Workmen's Lien Act 1897 (WA)

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ANNO SEXAGESIMO PRIMO

VICTORIA] REGINA,.

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No. XX.

AN ACT to give greater Security to Workmen

for obtaining Payment of their Wages.

[Assented to, nrd December, 5'97.]

and Legislative Assembly of Western Australia, in this present Par-	BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council
liament assembled, and by the authority of the same, as follows —

THIS Act may be cited as the Workmen's Lien Act, 1897, and shall come into operation on the thirty-first day of December, sl '	oi'L l	iteii,telLle'il.
1897.

1.

2.    IN this Act, unless the context otherwise requires,- " Defendant " shall mean any person against whom a demand

is made in a legal proceeding, whether by way of claim,	Interpretation.
counter-claim, or set-off:

" Sum found to be due " shall mean so much of the amount claimed in any legal proceedings as is found to be due, and, where there is a counter-claim or set-off, shall mean the balance found to be due:

" Writing " shall include print, or part writing and part print.

61" VICTORIZE No. 20.

Workmen's Lien.

1. Where the Workman has obtained a Judgment or Order.

Workman ebb/Ming 3. IF, in any proceeding in any court of competent jurisdiction,

judgment or order	a judgment or order is given or made for any sum found to be due
against contractor
may obtain certifi-	by the defendant for work and labour, and the character of the
cate of cause of debt.	work and the locality in which it was done appear from the evidence, the presiding judge or magistrate shall, upon the application of the
Employers and Em-
ployes Act. 1890	person to whom such sum is found to be clue, sign and deliver to him
(Victoria), Part II.,	a certificate of the cause of the debt, in the form in the First Schedule,
s. 28.	which, for the purposes of this Act, shall, unless the judgment or order
First Schedule.	is set aside, be conclusive ; but no such certificate shall be given if the work appears to have been done upon a movable chattel of such a kind that it would be practicable for a workman to have a lien thereon, by retaining the same in his actual possession.

If judgment, etc., be 4. IF the work done be work, or part of or incidental to work

for work for which	for the doing of which any moneys may be due or accruing due to
money is due to
contractor, work-	the defendant in such proceeding (hereinafter referred to as " the
man may serve notice	contractor ") under any express or implied contract with any third
on contractee
quiring payment.	person, the person to whom iu such proceeding the sum was found to be due (hereinafter referred to as " the workman ") may obtain

• s. 29. payment of the sum mentioned in the certificate out of such moneys

Second Schedule. by serving on such third person (hereinafter referred to as " the contractee") a notice, in the form in the Second Schedule, together with a copy of the certificate aforesaid.

Subject to priorities, 5. UPON such service all moneys due or to accrue due as

service of notice to	aforesaid from the contractee to the contractor under the contract, to
ment to workman of
operate as assign-	the amount of the debt specified in the certificate as due to the
money in contractec's	workman, shall be deemed to be effectually assigned by the contractor
bands.	to the workman, but subject to any prior assignment thereof made for valuable consideration or effected under this Act and binding

▪ s. 20.

upon the contractor and contractee at the time of service being

effected upon the contractee as aforesaid.

Obligation on part 6. AFTER such service and until a discharge for the workman's

of contractee to pay	said debt, in the form in the Third Schedule, shall have been produced
moneys so assigned.	to, and a copy thereof left with the contractor, he shall (subject to

• s. 31. the provision as to priorities herein contained) satisfy such debt out of the moneys assigned as aforesaid, by paying to the workman, upon his application, the said moneys as they become due and payable.

THE priority of assignments under this Act among one aforesaid on the contractee ; but all notices served within seven days of the first notice served in respect of the same contractor in

7.

Priorities among one

another of assign-	another shall be determined by the order of service of notice as
ments effected under
this Art.

f s. 32. any one year shall be deemed to be served at the same time for the purpose of securing the equal distribution of moneys due and

61° IT ICTORIIE, No. 20.

Ifrorkmen's Lien.

accruing due to the contractor amongst all workmen serving notice within such period of seven days ratably in proportion to the amount of their respective debts until payment of all in full, and, until such period of seven days has expired, no workman's debt shall be paid by the contractee out of such moneys.

8. IF the contractee shall fail to pa y as aforesaid, the workman If contrartee fail 1,1

may sue for and recover in his own name from the contractee the	!inn', workman may
moneys assigned under this Act as if the assignment effected by this	sue him.
Act were a legal assignment, and by any proceeding which the con-

tractor might have taken if there had been no assignment under this s. 33, sligh 3

Act, subject to any defence which would have been available against	altered.
the contractor, except a defence founded on the act of the contractor after service upon him of the summons in the proceeding in which the certificate was obtained.

9.

UPON satisfaction by any other means than as aforesaid of the whole or part of the debt mentioned in any certificate as clue to the	Assignment, how far
to determine on satis-
workman, or on the setting aside in the whole or in part of the judg-	faction.
ment or order in respect of which any such certificate has been given,
any assignment effected under this Act in respect of the debt shall in	Ihid, s. 34.
the whole or in part (as the case may be) cease to be operative, but without prejudice to any bona fide payment or other dealing by the contractee on the footing of such assignment prior to his receiving notice and sufficient evidence of such satisfaction or setting aside, and, so far as may be necessary to support any such payment or dealing, the assignment shall continue in force.

10.      THE workman, upon the request of the contractor or con- Workman on request

tractee paying to him the debt mentioned in the certificate, shall sign to sign discharge.

a discharge therefor in the form in the Third Schedule, which shall Penalty.

be free from stamp duty, and any workman refusing to sign a dis-	Third Schedule.
charge if tendered for signature at the time of payment shall forfeit

to the contractor or contractee making the payment a sum equal mid, s. 35.

to the amount of the payment, to be recovered before two Justices of

the Peace in petty sessions in a summary way.

2. Where the Workman has not obtained a. Judgment or Order.

WHENEVER, during the progress or at the conclusion of a contract to do work above the value of One hundred pounds, not	Contracteu, on mak-
ing a payment, to require from con-
relating to a movable chattel of such a kind as aforesaid, the	tractor a statement
contractee pays money to the contractor on account of the contract,	of wages duo, verified
the contractee shall require from the contractor, and the contractor	by declaration.
shall deliver to him according to the form in the Fourth Schedule,
a statement of the wages (if any) for which no judgment or order	Fourth schedule.
has been obtained against the contractor, which are due to every

11.

61° IT ICTORIX, No. 20.

Workmen's Lien.

workman for employment upon the work contracted for, or a statement that no such wages are due, and, in either case, a declaration verifying such statement according to the same Schedule ; and the contractor shall not be entitled to any payment from the contractee until such statement and declaration have been delivered.

Declaration in form 12. SUCH declaration subscribed by the contractor, and attested

in schedule to be

or purporting to be attested, shall have the like force and effect, and

equivalent to statu-

tory declaration be-

the party falsely making the same shall incur the like penalties as if

fore J.P.

such declaration were made before a Justice of the Peace, in

accordance with the statutes in that behalf.

SUBJECT to any prior assignment made bona fide and

Subject to certain 13.

priorities, contractee	for valuable consideration, or effected under this Act, and binding
is to appropriate
money due to con-	upon the contractor and contractee, the contractee, upon receiving
tractor hi payment of	the statement and declaration aforesaid, shall become liable to satisfy
wages due.	the wages appearing by the statement to be due, but shall be so liable to the extent only of any payments thereafter made by him to the contractor, and shall appropriate such payments so far as required to the satisfaction of such wages.
If any such payment shall be insufficient to satisfy such wages, the contractee shall satisfy them ratably in proportion, and so on, with successive payments.
Subject as aforesaid the wages appearing to be due by the statement delivered on the occasion of any payment by the contractee to the contractor shall, so far as they remain unsatisfied out of that payment, be payable out of every subsequent payment, and shall have priority over wages appearing by any statement of later date to be due.
All moneys paid by the contractee towards satisfaction of wages as aforesaid shall be deemed to be paid by the contractee to the contractor.

IF the contractee makes any payment under the contract to satisfaction, as required by this Act, of the wages appearing by a state- ment delivered as aforesaid to be due, any workman to whom wages so appear to be due may sue the contractee at law, and may recover from him such wages as remain due as if he were the contractor who had employed such workman, and whether the amount remaining due from the contractee to the contractor under the contract is or is not sufficient to satisfy such wages.

