An Act to provide for the accommodation of rural workers; to repeal the Rural Workers Accommodation Act 1926 and the Rural Workers Accommodation (Amendment) Act 1951; and for purposes connected therewith.
1 Name of Act and commencement
(1) This Act may be cited as the Rural Workers Accommodation Act 1969.(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2 Repeal and savings
(1) The Rural Workers Accommodation Act 1926 and the Rural Workers Accommodation (Amendment) Act 1951 are hereby repealed.(2) All orders made under section 15 of the Rural Workers Accommodation Act 1926, as subsequently amended, and in force at the commencement of this Act shall be deemed to have been made under this Act.(3) References in any Act, by-law, regulation or any other instrument or document whatsoever of the same or different kind or nature to provisions of the Rural Workers Accommodation Act 1926, as subsequently amended, which are re-enacted, with or without modification, by this Act shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.
3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:accommodation includes buildings, structures, furnishings, equipment, facilities, and amenities.agricultural or pastoral occupation means work in or in connection with:(a) the sowing, raising, or harvesting of crops of grain, fodder, sugar cane, fruit, or any other crop or farm produce whether grown for food or not,(b) the management, rearing or grazing of horses, cattle, or sheep,(c) the shearing or crutching of sheep,(d) the scouring, sorting, or pressing of wool,(e) dairying, or(f) any other occupation carried on in connection with, or as ancillary to, an occupation mentioned in paragraph (a), (b), (c), (d) or (e) of this definition.approved means approved in writing by the General Manager, either generally or in the particular case.award means award or industrial agreement made or filed under any Act relating to industrial arbitration.Committee means Rural Workers Accommodation Advisory Committee constituted by this Act.General Manager means the General Manager of the WorkCover Authority.inspector means inspector under this Act.landholder, in relation to rural or other premises, means the owner thereof and includes:(a) a person entitled under a tenancy or otherwise to the immediate possession of the premises, andbut does not include a sharefarmer or a person so authorised by a sharefarmer.(b) any person specifically authorised by such owner or person to act on the owner’s behalf in the general management or control of the premises,Local Government Act means the Local Government Act 1993 and any regulations or other instruments made or issued under that Act.partition means a wall which separates one room from another.permanent worker means a rural worker not employed solely for or in connection with the performance of work of a temporary, seasonal, or periodic nature.prescribed means prescribed by this Act or the regulations.regulations means regulations made under this Act.room includes compartment.rural premises means farm, orchard, pastoral holding, or other agricultural or rural holding.rural worker or worker means person employed under a contract of employment or apprenticeship, in or on rural premises in an agricultural or pastoral occupation.temporary work does not include work that is seasonal or periodic.(2)(a) The regulations may by reference to any prescribed criteria define groups of workers for the purposes of this Act. In relation to any workers employed or accommodated in or on any premises who are not within a group as so defined, the word group shall be read and construed as follows:(i) Any workers provided with accommodation in the homestead or other residence of the landholder of the premises shall be deemed to constitute a group.(ii) Where the workers, other than any workers referred to in subparagraph (i), comprise permanent workers and other workers and the accommodation provided pursuant to this Act for the permanent workers is provided in buildings other than those in which accommodation is so provided for the other workers, the permanent workers shall be deemed to constitute a group and the other workers to constitute another group.(iii) All the workers, other than any workers referred to in subparagraphs (i) and (ii), shall be deemed to constitute a group.(b) For the purposes of this Act a group may consist of one or more than one worker.(c) In this subsection worker means worker for whom accommodation is required by paragraph (a) of subsection (2) of section 6 to be provided and not employed in temporary work.s 3: Am GG No 66 of 24.4.1980, p 2081; 1995 No 11, Sch 1; 1996 No 30, Sch 2; 1996 No 121, Sch 2.24 (2) (3).
4 Construction
This Act shall be read and construed as operating to the full extent of, but so as not to exceed, the legislative powers of the State, to the intent that where any provision of this Act, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, have been construed as being in excess of those powers, it shall be a valid provision to the extent to which it is not in excess of those powers, and the remainder of this Act and the application of the provision to other persons, subject-matters or circumstances shall not be affected.
4A Act to bind the Crown
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.s 4A: Ins 1983 No 20, Sch 7 (1).
5 Application of Act
Where provision with respect to any matter the subject of a requirement of or under the Schedule is also made by the Local Government Act, or an award, then:(a) if by this Act or the regulations it is expressly provided that the said requirement shall apply notwithstanding anything contained in the Local Government Act, or in the award, as the case may be, the said requirement shall be observed, but(b) if express provision as referred to in paragraph (a) is not made, compliance with the Local Government Act or the award, as the case may be, with respect to that matter shall be deemed to be compliance with this Act and the regulations with respect thereto.
6 Accommodation to be provided for rural workers
(1) Where a person is employed as a rural worker and accommodation as required by or under this Act is not provided for the worker, the person who under this Act is responsible for the provision of the accommodation shall be guilty of an offence against this Act.(2)(a) Where in accordance with the terms express or implied of the worker’s employment in or on rural premises a rural worker lives for a period exceeding twenty-four hours in or on those premises, or other premises, whether rural or not, of which the worker’s employer is a landholder, accommodation as prescribed by or under Part 1 of the Schedule shall be provided for the worker in or on the premises where the worker so lives: Provided that where the worker is:(i) a member of a group consisting of fewer than five workers, the accommodation provided for the worker in or on the premises may be as prescribed by or under Part 2 of the said Schedule,(ii) employed in temporary work, the accommodation provided for the worker in or on the premises may be as prescribed by the regulations for workers so employed.(b) Where accommodation is not required by paragraph (a) to be provided for a rural worker in or on the premises where the worker is employed, accommodation as prescribed by or under Part 3 of the Schedule shall, in addition to any accommodation required by this section to be provided for the worker in or on any other premises, be provided for the worker in or on the premises where the worker is employed.(2A) The accommodation required to be provided by subsection (2) is, except as prescribed by the regulations, accommodation that complies with the provisions of Part 1, 2 or 3, as the case may be, of the Schedule and the regulations at the time when:(a) in the case of accommodation that consists of a building or structure, it is erected, or(b) in the case of accommodation that consists of furnishings, equipment, facilities or amenities, it is first provided or installed.(3) The accommodation provided for a worker pursuant to this Act shall, subject to any contrary provision of an award applicable to the worker, be free of cost to the worker.(4) The sleeping, bathing, and closet accommodation required by or under this Act to be provided for female workers in buildings, structures, rooms or tents shall be provided in buildings, structures, rooms or tents not also used for the accommodation of male persons.(5) Despite subsection (4), separate closet accommodation for female workers need not be provided if no more than 5 persons are employed in or on the premises.s 6: Am 1977 No 66, Sch 1; 1990 No 46, Sch 1.
