Young v Tockassie

The parties in this matter were Young, the appellant, and Tockassie, the respondent. The dispute concerned the validity of a regulation made under the *Pacific Island Labourers Act 1880* (Qld) and the *Pacific Island Labourers Act Amendment Act 1884* (Qld). The case was heard by the High Court of Australia.

The central legal issue before the Court was whether a regulation that permitted employers to deduct wages from Pacific Island labourers during periods of sickness was valid. Specifically, the Court had to determine if this regulation was *ultra vires* the powers conferred by the relevant legislation, particularly in light of any potential inconsistency with the Acts themselves.

The Court reasoned that the legislation did not expressly grant the power to make regulations allowing for such deductions. While the Acts provided for the regulation of contracts and the welfare of labourers, the power to deduct wages during sickness was not an incidental or necessary power for the effective operation of the legislation. The Court found that the regulation went beyond the scope of the statutory authority and was therefore invalid.

Consequently, the Court allowed the appeal, holding that the regulation permitting wage deductions during sickness was *ultra vires* and of no force or effect.