14.

If money is not so

appropriated work-	the contractor without appropriating such payment towards the
men may sue con-
tractee.

Contractee's liability 15. UPON satisfaction, wholly or in part, of the wages appearing

touease upon satis- by the statement aforesaid by any other means than a payment by

factionby any other the contractee, the liability of the contractee to the workmen

means.

610  VICTORLE, No. 20.

Workmen's Lien.

respectively named in such statement shall cease so far as such

satisfaction shall extend

UPON receiving payment in whole or in part of the wages appearing by any statement as aforesaid to be due to him, every receipt to

16.

workman shall sign a receipt, if then tendered him, acknowledging on account of wages ement byo thhee due.

such payment, and in default shall forfeit to the contractor or a ppearing	s
contractee making the payment, a sum equal to the amount then paid, to be recovered before two Justices of the Peace in petty sessions in a summary way.

8. General.

17.

NOTHING in this Act shall be construed to prejudice any other remedy that the workman may have against the contractor in other remedies.	Saving	of	workman's
respect of the debt, or, save as expressly provided, to affect any right

subsisting under any contract between the contractor and contractee. rbia, s. 36.

18. DOCUMENTS required by this Act shall be in writing, and Service of documents.

may be served,—

(1.) By being delivered personally to the person for whom

they are intended, and addressed to him :

(2.) By being left for such person addressed to him at his usual place of abode or business with some adult person there :

(3.) By registered letter, correctly addressed, to such person at (4.) Where the Government is the contractee, the notice may be served on the Director of Public Works, by being left addressed to him at his office in Perth, or by registered letter addressed to him there. his usual place of abode or business :

Service by registered letter shall prima facie be deemed to have been effected at the time when the letter would, in the ordinary course of post, be delivered.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

VICTORI1E, No. 20.

Workmen's Lien.

First Schedule.

Section 3.

IN PURSUANCE of the Workmen's Lien Act, 1897, 1 hereby certify that on the

day of the sum of .8 was in a proceeding before

me ascertained to be due and payable by to for

work done by him as * upon t

As witness my hand this day of

[Signature of Presiding Judge or Magistrate.]

• State generally in what capacity the person worked, as "shipwright,' etc. t Describe generally the thing upon or in respect of ∎vhich the person was employed.

Second Schedule.

Section 4.

To [insert name and addition of contracted

TAKE NOTICE that the work specified in the Certificate, a copy of which is served

herewith, having been done in performance of an agreement entered into with

you by [here insert name and addition of contractor], who has failed to pay me

for such work, you are hereby required under the Workmen's Lien Act, 1897, and subject as there provided concerning priorities, to pay me on demand the amount specified in the Certificate out of any moneys now due, or from time to time

becoming, and as they become, due from you to the said [here insert name of contractor] under the said agreement; and on your failing so to do you will be

liable to legal proceedings at my suit to obtain payment.

As witness my hand this day of

[Signature of Workman.]

Third Schedule.

Section 10.

I HEREBY acknowledge that the debt of .€ certified to be due to me from	[here insert name of contractor] by a Certificate issued under the Workmen's Lien
Act, 1897, and dated the day of , has been fully discharged.

As witness my hand this day of

[Signature of Workman.]

61° VICTOIIILE, No. 20.

WOrkliZen'S Lien.

Fourth Schedule. Section 11.

STATEMENT made pursuant to the Workmen's Lien Act, 1897, of the wages

due on the day of from me to workmen for work done

in performance of a contract entered into the	day of	between
me and [here insert name of contracted.

Name of Workman. Nature of Work. Time. Amount.

NOTE.—If no wares are due, write Xi/ in each column.

I hereby solemnly and sincerely declare that, to the best of my knowledge, information, and belief, the above Statement is true, and that no wages are due from me for work clone in performance of the said contract other than as appears by the above Statement.

Dated this day of

[Signature of Contractor.]

Signed by the said [here

insert contractor's name] in

the presence of me,

[Witness's Signature.]

By Authority : RxeminD PETTIER, Government Printer, Perth.