7 Person responsible for accommodation
(1) The person responsible for the provision of accommodation for a rural worker shall be:(a) except as provided in paragraph (b)—the landholder of the rural or other premises where the accommodation is required by this Act to be provided,(b) where the employer of the worker is a landholder of rural premises other than the premises where the worker is employed and the agricultural or pastoral occupation in which the worker is employed is being carried out for the purposes of, or as incidental to, a pastoral, agricultural, or other rural industry conducted in or on those other premises—the said employer.(2) The person responsible for the provision of accommodation for a rural worker shall also observe and comply with any requirements prescribed by the Schedule which may not be in the nature of accommodation.(3) Where a person who in order to comply with any prescribed requirements provides a building for the accommodation of rural workers in or on rural or other premises is:(a) the tenant under a tenancy of the premises, the person shall upon termination of the tenancy be entitled to a charge upon the land for such amount as at the termination of the tenancy represents the value of the building, provided that the tenant before commencing to erect the building gives notice to the landlord (which if a form of such notice is for the time being prescribed shall be in the prescribed form) of the person’s intention so to erect the building. Where the premises are a holding as defined in the Agricultural Holdings Act 1941, as subsequently amended, the provisions of that Act, as so amended, shall, subject to the giving of notice as aforesaid, apply in respect of the building,(b) the person entitled to the immediate possession of the premises for an estate determinable on the tenant’s death or upon the happening of some event, the person or the person’s personal representative shall, upon the determination of such estate, be entitled to a charge upon the land for the amount which then represents the value of the building.A person entitled as trustee, whether for an infant or for any persons in succession or otherwise, to the immediate possession of premises may for the purpose of providing a building in or on premises in accordance with any prescribed requirements pay or apply capital moneys of the trust or raise money by mortgage of property of the trust.
8 Buildings not to be erected without approval
(1) Subject to this section, no person shall commence or cause to be commenced the erection in or on rural premises of a building intended for the accommodation of rural workers unless the approval of the General Manager is first obtained.(2) An application for the approval of the General Manager shall:(a) be made by or on behalf of the person providing the accommodation, and if a form of application is for the time being prescribed, be in the prescribed form,(b) be accompanied by:(i) a general plan of the proposed building, drawn to scale, and showing the floor and elevation of the building and indicating the height, design, construction, and floor level,(ii) a block plan, drawn to scale, showing the relation of the building to, and its distance from all other structures within 45 metres of it,(iii) specifications of the building, describing the construction, the materials of which the building is to be built, the method of drainage, the method of sewerage or removal of night soil, and the water supply, and(iv) such other particulars, plans or drawings as may be prescribed, and(c) state the number of rural workers the building is designed to accommodate.(3)(a) The General Manager shall consider the application and the plans and specifications and any other information that accompany it and may approve, or approve subject to conditions, or disapprove thereof. The General Manager shall notify the applicant in writing of the General Manager’s decision and, if the General Manager has disapproved of the application or approved subject to conditions, of the reasons for disapproval or for the imposition of the conditions, as the case may be.(b) The General Manager, on the recommendation of the Committee, may approve an application notwithstanding that in the General Manager’s opinion the building when in use would not conform to the prescribed requirements as to structural design, provided that the building would in the General Manager’s opinion conform to the prescribed requirements as to matters other than structural design and the General Manager is satisfied that the building is structurally sound. In any such case the prescribed requirements as to structural design shall be deemed to have been satisfied.(4) Where any application under this section is approved subject to conditions, or disapproved, the applicant may if dissatisfied with such decision appeal in the manner prescribed to the Minister. The decision of the Minister shall be final.(5) If any person does or causes to be done any work in or on rural premises in the erection of a building intended for the accommodation of rural workers, without the approval required by this section or not in conformity with such approval, the person shall be guilty of an offence against this Act.(6) Nothing in subsection (1) shall apply to or in respect of any building intended only for the accommodation of workers who are members of a group consisting of fewer than five workers.s 8: Am 1975 No 72, Sch; 1996 No 30, Sch 2.
9 Certificates of compliance
(1) A person whose application under section 8 for approval of the erection of a building has been approved may on the completion of the building apply to the General Manager for a certificate of compliance in respect of the building.On receipt of such application the General Manager shall cause an inspection to be made of the building by an inspector and if satisfied, on the report of the inspector, that:(a) the building conforms to the said approval, orthe General Manager shall issue to the applicant a certificate of compliance stating that the General Manager is satisfied, on the inspector’s report, that the building if used for the accommodation of a number of rural workers not exceeding a number specified in the certificate conforms to the requirements of this Act and the regulations in respect of structural matters or, as the case may require, that it so conforms except in relation to matters compliance with which has been waived:(b) any departures from the terms of the approval are not such as should be required to be rectified,Provided that if any departure referred to in paragraph (b) is also a departure from the prescribed requirements as to structural design, the General Manager shall not except in a case referred to in paragraph (b) of subsection (3) of section 8 issue a certificate of compliance in respect of the building except on the recommendation of the Committee.(2)(a) A certificate of compliance issued under this section in respect of a building shall if no material alterations are subsequently made to the building, be for all purposes and on all occasions conclusive evidence that the building, if used for the accommodation of a number of rural workers not exceeding the number specified in the certificate, complies or is deemed to comply with the requirements of this Act and the regulations in respect of structural matters.(b) No regulation made after the issue of a certificate of compliance in respect of a building shall have the effect of requiring alterations to be made to the building in respect of structural matters while the building is not used for the accommodation of a greater number of rural workers than is specified in the certificate.(3) In this section structural matters means, in relation to buildings, their structural design, levels, and dimensions, and the materials of which they are built.s 9: Am 1996 No 30, Sch 2.
10 Cleanliness of accommodation
(1) Subject to subsection (2), every building, tent, structure, and room provided for the accommodation of rural workers pursuant to paragraph (a) of subsection (2) of section 6 shall, subject to any contrary provision of an award applicable to the workers, be kept clean by the persons occupying the same during their occupation thereof and whenever it is not being kept clean by the persons occupying the same, the person responsible under this Act for the provision of the accommodation may thereupon have the building, tent, structure or room restored to a clean state at the expense of the occupiers. Any such amount may be recovered as a debt in a court of competent jurisdiction.(2) Where a group of twenty or more rural workers is employed, the provisions of subsection (1) shall not apply and in such case the person responsible under this Act for the provision of accommodation for the workers shall provide a cleaner to perform the following duties, namely:(a) to sweep out the bedrooms every morning if this service is required by the workers occupying them,(b) to clean and keep in order the bathing accommodation,(c) to flush and disinfect gutters and drains,(d) to sweep up and dispose of rubbish in and about the accommodation,(e) to dispose of refuse in accordance with clause (29) of Part 1 of the Schedule, or, in the case of temporary workers, in accordance with the provisions of the regulations made in respect of such workers, and(f) to clean the closets and maintain a supply of disinfectant therein.(3)(a) An inspector may verbally or by notice in writing require a person responsible under this Act for the provision of, and who has provided accommodation in buildings, structures or tents for rural workers, or a person acting as agent for that person in the control and management of the accommodation, to cause rubbish to be removed or vermin eradicated from the buildings, structures or tents and the precincts thereof or from such parts of the buildings, structures or tents and the precincts thereof as the inspector may indicate.(b) Notwithstanding any other provisions of this section, the expense of complying with a notice under this subsection shall be borne by the person responsible for the provision of the accommodation.
11 Offences in relation to accommodation
Any person who:(a) wilfully destroys, wilfully removes, wilfully damages or wilfully renders ineffective any building, structure, tent, fixture or thing provided pursuant to this Act or the regulations as accommodation for rural workers, or any part of any such building, structure, tent, fixture or thing,(b) uses, for a purpose other than the storage of perishable foodstuffs or beverages intended for consumption by rural workers, any means of refrigeration provided pursuant to this Act or the regulations, orshall be guilty of an offence against this Act.(c) commits a nuisance within any building, structure or tent provided pursuant to this Act or the regulations for the accommodation of rural workers,s 11: Am 1989 No 132, Sch 1.
12 Exemptions
(1) The Minister, on the application of the person responsible under this Act for the provision of accommodation for rural workers in or on any premises, may, by order, exempt that person from compliance with all or specified provisions of this Act or the regulations on the ground that:(a) accommodation provided for the workers has been rendered unfit for habitation or use by reason of destruction or damage by fire, lightning, flood, earthquake, outbreak of disease or vandalism,(b) the workers for whom accommodation is required to be provided are accommodated in the homestead or other residence of the landholder of the premises,(c) the applicant being the landholder of the premises has not been the landholder for a sufficient time to enable the landholder to provide the accommodation,(d) the pastoral, agricultural or other rural industry in which the workers are employed is an infant industry or an impoverished industry, oror on any other ground which in the opinion of the Minister is sufficient.(e) the workers are employed solely in or in connection with the sowing, raising or harvesting of a crop the growing of which in or on the premises is an enterprise of a temporary or non-recurring nature,(2) An exemption shall be for a period specified in the order, and may be unconditional or subject to conditions so specified.(3) The Minister may by order:(a) extend the period of an exemption and may vary its terms or conditions in respect of the period of its extended operation,(b) where the Minister is of the opinion that the circumstances in which an exemption was granted have ceased to exist or that any conditions thereof have not been observed:(i) cancel the exemption, or(ii) during its currency vary the conditions thereof or impose new conditions.
13 Rural Workers Accommodation Advisory Committee
(1) There shall be constituted a Rural Workers Accommodation Advisory Committee which shall have and may exercise the powers, authorities, duties and functions conferred upon it by or under this section.(2)(a) The Committee shall consist of five members appointed by the Minister.(b) Of the members so appointed:(i) one member shall by the terms of the member’s appointment be designated as, and shall be the chairperson of the Committee,(ii) two members shall be representative of the persons responsible under this Act for the provision of accommodation for rural workers, and(iii) two members shall be representative of rural workers.(c) If the chairperson is unable to attend any meeting of the Committee, the Minister may appoint a person to attend and act for the chairperson at such meeting and for all purposes the person so appointed shall when so acting be deemed to be the chairperson of the Committee.(d) Subject to this section:(i) the persons who at the commencement of this Act held office as the chairperson and other members of the Rural Workers Accommodation Advisory Committee constituted by the Rural Workers Accommodation Act 1926–1965 shall remain in office as if this Act had been in force at the time they were appointed and they had been appointed hereunder, and shall hold office for a period of five years from the commencement of this Act and shall be eligible for re-appointment from time to time thereafter for further terms of five years, and(ii) the chairperson and each of the other members of the Committee shall hold office for a term of five years, and a member shall be eligible from time to time for re-appointment upon the expiration of the member’s term of office.(e) Members shall be entitled to receive such remuneration or fees for their services as may be fixed from time to time by the Governor.Each member shall be entitled to receive travelling expenses at such rate as the Governor may from time to time determine.(f) On the occurrence of a vacancy in the office of a member a person appointed to fill the vacant office shall, subject to this section, hold office for the remainder of the unexpired term of the vacant office.(g) In the case of illness or absence of a member, other than the chairperson, the Minister may appoint a deputy to act in the place of such member during the member’s illness or absence. Any deputy appointed under this paragraph whilst acting as such deputy shall have and may exercise all the powers, authorities, duties and functions of the member in whose place the deputy acts.(h) The Minister may remove from office or suspend any member.(3) The Committee shall have power to investigate and make recommendations to the Minister in respect of special measures necessary for the proper accommodation of rural workers and shall:(a) whenever so required by the Minister, review applications for exemption from provisions of this Act or of the regulations and make recommendations to the Minister in connection therewith,(b) whenever so required by the Minister or the General Manager, review applications for approvals or certificates of compliance under this Act or the regulations and make recommendations to the Minister or the General Manager, as the case may be, in connection therewith,(c) investigate, and furnish to the Minister a report and recommendation with respect to any matter or matters relative to the accommodation of rural workers which may be referred to the Committee by the Minister.
14 Inspectors
(1)(a) The Governor may appoint inspectors under this Act.(b) The persons who were appointed as inspectors under the Acts repealed by this Act and who held office as such at the commencement of this Act shall be deemed to have been appointed as inspectors under this Act.(c) The holders of an office may be appointed as inspectors by reference to the title of that office, and in such case each holder of the office shall while the holder holds it be deemed to be an inspector.(2) Every inspector shall be furnished by the General Manager with a certificate of the inspector’s appointment, and on applying for admission to any premises shall, if so required by a landholder of the premises or a servant or agent of such a landholder, produce the certificate to such landholder, servant or agent, as the case may be.(3) An inspector may at any reasonable hour:(a) enter, inspect and examine any land, building or place where the inspector has reasonable cause to believe that any rural worker is or may be employed or accommodated,(b) take with the inspector when entering, inspecting or examining as aforesaid any land, building or place, a health inspector, a building inspector, an inspector of nuisances, or a member of the police force,(c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, and of the regulations, are complied with.(4) Where on making an inspection and examination pursuant to this section an inspector is of the opinion that accommodation in or on the premises and used, or which in the opinion of the inspector is likely to be used, as accommodation for rural workers then employed or to be employed does not or would not conform to the prescribed requirements, the inspector shall serve:(a) on a landholder of the premises, anda notice stating specifically and by reference to the appropriate provisions of this Act or the regulations, in what respects the accommodation does not or would not, as the case may be, in the inspector’s opinion so conform.(b) where in the opinion of the inspector a person other than the landholder of the premises is or would be responsible under this Act for the provision of accommodation for the rural workers, then on that other person also,(5) Every person who:(a) refuses to give information in answer to any lawful inquiry by an inspector,(b) resists or obstructs an inspector in the course of the inspector’s duty, orshall be guilty of an offence against this Act.(c) fails to comply with the lawful requirements of an inspector under this Act,
15 Service of notices
A notice under this Act may be served:(a) personally, or(b) by leaving it for the person sought to be served, at the person’s usual or last known place of abode, in the custody of a person apparently over the age of sixteen years, or(c) by posting it by registered or certified post in an envelope addressed to the person, sought to be served, at the person’s usual or last known place of abode.
