RURAL WORKERS ACCOMMODATION ACT 1969 - As at 7 November 2006 - Act 34 of 1969 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Act 2. Repeal 3. Definitions 4. (Repealed) 4A. Act to bind the Crown PART 2 - PROVISION OF ACCOMMODATION 5. Accommodation to be provided for rural worker 6. Cost of accommodation 7. Civil liability not affected 8. Defence PART 3 - CODES OF PRACTICE 9. Purpose of codes 10. WorkCover may prepare draft codes 11. Consultation on draft codes 12. Approval of codes by Minister 13. Publication, commencement and availability of codes 14. Amendment or revocation of codes 15. Use of codes PART 4 - APPLICATION OF OCCUPATIONAL HEALTH AND SAFETY ACT 2000 16. Act adds to protection provided by OH&S Act 17. OH&S Act prevails 18. Compliance with this Act is no defence to prosecution under OH&S Act 19. Relationship between duties under this Act and OH&S Act 20. No double jeopardy PART 5 - ENFORCEMENT 21. Application of Occupational Health and Safety Act 2000 PART 6 - MISCELLANEOUS 22. Offences by corporations—liability of directors and managers 23. Regulations 24. Savings and transitional provisions SCHEDULE 1 RURAL WORKERS ACCOMMODATION ACT 1969 - LONG TITLE 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 1 Name of Act 1 Name of Act (1) This Act may be cited as the Rural Workers Accommodation Act 1969. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 2 Repeal 2 Repeal (1) The Rural Workers Accommodation Act 1926 and the Rural Workers Accommodation (Amendment) Act 1951 are hereby repealed. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 3 Definitions 3 Definitions In 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 4A Act to bind the Crown 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 5 Accommodation to be provided for rural worker 5 Accommodation to be provided for rural worker A 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 6 Cost of accommodation 6 Cost of accommodation (cf section 22 of Occupational Health and Safety Act 2000) 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 7 Civil liability not affected 7 Civil liability not affected (cf section 32 of Occupational Health and Safety Act 2000) 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 8 Defence 8 Defence (cf section 28 of Occupational Health and Safety Act 2000) 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 9 Purpose of codes 9 Purpose of codes (cf section 40 of Occupational Health and Safety Act 2000) The 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 10 WorkCover may prepare draft codes 10 WorkCover may prepare draft codes (cf section 41 of Occupational Health and Safety Act 2000) (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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 11 Consultation on draft codes 11 Consultation on draft codes (cf section 42 of Occupational Health and Safety Act 2000) (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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 12 Approval of codes by Minister 12 Approval of codes by Minister (cf section 43 of Occupational Health and Safety Act 2000) The Minister may, having regard to any recommendation of WorkCover, approve a code of practice. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 13 Publication, commencement and availability of codes 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. Note: For codes of practice under this section see Gazette No 88 of 30.6.2006, p 5243. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 14 Amendment or revocation of codes 14 Amendment or revocation of codes (cf section 45 of Occupational Health and Safety Act 2000) 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 15 Use of codes 15 Use of codes (cf section 46 of Occupational Health and Safety Act 2000) (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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 16 Act adds to protection provided by OH&S Act 16 Act adds to protection provided by OH&S Act If 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 17 OH&S Act prevails 17 OH&S Act prevails The 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 18 Compliance with this Act is no defence to prosecution under OH&S Act 18 Compliance with this Act is no defence to prosecution under OH&S Act Compliance 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 19 Relationship between duties under this Act and OH&S Act 19 Relationship between duties under this Act and OH&S Act Evidence 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 20 No double jeopardy 20 No double jeopardy Where an act or omission constitutes an offence: (a) under this Act or the regulations, and (b) under the Occupational Health and Safety Act 2000 or the regulations under that Act, the offender is not liable to be punished twice in respect of the offence. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 21 Application of Occupational Health and Safety Act 2000 21 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 22 Offences by corporations—liability of directors and managers 22 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 23 Regulations 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. RURAL WORKERS ACCOMMODATION ACT 1969 - SECT 24 Savings and transitional provisions 24 Savings and transitional provisions Schedule 1 has effect. RURAL WORKERS ACCOMMODATION ACT 1969 - SCHEDULE 1 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: Rural Workers Accommodation Amendment Act 2005 (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. RURAL WORKERS ACCOMMODATION ACT 1969 - NOTES Reprint history (since 1972): Reprint No 1 9 August 1976 Reprint No 2 1 May 1980 Reprint No 3 25 January 1984 Reprint No 4 26 September 1991 Reprint No 5 29 February 1996 Reprint No 6 7 November 2006 RURAL WORKERS ACCOMMODATION ACT 1969 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| See also Occupational Health and Safety Act 1983. Table of amending instrumentsRural Workers Accommodation Act 1969 No 34. Assented to 9.4.1969. Date of commencement, 1.11.1969, sec 1 (2) and GG No 106 of 5.9.1969, p 3535. This Act has been amended as follows: _____________________________________________________________________________ | | |Metric Conversion Act 1975. Assented to 6.11.1975. | |1975|No 72 | | | | |Date of commencement of Sch, Items 169–238, 1.6.1976, sec 4 (3)| |_____________________________________________________________________________| | | |Rural Workers Accommodation (Amendment) Act | | | |1977. Assented to 7.9.1977. | |1977|No 66 | | | | |Date of commencement of Schs 1–4, 1.2.1980, sec 2 (2) and GG No| |_____________________________________________________________________________| | | |Occupational Health and Safety Act | | | |1983. