An Act to amend the Rural Workers Accommodation Act 1969 to make further provision for the accommodation of certain rural workers; to amend the Occupational Health and Safety Act 2000; and for other purposes.
1 Name of Act
This Act is the Rural Workers Accommodation Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Rural Workers Accommodation Act 1969 No 34
The Rural Workers Accommodation Act 1969 is amended as set out in Schedule 1.
4 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out in Schedule 2.
Schedule 1 Amendment of Rural Workers Accommodation Act 1969
(Section 3)
[1] Part 1, heading
Insert before section 1:Part 1 Preliminary
[2] Section 1 Name of Act
Omit section 1 (2).
[3] Section 2 Repeal
Omit section 2 (2) and (3).
[4] Section 3
Omit the section. Insert instead:3 DefinitionsIn this Act:accommodation means residential accommodation.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, or(b) the management, rearing, grazing or feeding of animals that are being kept or raised for a commercial purpose, or(c) shearing or crutching of animals, or(d) scouring, sorting or pressing of wool, or(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.code of practice means a code of practice in force under Part 3.rural premises means farm, orchard, pastoral holding, or other agricultural or rural holding.rural worker means a person who works at rural premises in an agricultural or pastoral occupation.WorkCover means the WorkCover Authority constituted by the Workplace Injury Management and Workers Compensation Act 1998.
[5] Section 4 Construction
Omit the section.
[6] Parts 2–6 and Schedule 1
Omit sections 5–18 and the Schedule. Insert instead:Part 2 Provision of accommodation5 Accommodation to be provided for rural workerA person who has control of rural premises must provide suitable accommodation to a rural worker who works at the rural premises if due to the nature of the work, the rural worker must live for a period exceeding 24 hours at or near the rural premises.Maximum penalty: 250 penalty units.The accommodation provided for a rural worker is, subject to any contrary provision of a Commonwealth or State industrial instrument applicable to the worker, to be provided free of cost to the worker.Nothing in this Part is to be construed:(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Part, or(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.It is a defence to any proceedings against a person for an offence against a provision of this Act or the regulations if the person proves that:(a) it was not reasonably practicable for the person to comply with the provision, or(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.Part 3 Codes of practiceThe purpose of a code of practice is to provide practical guidance to persons who have control of rural premises with respect to the type and nature of accommodation that is suitable for rural workers for the purposes of this Act.(1) WorkCover may prepare draft codes of practice.(2) A code of practice may refer to or incorporate, with or without modification, a document prepared or published by a body specified in the code, as in force at a particular time or from time to time.(1) WorkCover is to consult with such organisations or persons as the Minister may direct about a draft code and may consult with such others as WorkCover thinks appropriate.(2) WorkCover is to take into consideration any submissions it receives that relate to a draft code before it makes any recommendation to the Minister for its approval.The Minister may, having regard to any recommendation of WorkCover, approve a code of practice.13 Publication, commencement and availability of codes(cf section 44 of Occupational Health and Safety Act 2000)(1) An approved code of practice:(a) is to be published in the Gazette, and(b) takes effect on the day on which it is so published or, if a later day is specified in the code for that purpose, on the later day so specified.(2) The following are to be made available for public inspection without charge at the principal office of WorkCover during normal office hours:(a) a copy of each code of practice,(b) if an approved code of practice has been amended, a copy of the code as so amended,(c) if an approved code of practice refers to or incorporates any other document prepared or published by a specified body, a copy of each such document.An approved code of practice may be amended or revoked by an instrument prepared, approved and published in accordance with the relevant procedures of this Part with respect to codes of practice.(1) In any proceedings for an offence against this Act or the regulations:(a) an approved code of practice that is relevant to any matter which it is necessary for the prosecution to prove to establish the commission of the offence by a person is admissible in evidence in those proceedings, and(b) the person’s failure at any material time to observe the code is evidence of the matter to be established in those proceedings.(2) A person is not liable to any civil or criminal proceedings by reason only that the person has failed to observe an approved code of practice.Part 4 Application of Occupational Health and Safety Act 200016 Act adds to protection provided by OH&S ActIf a provision of the Occupational Health and Safety Act 2000 or the regulations under that Act applies to rural premises to which this Act applies, that provision continues to apply, and must be observed, in addition to this Act or the regulations under this Act.17 OH&S Act prevailsThe provisions of the Occupational Health and Safety Act 2000 and the regulations under that Act prevail, to the extent of any inconsistency, over the provisions of this Act (other than section 6) and the regulations under this Act.18 Compliance with this Act is no defence to prosecution under OH&S ActCompliance with this Act or the regulations, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2000 or the regulations under that Act.19 Relationship between duties under this Act and OH&S ActEvidence of a relevant contravention of this Act or the regulations is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2000 or the regulations under that Act.20 No double jeopardyWhere an act or omission constitutes an offence:(a) under this Act or the regulations, andthe offender is not liable to be punished twice in respect of the offence.(b) under the Occupational Health and Safety Act 2000 or the regulations under that Act,Part 5 Enforcement21 Application of Occupational Health and Safety Act 2000(1) Parts 5, 6 and 7, and sections 136 and 137, of the Occupational Health and Safety Act 2000 (and any regulations under those provisions) extend to this Act (and its enforcement).(2) Accordingly, for that purpose a reference in the applied provisions to that Act or those regulations includes a reference to this Act and the regulations under this Act.(3) For the purposes of this section:(a) premises that are used for accommodation provided for a rural worker for the purposes of this Act are taken to be a place of work, and(b) in relation to such premises, the reference to the occupier of the premises in sections 57 (a) and 80 of the Occupational Health and Safety Act 2000 is taken to be a reference to the rural worker resident in premises.(4) The regulations may make other provisions modifying the applied provisions for the purposes of this section.Part 6 Miscellaneous22 Offences by corporations—liability of directors and managers(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each director of the corporation, and each person concerned in the management of the corporation, is taken to have contravened the same provision unless the director or person satisfies the court that:(a) he or she was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(b) he or she, being in such a position, used all due diligence to prevent the contravention by the corporation.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or the regulations on any corporation by which an offence against the provision is actually committed.(4) In the case of a corporation that is a local council, a member of the council (in his or her capacity as such a member) is not to be regarded as a director or person concerned in the management of the council for the purposes of this section.23 Regulations(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to the objects of this Act.(2) The regulations may apply, adopt or incorporate any publication as in force at a particular time or from time to time.(3) The regulations may create offences punishable by a penalty not exceeding 100 penalty units.24 Savings and transitional provisionsSchedule 1 has effect.Schedule 1 Savings and transitional provisions(Section 24)1 Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Schedule 2 Amendment of Occupational Health and Safety Act 2000
(Section 4)
Section 4 Definitions
Omit paragraph (d) from the definition of associated occupational health and safety legislation.