16 Penalty
Every person who is guilty of an offence against this Act shall be liable to a penalty not exceeding 5 penalty units.s 16: Am 1992 No 112, Sch 1.
17 Proceedings
(1) All proceedings for offences against this Act or the regulations shall be disposed of summarily before a Local Court constituted by a Magistrate sitting alone.(2) Where the defendant is a landholder of the premises to which the proceedings relate, 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 the purpose of bringing the premises into conformity with this Act and the regulations, and may, upon application, enlarge the time so named; and if after the expiration of the time originally named, or enlarged upon subsequent application, the order is not complied with, the person failing to comply with the order shall be liable to a penalty not exceeding 0.1 penalty unit for every day that such non-compliance continues.(3) Proceedings for an offence against this Act or the regulations may be taken and prosecuted by:(a) an inspector acting with authority of the Minister, or(b) the secretary of an industrial organisation within the meaning of the Industrial Relations Act 1996, as subsequently amended, whose members are engaged in the agricultural or pastoral occupation concerned.(4) In a prosecution for any such offence:(a) an authority to prosecute purporting to be signed by the Minister shall be prima facie evidence of such authority without proof of the Minister’s signature,(b) a certificate purporting to be signed by the Minister certifying to the appointment of an inspector shall be prima facie evidence of the facts stated therein without proof of the Minister’s signature.(5) Notwithstanding anything in any other Act, proceedings for an offence against this Act or the regulations may be instituted within the period of 2 years after the act or omission alleged to constitute the offence.s 17: Am 1983 No 20, Sch 7 (2); 1992 No 112, Sch 1; 1996 No 121, Sch 4.46; 1999 No 31, Sch 4.81 [1] [2].
18 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to:(a) prescribing forms of notices, applications, and certificates for the purposes of this Act, and the particulars to be set out therein,(b) prescribing such other forms as may be necessary or convenient for the purposes of this Act,(c) relating to the maintenance, the good order and control, and the proper safe and sanitary use of accommodation provided pursuant to this Act,(d) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act,(e) imposing a penalty not exceeding 2 penalty units for a breach of the regulations.(2)(a) Regulations may:(i) be general in their application or may be limited to particular areas, classes of workers or classes of premises, or to particular agricultural or pastoral occupations or groupings thereof,(ii) make different provisions to meet different circumstances.(b) Regulations prescribing any matter required or permitted by the Schedule to be prescribed may either directly prescribe that matter or require compliance in the alternative with requirements approved or directly prescribed.(3), (4) (Repealed)s 18: Am 1987 No 48, Sch 32; 1992 No 112, Sch 1.
The Schedule
Part 1 Accommodation (general)
Division 1 General
(1) Definitions
In this Part of the Schedule, unless the contrary intention appears:Prescribed means prescribed by the regulations.This Part means this Part of this Schedule.Distances, other than walking distances, referred to in this Part are to be measured in a straight line in a horizontal plane.
(2) Buildings to be provided
Accommodation shall be provided in buildings conforming to this Part.
(3) Site
The following provisions apply:(i) Every building shall be located on a site free from dampness, whether arising from lack of drainage, from seepage, or otherwise.(ii) Every building used as sleeping quarters or for dining or cooking or as a storeroom shall be located not less than 45 metres from any shearing shed, stable, pig sty, fowl pen, cow bails, stockyard, sheep dips, dog kennel, boiling down or digester plant, woolscour or killing site.(iii) Every building used for the accommodation of any shearer as sleeping quarters or for dining or cooking or used as a store room for shearers shall be located within a walking distance of not more than 185 metres from the shearing shed. In this subclause, shearer means a rural worker, not being a permanent worker, who is employed in or about a shearing shed in the shearing or crutching of sheep or in work connected therewith.
(4) Construction and maintenance
Every building and every room, fixture or fitting attached to or appurtenant to a building shall be constructed in a good and workmanlike manner and shall be maintained in good order and condition.The fact that a building in respect of the manner of its construction complies in any particular matter with the provisions of the Local Government Act which relate to the construction of the building shall be prima facie evidence that the building is, in respect of that matter, constructed in a good and workmanlike manner.
(5) External walls
The external walls of every building shall be of brick, stone, concrete, aluminium, corrugated galvanised iron, sawn or dressed timber, fibro cement or other prescribed or approved material.
(6) Damp-proofing
The following provisions apply:(i) Except as provided in subclause (ii), where a building has a concrete floor which is laid on the ground or on filling material, a damp-proof course, membrane or other approved means of damp-proofing shall be provided to prevent moisture from the ground reaching the inner surface of the floor and the walls that rest on that inner surface.(ii) The General Manager may grant an exemption from subclause (i) where the General Manager is satisfied that, having regard to the location of the building or the construction of the floor of that building, the provision of damp-proofing is unnecessary.(iii) Where a building has external walls of brick, stone or concrete, a damp-proof course shall be provided in each wall.(iv) Where a building has external walls of a material other than brick, stone or concrete, the General Manager may require a damp-proof course to be provided in each wall as a condition of an approval granted under section 8.
(6A) Termite-proofing
A building of timber frame construction, other than a building the floor of which is of concrete, shall rest upon brick, stone or concrete walls or piers or upon wooden piers with galvanised iron or zinc plates or plates of aluminium not less than 0.40 millimetre in thickness, bitumen-coated on each face, on top of the walls or piers.
(7) Internal walls
Notwithstanding anything contained in the Local Government Act, the internal walls of every building shall be vertical, and except where this Part otherwise prescribes, shall not be less than 2.4 metres in height measured from the surface of the floor to the top of the wall plate: Provided that in respect of any room the height of which is less than 2.7 metres, the General Manager may by notice served on a person required to provide the accommodation require the ceiling to be insulated throughout with 50 millimetres of slag wool or equivalent insulation, to the specifications of the General Manager, if the General Manager is of opinion that such insulation is necessary by reason of climatic conditions prevailing in the locality, or the design, materials or pitch of the roof, or inadequate ventilation of the roof space or inadequate width of eaves. Where such a notice is not complied with within the time for compliance specified therein the building shall be deemed not to conform to this Part.
