwithstanding anything to the contrary contained in this Act, remain in full force until altered by the Industrial Court. Any agreement between an employer and a worker which, if it were valid, would have the effect of requiring that such worker shall not during his employment in that capacity reside on the premises on which he is employed, shall to that extent be void and inoperative. What is (2.) Accommodation in such buildings shall not be : ~ c~~ :td deemed proper or sufficient for the comfort and health s!lCommoda- of workers, nor shall any employer or person having tlon. control of the premises allow, permit, or suffer any worker to use and occupy accommodation in such buildings, if any of the following conditions are not. fulfilled :- (i.) All such buildings shall be separate from any buildings used for construction works, meat- works, pastoral purposes, sawmills, shearing- sheds, sugar works, or other works, and shall be distant at least fifty yards from the meatworks, sawmill, shearing-shed, or sugar works, or thirty yards from buildings used for pastoral purposes: Provided that- (a) Buildings erected prior to the commencement of this Act at a distance of less than fifty yards or thirty yards respectively, but con- taining, or which shall be altered so as to contain, the accommodation hereinafter de- fined, and which are recommended by the inspector and approved by the Minister, shall be deemed proper and sufficient buildings within the meaning of this Act: (b) Where the buildings erected for the accom- modation of workers have been rendered

LABOUR. 1915. Workers'AccommodationAct. 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 there has not been a. reasonable or sufficient time to rebuild or repair the same,. or to remove the danger of continuance of such disease, or where premises have been newly established and there has not been a reasonable or sufficient time to erect new buildings, the employer may provide temporary accommodation for such workers in tents or other structures of a temporary nature: Nevertheless proper and sufficient accommodation shall be erected within twelve months from the time of the causes aforesaid or such extended time as may be allowed by the Minister. (ii.) All buildings used or in course of erection a.t the commencement of this Act for sleeping shall be divided into compartments, each compartment to accommodate not more than three persons. But in the case of such build- ings erected after the commencement of this Act each such compartment shall be provided so as to accommodate not more than two persons. (iii.) Where the workers for whom sleeping accom- modation is provided include persons of any Asiatic race, a separate building or separate buildings shall be provided for their sleeping accommodation. (iv.) Not less than four hundred and eighty cubic feet of air space shall be allowed to each person sleeping in any compartment of any such building. (v.) No room used for sleeping shall be used for the cooking or serving of meals. Unless permitted by the regulations in any particular class of cases, sleeping-rooms must not adjoin rooms used for cooking meals. (vi.) When meals are cooked and served in the same room, provision shall be made for cooking the meals at one end of the room and for serving them at the other. K 69Q3

6904 LABOUR. W orkel's' Accommodation Act. 6 GEO. V. No. 30, (vii.) Separate dining accommodation shall be pro- vided for all persons of Asiatic race employed. (viii.) The sleeping and dining accommodation re- quired to be 'provided for workers shall be in a building or buildings separate from those provided for any Pacific Island labourers or persons of Asiatic race employed in or about the same sugar plantation or sugar works. (ix.) Sleeping accommodation shall be provided for cooks and their assistants in a compartment or compartments separate from the sleeping accommodation provided for other workers. (x.) In the case of sugar works, any dining or sleeping room shall be placed at such distance not less than fifty yards, as the inspector permits, from any open drain for the convey- ance of sewage or liquid refuse, and such drain shall have such fall as the inspector approves. (xi.) Sufficient and proper earth-closets shall be provided, which shall be situated in a position to be approved by the inspector, and being not less than twenty-five yards from: the buildings and not less than one hundred yards from the water supply. With the sanction of the Minister, cesspits may be provided instead of earth-closets, and such cesspits shall be made fly-proof and all seats provided with automatic closing lids. A sufficient supply of disinfectant shall be kept in the privies for immediate use. (xii.) Each sleeping, kitchen, and dining room shall be supplied with sufficient light and ventila- tion, and shall be cleaned and fumigated or disinfected at least once in each' year on a date to be decided or approved by the inspector. {xiii.} Every employer shall provide for his workers a sufficient supply of good drinking water. (xiv.) Proper cooking, drinking, and washing vessels and utensils shall be provided by the employer. (xv.) Baths and an adequate supply of water shall be supplied, except where the inspector cer- tifies that there is not a sufficient supply. (xvi.) All buildings shall be provided with a floor of suitable material.