(8) Floors
The floor of a room shall be constructed of raft or slab type concrete of not less than 100 millimetres in thickness or, except in the case of a bathroom, washing room, meat house or closet, of sawn, well seasoned flooring boards, so fitted as to be free from cracks, or of any other prescribed or approved material.Where the floor of a room is constructed of concrete, the General Manager may require as a condition of an approval under section 8, that the floor be covered with hardboard, asphalt tiles, vinyl tiles or other prescribed or approved material.Where the floor of any room is constructed of flooring boards and is not free from cracks or defects, an inspector may by notice in writing served on a person required to provide the accommodation require that such floor or any part thereof specified in the notice be covered with one of the following materials (the choice among such materials being with the person served with the notice):(i) bituminous felt affixed securely by an adhesive so as to provide an even surface,(ii) hardboard, asphalt tiles or vinyl tiles, or(iii) other prescribed or approved material.
(9) Lining and partitions
The following provisions apply:(i) Every building, other than a building of brick, stone or concrete, which is used for sleeping, dining or cooking, every building, other than a meat house, used for the storage of food, and every room in which a fireplace has been provided pursuant to an approval under clause (16) (ii) of this Part shall be lined on the inner surface of the outside walls with tongued and grooved timber, fibrous sheeting, plaster board, hardboard, or other prescribed or approved material not being iron or steel.(ii) Partitions shall be of tongued and grooved timber, fibrous sheeting, plaster board, hardboard, or other prescribed or approved material not being iron or steel.
(10) Ceiling
Every building used for sleeping, dining, cooking, or the storage of food, and every room in which a fireplace has been provided pursuant to an approval under clause 16 of this Part, shall be ceiled with tongued and grooved timber, fibrous sheeting, plaster board, hardboard, or other prescribed or approved material not being iron or steel.This clause shall apply to bathrooms and clothes washing rooms erected on or after 30 June 1978.
(11) Doors
Every door of every building shall be not less than 1.95 metres high and not less than 720 millimetres wide and shall when rural workers are in occupation be provided with a lock and key. Every dining room shall have not fewer than two doors. No bedroom shall have a metal door.
(12) Windows
The following provisions apply:(i) Every room, other than a meat house, of every building shall have at least one vertical glazed or louvre-type window opening directly to the open air.(ii) The effective glass area of the window or (where there is more than one window) of the windows of any room shall not be less than one tenth of the floor area of that room: Provided that the window or windows of any kitchen shall have an effective glass area of not less than 0.9 square metre. In this subclause effective means effective for the transmission of light.(iii) Every window of a room shall be so designed as to be capable of permitting unobstructed ventilation by means of:(a) the opening of the glass area of the window, orto an extent in area of not less than one half of the minimum effective glass area required by subclause (ii).(b) adjustable louvres, or some other adjustable ventilating device, contiguous to the glass area of the window,
(13) Ventilation
The following provisions apply:(i) Every room of a building shall be so constructed that for every 30 cubic metres or part thereof of air space in the room, there shall be at least 150 square centimetres of uninterrupted ventilation by means of air bricks situated at or near the level of the ceiling, double-catch louvre windows capable of being opened separately at the top and bottom or by such other means as may be prescribed or approved.(ii) Every building shall be so erected that there is, between the underside of every joist upon which the floor is laid and the ground surface, a space of 300 millimetres at least clear, except for bearers, in every part; and such space shall be thoroughly ventilated and cross-ventilated by means of suitable and sufficient air bricks or some other effectual method which will not permit the harbouring of rats. Ground surface means, where the ground is covered with asphalt, concrete or other material, the upper surface of the material.
(14) Flyproofing
Every kitchen, dining room, meat house and store room shall be completely flyproof. To this end, every outside doorway shall be fitted with a light, close-fitting, self-closing flyproof frame. It shall be covered from the top to within 1 metre from the floor with wire gauze with a maximum mesh of 1.5 millimetres; any part of the frame not so covered shall be covered with some other flyproof material.
(15) Approach
Every building shall be provided with convenient means of access and entrance, which shall be safe and maintained in good order and condition. Where steps are provided to give access to any doorway, they shall be of width equal to that of the door opening and the treads shall be not less than 225 millimetres wide and the rise of each step not more than 175 millimetres.
(16) Heating
The following provisions apply:(i) Subject to subclause (ii), every dining room shall have:(a) a fireplace so constructed as to draw off smoke effectively through a chimney, and having an opening at least 1.225 metres wide, or(b) other prescribed or approved means of heating.(ii) Subclause (i) shall not apply if:(a) a fireplace conforming to that subclause or other prescribed or approved means of heating is available and conveniently accessible to the workers in a room other than the dining room, and(b) the provision of means of heating in such other room rather than in the dining room is approved.
(17) Lighting
The following provisions apply:(i) Every sleeping compartment, dining room and kitchen shall have good and efficient lighting, provided by such means as are prescribed, and sufficient to illuminate clearly the entire interior of the room.(ii) All lighting equipment shall be maintained in good order and condition.
Division 2 Accommodation for sleeping
(18) Use, location, construction and design
The following provisions apply:(i) Sleeping accommodation shall not be provided for more than two persons in any room.(ii) Upper bunks shall not be provided for sleeping.(iii) No room provided for sleeping accommodation shall be used for cooking or the serving of meals or the storing of food.(iv) No room provided for sleeping accommodation, other than a room occupied by a cook or a cook’s assistant, shall adjoin a room used for the cooking of meals.(v) Sleeping accommodation for cooks and their assistants shall not adjoin sleeping quarters of other rural workers. Where a partition between sleeping accommodation for a cook and any adjoining room is of timber construction, it shall be effectively soundproofed with slag wool or other prescribed or approved material.(vi) Where a building used for sleeping quarters is divided into compartments, the partitions shall be built from the floor to the ceiling and shall be made of wood, fibrous sheeting, plaster board, hardboard or such other material not being iron, as may be prescribed or approved.(vii) Notwithstanding anything contained in the Local Government Act, the floor area of a bedroom to accommodate two rural workers shall be not less than 11 square metres and the floor area of a bedroom to accommodate one rural worker shall be not less than 5.5 square metres.(viii) Each sleeping compartment shall have a close-fitting wooden door fitted with a lock which shall be maintained in proper working condition. Each worker accommodated in the compartment shall be provided with a key which the worker shall surrender at the termination of the worker’s employment.
(19) Beds
Each rural worker shall be provided with a movable bed and with a pillow, a mattress, and such other bedding as is prescribed, and such bed, pillow, mattress and bedding shall conform to prescribed requirements.
(20) Furnishings
Each sleeping compartment shall be furnished and equipped as prescribed.
Division 3 Accommodation for meals
(21) Dining Room
The following provisions apply:(i) Accommodation for meals shall be provided in a room contiguous to but other than the kitchen.(ii) A partition of wood, fibrous sheeting or other prescribed or approved material shall be built from the floor to the ceiling between the dining room and kitchen. Such partition shall have a door and may have a servery window the opening of which shall not exceed 1.225 metres in width and 925 millimetres in height. Such window shall be equipped with a close-fitting shutter which shall be kept closed at all times except during periods occupied in serving meals.(iii) Access to the dining room otherwise than through the kitchen shall be provided by at least one door(iv) No dining room shall be used as a sleeping compartment.
(22) Dining tables
Dining tables shall be provided and shall conform to prescribed requirements.
(23) Seating
There shall in each dining room be sufficient seating accommodation, conforming to prescribed requirements, for the rural workers.
(24) Utensils
Each rural worker shall be provided with eating utensils as prescribed.
Division 4 Accommodation for cooking and storage of food
(25) Accommodation to be provided
The following provisions apply:(i) Accommodation shall be provided for the cooking of meals.(ii) No room provided for the cooking of meals shall be used as a sleeping compartment.(iii) Each room so provided shall be furnished and equipped as prescribed, and provision as prescribed shall be made for the disposal of the sullage water.
(26) Refrigeration
The following provisions apply:(i) Refrigeration is to be provided for the use of rural workers for storing perishable foodstuffs and beverages intended for consumption by the rural workers.(ii) Regulations under this clause may:(a) prescribe means of refrigeration and standards and specifications of appliances and devices for refrigeration, and(b) regulate the control, management and use of such appliances and devices.
(27) Meat house
Where more that ten rural workers including the cook or cooks are employed in the group of workers for whom accommodation is provided, a meat house shall be erected at a distance not more than 13 metres from the kitchen.The meat house shall have:(a)(i) if twenty or more workers, including the cook or cooks, are employed in the group—internal measurements of not less that 3 metres in horizontal dimensions and not less than 2.7 metres in height, measured from the floor to the top of the framework,(ii) in every other case—internal measurements of not less than 2.1 metres in horizontal dimensions and 2.1 metres in height, measured as aforesaid,(b) a concrete floor the surface of which shall be not less than 100 millimetres above the level of the surrounding ground,(c) a framework of dressed timber, iron or steel,(d) walls of tongued and grooved timber, hardboard, fibrous sheeting, galvanised iron, flat iron or other prescribed or approved material, extending 925 millimetres from the floor level, and so fitted as to be completely flyproof. The space between the tops of such walls and the ceiling shall be effectively fitted with flyproof wire gauze,(e) a roof of galvanised iron or other waterproof material placed so as to provide a space of not less than 300 millimetres between the centre of the roof and the ceiling, and the eaves shall be extended not less than 450 millimetres beyond the vertical line of the structure,(f) a close-fitting flyproof door not less than 1.95 metres high nor less than 720 millimetres wide and fitted with a lock and key.Within the meat house there shall be meat hooks and a rail for hanging meat, a meat cutting block with an even surface, and a bench extending from one wall to the opposite wall.
(28) Store room
Sufficient space shall be provided for the purpose of storing all provisions other than fresh meat and cooked foods. Such space may be in the kitchen. If such space is provided in a store room separate from the kitchen, such store room shall contain strongly built timber shelving sufficient to enable provisions and stores to be placed thereon. A store room shall be provided with lock and key.
(29) Refuse
The following provisions apply:(i) There shall be provided sufficient water-tight metal or plastic receptacles with close fitting lids to hold all refuse from the dining room and kitchen and the person required to provide the accommodation shall cause such receptacles to be emptied and thoroughly cleaned at least once every twenty-four hours.(ii) All such refuse, whether liquid or solid, shall be removed to a distance at least 200 metres from any building and at least once every twenty-four hours be destroyed by burning or by burying at least 1 metre below the surface of the ground. Refuse shall not be deemed to be buried unless it is effectively covered by soil.
Division 5 Accommodation for bathing and washing, and water supply
(30) Accommodation to be provided
Accommodation shall be provided for bathing and for the washing of clothes within the building in which the sleeping accommodation is provided or within a distance of not more than 15 metres from that building.
(31) Bathroom
Notwithstanding anything contained in the Local Government Act, a bathroom shall be erected to the following specifications:(i) It shall be of galvanised iron, timber or other prescribed or approved material.(ii) Where the bathroom is erected before 30 June 1978, the top of the wall plate shall be at least 2.55 metres above the highest level of the surface of the floor. The walls shall extend to 150 millimetres below the top of the wall plate. Where the bathroom is erected on or after 30 June 1978, it shall be constructed so as to provide ventilation in accordance with clause (13) (i).(iii) There shall be at least one window and the window space provided shall have an effective glass area of not less than 0.9 square metre.(iv) There shall be a door conforming to the specifications contained in clause (11) of this Part, provided that there shall be no lock and key.(v) The floor surface shall be of impervious material graded to an outlet in such a way that water does not flow from one shower cubicle to another. For the purpose of this subclause, impervious material means dense concrete not less than 50 millimetres thick, rendered with not less than 12 millimetres of cement mortar; asphaltum not less than 19 millimetres thick trowelled smooth; or other prescribed or approved material impervious to water.
(32) Showers and furnishings
Each bathroom shall contain showers and other furnishings and equipment as prescribed.
(33) Washing room
The following provisions apply:(i) Notwithstanding anything contained in the Local Government Act, a room for the washing of clothes shall be erected to the following specifications:(a) It shall be of galvanised iron, timber or other prescribed or approved material.(b) Where the room is erected before 30 June 1978, the top of the wall plate shall be at least 2.55 metres above the highest level of the surface of the floor. The walls shall extend to 150 millimetres below the top of the wall plate. Where the room is erected on or after 30 June 1978, it shall be constructed so as to provide ventilation in accordance with clause (13) (i).(c) The floor shall be of impervious material within the meaning of clause 31 (v) of this Part, graded to an outlet.(ii) Each such washing room shall be furnished and equipped as prescribed.
(34) Water for washing and bathing
A sufficient supply of water shall be provided for use in bathrooms and washing rooms. Where the water is obtained from rivers, creeks or earth dams, such means as may be prescribed or approved shall be adopted to ensure that the water is free of discolouring matter.
(35) Hot water
Hot water shall be provided in the bathroom by a prescribed or approved method.