1915. LABOUR. Workers'AccommodationAct. 6905 (xvii.) A fly-proof safe of suitable dimensions shall be provided for each kitchen and dining-room. (xviii.) Proper and sufficient drainage shall be con- structed to the satisfaction of the inspector. 7. (1.) Every building, tent, structure, and compart- Duties of ment provided by an employer for the accommodation of : c' : : ~ : o­ workers under this Act shall be kept clean by the persons dated. occupying the same during their occupation thereof; and ~~ d;" s~i: ' whenever it is not being kept clean by the persons occupy- ing the same the employer may thereupon have such building, tent, structure, or compartment restored to a dean state, at the expense of the occupiers, and thence- forward kept so from day to day. (2.) No person occupying any such building, tent, structure~ or compartment shall cause or suffer any damage or defacement to be done to it or to any property of an employer contained therein; and such employer may have such damage or defacement repaired. (3.) The employer may in any such case as aforesaid, and without prejudice to any other remedies to which he may be entitled, deduct the expenses of any work neces- sary for either of the aforesaid purposes from the wages due or accruing due to the person or in equal parts from the wages due or accruing due to the persons offending, or may recover such expenses as a debt from such person or from such persons jointly in any court of competent jurisdiction, together with reasonable costs of the action, but so that the employer shall not be entitled to recover from anyone person more than five pounds in respect of such expenses. 8. Every inspector shall once at least in every twelve Inspection Im . ngosn, th te sn, tasn, dstmruacytuwrehse,naenv d erchoemtphairntkmsefnitt, sinusspee d c f toarllac.bcuoimld-- o r a e n f e ~ ; _ a w l cc a t o ' I m On mo- modating workers situated within his district. t~ ~ i~ n8. If at the completion of the inspection the inspector is satisfied that the requirements of this Act have thereto- fore been complied with by the employer, he shall, if so required by the employer, give to him a certificate to that effect. . The inspector shall include in such certificate a statement regarding the cleanliness or otherwise of any building, tent, structure, or compa.rtment, having regard to the prcwision8 .0£ the last preceding section.

6906 LABOUR. Workers'AccommodationAct. 6 GEO. V. No. 30, Such certificate shall, for all purposes and in aU proceedings, be prima facie evidence of the facts therein stated. Every inspector shall, not later than the thirty-first day of March in every year, make a full and detailed report to the Minister of his inspections. Every inspector making any such inspection shall, at the request of an employer or the person having control of the premises, produce and show the certificate of his appointment. Temporary 9. Notwithstanding anything contained in this Act,. : ~c~ % ~ oda- in cases where any owner or other person having the sugar control of premises- w5 oErdkwer.s. VII. ( a ) Emp oys lanykwor ers t emporarl' 1y at such No. 9, S. 9A. premises for any cane-cutting or other work usually performed by suga.r workers; or (b) Enters into an agreement with any person~ herein called the contractor, for the perform- ance temporarily at such premises, by the contractor and workers directly employed by . him, of any cane-cutting or other work usually performed by sugar workers; or Case of portable shearing plant. (c) Enters into a shearing agreement with the owner or other person having control over a portable shearing plant, the owner or such other person having control of the premises shall, free of all cost to the workers except as provided in section seven of this Act, provide and supply to all such workers the temporary accommodation necessary in the execution of the work, and the regu- lations may prescribe the nature and extent of the temporary accommodation to be supplied by him, so that in all respects the health and well-being of such workers may be safeguarded. Right of entry. lb. s. 10. 10. For the effectual execution of this Act, every inspector shall at all times have the right of ingress and egress to and from any premises and any building used for accommodating workers, and any tent or other structure used for accommodating workers employed temporarily. Notice to 11. When an inspector has reason to believe that the ~ ~ ply with requirements of this Act have not been complied with, he I~ . ~ . 11. shall, by notice in writing to the employer, direct him, within a reasonable time to be therein mentioned, to