(36) Rain water
The following provisions apply:(i) Every building, other than a meat house, provided pursuant to this Part, shall be fitted with guttering and down-piping.(ii) Except where sufficient water from a public water supply is laid on, water tanks shall be provided for the storage of rain water and shall be so constructed and covered as to prevent water from being polluted or contaminated. Down-piping shall discharge the water into the tanks through a fine strainer fitted to the tops of the tanks so as to prevent the entry of foreign matter. The strainer shall be removable so that it can be cleaned.(iii) At least one tank shall be fitted with a tap.
Division 6 Closet accommodation
(37) Closets
The following provisions apply:(i) Subject to subclause (ii), closet accommodation conforming to this clause, including means of disposing of night soil, shall be provided:(a) at a walking distance not greater than 55 metres from every room used for sleeping, dining or cooking, andand shall be connected to a sewerage system or be on the cesspit, pan, septic tank, or other prescribed or approved system.(b) at every shearing shed and every other prescribed building wherein workers are employed, at a walking distance not greater than 25 metres from the shed or building,Subject as aforesaid, no closet accommodation on the cesspit or pan system shall be within 25 metres from any such room or within 20 metres from any shearing shed or other building wherein workers are employed.(ii) Where the General Manager is satisfied that observance of the distances prescribed by subclause (i) is not practicable the General Manager may approve of the provision of the closet accommodation at distances other than those so prescribed.(iii) The accommodation required by this clause to be provided at a shearing shed or other building shall be in the proportion of one closet seat to each twenty or fraction of twenty workers employed at the shed or building. The other accommodation hereby prescribed shall be in the proportion of at least one closet seat to each ten or fraction of ten workers in the group of workers for whom the accommodation is provided.(iv) Closets shall conform to the following specifications:(a) Each closet seat shall be in a separate compartment.(b) The walls shall be of weatherproof material and at least 2.1 metres high measured internally from the upper surface of the floor to the springing of the roof.(c) Each closet or compartment of a closet shall, by internal measurements, be at least 1.05 metres wide and 1.35 metres long and shall have a door capable of being fastened on the inside.(d) One at least of the walls shall be external.(e) There shall be provided:(i) in an external wall, a window capable of being opened directly to the outer air, of dimensions not less than 600 millimetres by 300 millimetres exclusive of the frame, or(ii) such other means of ventilation and lighting as may be prescribed or approved.(f) In a building containing more than one closet seat, the seats shall be divided from each other into separate closets by partitions of wood, galvanised corrugated iron, fibrous sheeting or other prescribed or approved material. Each partition shall extend from a point not more than 325 millimetres from the floor to a height of not less than 1.75 metres above the floor.(g) Each closet shall have a door conforming to the requirements prescribed for partitions by paragraph (f).(h) The floor shall be of impervious material within the meaning of clause 31 (v) of this Part and shall in every part be not less than 150 millimetres above the ground adjoining the building and shall have a fall or inclination towards the door of at least 5 millimetres in each 300 millimetres. The floor of a closet on the cesspit system shall be so laid as to cover the whole area of the cesspit, and a metal cylinder not less than 350 millimetres in diameter shall be so fitted through the floor as to extend not less than 300 millimetres into the cesspit from the floor level and to rise not less than 450 millimetres above the floor level. A suitable seat of dressed timber or of other prescribed or approved material shall be fixed to the top of such cylinder, together with a hinged, self-closing lid which shall be kept closed at all times when the closet is not in use.(i) The roof shall be of weather-proof material.(j) The structure shall be so constructed as to prevent access of flies to the cesspit or pan.(k) The internal walls of every closet shall be treated with an effective disinfectant, or hot lime washed, at least once every year or at such other times as an inspector may in writing direct.(l) An adequate supply of deodorising material, such as lime or sanitary powder, blue oil, kerosene or phenol, together with a suitable receptacle for such material, shall be provided and kept in the closet structure at all times.
(38) Cesspits
No cesspit shall be constructed or maintained where it can possibly pollute any water used or likely to be used for drinking, domestic or dairy purposes or where the level of the ground water would be below the bottom of the cesspit.Each cesspit shall be deep and so excavated and constructed that light and flies are excluded. The pit shall extend under the floor of the closet at least 225 millimetres beyond the front riser of the seat. A bank of earth shall be made and constantly maintained around the closet to prevent the access of surface water to the cesspit.A cesspit shall not be used when the nightsoil in it reaches to within 450 millimetres of the natural surface of the adjoining ground. If such cesspit is not then emptied the contents must be covered with not less than 50 kilograms of lime followed by clean earth, to the height of 300 millimetres above the surface of the adjoining ground.A person responsible under this Act for the provision of the accommodation or a person acting as agent for that person in the control and management of the accommodation shall, if so directed verbally or by notice in writing by the General Manager or by an inspector, fill up the cesspit.
(39) Pans
Every pan closet shall be provided with a closet pan or closet pans as prescribed.The person responsible under this Act for the provision of the accommodation shall cause the pans to be emptied as often as necessary and at least once a week.
(40) Septic tanks
Any closet erected in connection with a septic tank shall be constructed and located in a manner and in a place approved in writing by the appropriate local authority under the Public Health Act 1991 and shall be maintained and used in accordance with the terms of such approval. Neither such closet nor such tank shall be permitted to become a nuisance or danger to health.
Division 7 Miscellaneous
(41) Drainage
Proper and sufficient drainage shall be provided to carry away all surface, rain or waste water from the buildings in which accommodation is provided. Drains and drainage pipes (other than sewer pipes) for this purpose shall discharge at a reasonable distance from any building and shall not be laid beneath a building unless it is impracticable that they be otherwise laid.
(42) Disinfectant
A sufficient quantity of approved disinfectant shall be provided and applied to all closets, drains and receptacles as frequently as is necessary to eliminate offensive odours and repel flies.
(43) Slaughtering sites
Where sheep are slaughtered on the premises for meat for the use of rural workers the following provisions shall apply:(a) The killing site shall be situated not less than 45 metres from any building.(b) A concrete platform not less than 1.5 metres long by 1 metre wide and rising 150 millimetres above ground level shall be provided and the sheep shall be killed upon such concrete platform, which shall be washed clean after each killing.(c) The concrete platform shall be so graded that water will quickly run off its surface.(d) An earth drain not less than 10 metres in length shall be constructed to carry the water away from the concrete platform.(e) Suitable means shall be provided for the hanging of the carcase above the concrete platform during the process of skinning and dressing of such carcase and a flyproof bag of duck or strong calico shall be provided to cover the carcase completely after it is dressed.(f) The skins removed from slaughtered sheep shall be hung or stored at a distance not less than 45 metres from any building.(g) The waste and offal from the slaughtered sheep shall be removed from the killing site immediately after each killing and shall be burned or otherwise disposed of.