LABOUR. 6907 1915. Workers' A.ccommodation A.ct. oComply with such requirements. He shall also in the notice :specify the matters with respect to which he considers the :said requirements have not been complied with. The notice ma,y be served on the employer personally or by being left at his usual or last known place of abode. Every person who-. • (a) Refuses to give information or gives false information in answer to an inquiry by an . inspector; or I{b) Resists or ·obskoots arn inspector in the course of his duty; 01' {c) Refuses or neglects to obey the order of an' inspector; oc (d) Refuses or neglects to,give any notice prescribed by this Act, shall be liable to a peu~lty not exceeding twenty-five pounds. 12. If any employer refuses or neglects to obey the Comp~ a. int oOrder or any part of the order of an inspector, a police ; ; : a: ~ ~ : te magistrate sitting in petty sessions, upon the complaint of failure to <of such inspector, may make an order directing the :ifllct. . inspector to carry out the work at the expense of the 5 Edw. VII. -employer., and the inspector shall ca\lse the work to be No. 9, s. 12. -carried out accordingly, and may recover from the employer the expense of doing the work, by action in any court of competent jurisdiction. All such expenses shall be ,la, firstekal'ge upon the premises of the employer, notwithstaDuling any change that may take place in the ownership.Qf the premises. 13. Every -employer .shaJ1, not less than a week Notice of before . the commencement of the .shea.ring or crushing mcoemnmt o e f nce· season In each year, or the commencement of work at a work. construction works, meatworks, or sawmill,or other works, lb. s. 14. as the case may be, post or cause w be delivered to the inspector of the district, at his official address, a notice of such intended eommeneement. The inspector may excuse the want ,of such notice in .any. case where owing to a sudden emergency it has become necessary to immediately commence work, pro- vided notice that work has commenced is given as aforesaid within twenty-four hours thereafter.

6908 LABOUR. Workers'Accommodation Act. 6 GEO. V. No. 30, 1915. o JU f I: J , u i s s t d lC ~ c e t s i . on 14 . ( , 1) Complaints for offences against or for failure 5 Edw. VII. to comply with this Act shall be heard and determined in ~ ~ . 9, ss. 15'a summary way under "The Justices Acts, 1886 to 1909."* General penalty. (2.) Any person who contravenes or fails to comply with any provisions of this Act shall, where no other penalty is expressly provided, be liable to a penalty not exceeding fifty pounds. Appropria- (3.) All penalties recovered under this Act sHall be ~~ ~ ft~ es. paid into the Consolidated Revenue. Regulations. 15. The Governor in Council may from time to time lb. s. 17. make regulations for all purposes which, in his opinion, are necessary to give effect to the purposes and intention of this Act. Such regulations may be general in their application or ' may be limited to particular localities or premises. Such regulations may provide a penalty not exceed- ing twenty pounds for any breach thereof. All such regulations shall, upon publication in the Gazette, be judicially noticed, and shall be read as one with this Act and be of equal validity. All such regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, or, if Parliament is not then sitting, within fourteen days after the com- mencement of the next session of Parliament. If either House of Parliament, by resolution passed within fifteen days after such regulations have been laid before such House, resolves that the whole or any part of such regulations ought not to continue in force, in such case the whole or such part thereof as is so included in such resolution shall from and after such resolution cease to be binding, but without prejudice to the validity of anything previously done thereunder. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.