Part 2 Accommodation for small groups
(1) Application of certain provisions of Part 1
The provisions of Part 1 of this Schedule, other than clause (16), subclauses (iii), (iv) and (v) of clause (18) and clauses (21), (22), (23), (26), (27), (28), (31), (32), (33), (34), (35) and (36) of that Part, shall be observed.
(2) Bathroom or shower-room
Notwithstanding anything contained in the Local Government Act, a bathroom or shower-room shall be erected to the following specifications:(i) It shall be provided inside the building in which the sleeping accommodation is provided in a room separate from other habitable rooms or within a distance of not more than 3 metres from that building.(ii) It shall be of galvanised iron, timber or other prescribed or approved material.(iii) The height from the floor to the ceiling shall be not less than 2 400 millimetres.(iv) The effective glass area of the window or (where there is more than one window) of the windows shall be not less than one-tenth of the floor area of that bathroom or shower-room or not less than 0.3 square metre, whichever is the greater. In this subclause, effective means effective for the transmission of light.(v) There shall be a door not less than 1 950 millimetres in height and not less than 720 millimetres in width.(vi) The floor surface shall be of a material impervious to moisture properly graded and drained.(vii) The junctions of the floors with the walls shall be so treated as to prevent penetration of moisture into the walls.(viii) A bathroom shall be not less than 1 500 millimetres in width.(ix) The floor area of a bathroom, whether or not a wash-hand basin is provided in that bathroom, shall be not less than 2.2 square metres but, where the bathroom is provided with a bath and a shower that is not above the bath, the floor area shall be not less than 2.8 square metres.(x) A shower-room shall be not less than 900 millimetres in width.(xi) the floor area of a shower-room, whether or not a wash-hand basin is provided in that shower-room, shall be not less than 1.1 square metres.
(3) Baths and showers
A bathroom shall contain at least one bath. A shower-room shall contain at least one shower but no bath.
(4) Hot water
There shall be an adequate means of heating the water for use in a bathroom or shower-room.
(5) Washing room
The following provisions apply:(i) Notwithstanding anything contained in the Local Government Act, a room for the washing of clothes shall be erected to the following specifications:(a) It shall be provided inside the building in which the sleeping accommodation is provided in a room separate from other habitable rooms or within a distance of not more than 3 metres from that building.(b) It shall be of galvanised iron, timber or other prescribed or approved material.(c) The height from the floor to the ceiling shall be not less than 2 400 millimetres.(d) The effective glass area of the window or (where there is more than one window) of the windows shall be not less than one-tenth of the floor area of that washing room or not less than 0.3 square metre, whichever is the greater. In this subclause, effective means effective for the transmission of light.(e) There shall be a door not less than 1 950 millimetres in height and not less than 720 millimetres in width.(f) The floor surface shall be of a material impervious to moisture properly graded and drained.(g) It shall be not less than 1 800 millimetres in width.(h) Except as provided in paragraph (i), the floor area of a washing room shall be not less than 4 square metres.(i) In respect of accommodation occupied by not more than one worker, a bathroom or shower-room may be used also as a washing room if the minimum floor area of that bathroom or shower-room is increased by the addition of a floor area of 1.1 square metres where:(a) that bathroom or shower-room contains one laundry tub and one copper, or(b) that bathroom or shower-room contains one laundry tub and one washing machine.(ii) A washing room shall contain at least one laundry tub, one hand basin and a copper, a washing machine or other approved means of washing clothes in hot water.
(6) Drying of clothes
A clothes line of galvanised wire or other approved means of drying clothes shall be provided adjacent to a washing room.
(7) Restriction on provision of bathing and washing facilities
A shower, bath or facility for the washing of clothes shall not be installed in a kitchen or any room used for the preparation or consumption of food.
(8) Miscellaneous
There shall be provided:(i) a sufficient supply of drinking water,(ii) a sufficient supply of water, reticulated to the tap or taps within the bathroom, shower-room and washing room, for bathing and washing,(iii) not less than 220 litres of refrigeration for storing perishable foodstuffs and beverages, and(iv) such other accommodation as is prescribed.
Part 3 Accommodation for non-resident workers
(1)
There shall be provided the following facilities:
(a) a sufficient supply of wholesome drinking water,
(b) closet accommodation and means of disposing of night soil,
(c) facilities under cover to enable workers to prepare and partake of refreshments during work breaks, and
(d) facilities for washing and bathing, conforming to this Part of this Schedule.
(1A)
There shall also be provided such accommodation as may be prescribed.
(2)
The closet accommodation:
(a) shall be connected to a sewerage system or be on the cesspit, pan or septic tank system or other system prescribed or approved,
(b) shall provide, in separate compartments, at least one closet seat for every twenty or fraction of twenty workers employed, and
(c) shall conform to subclause (iv) of clause (37) and clause (38) of Part 1 of this Schedule,
(d) shall, where the workers are employed in a shearing shed or other prescribed building be provided at a walking distance not greater than 30 metres from the shed or other building,
(e) if on the cesspit or pan system, shall not be within 20 metres from any shearing shed or other building wherein workers are employed or from any other facilities provided for them pursuant to this Act:
Provided that where the General Manager is satisfied that observance of the distances prescribed by paragraph (d) or (e) is not reasonably practicable the General Manager may approve of the provision of the closet accommodation at distances other than those so prescribed.
(3)
The facilities referred to in paragraph (c) of clause (1) of this Part of this Schedule shall be provided in an area under cover comprising at least 1.3 square metres for each of the workers who use the facilities at any one time, and shall include sufficient table and seating accommodation for all such workers.
(4)
The facilities for washing and bathing shall consist of at least one wash basin and shower for each seven or fraction of seven workers, together with a sufficient supply of water.
(5)
The General Manager may by notice in writing served on the person responsible for the provision of the accommodation require that the facilities referred to in paragraph (c) or (d) of clause (1) of this Part of this Schedule shall conform to such description and be so located as, subject to clauses (3) and (4) hereof, the General Manager may consider to be reasonable and to meet the circumstances of the particular case, and may vary or rescind any such notice, and on the expiration of the time for compliance specified in the notice or any variation thereof and where the notice has not been rescinded, the facilities shall conform to the requirements thereof.
(6)
Without limiting clause (1A), the Governor may make regulations for the purpose of that clause prescribing standards or requirements for accommodation, including particular standards or requirements with respect to any matter referred to in any provision of this Part of this Schedule that does not, in the opinion of the Governor, make sufficiently particular provision with respect to that matter.
Sch: Am 1975 No 72, Sch; 1977 No 66, Schs 2–4; 1989 No 132, Sch 1; 1990 No 123, Sch 2 (am 1991 No 94, Sch 2); 1996 No 30, Sch 2; 1999 No 31, Sch 5.94 [1]–[17].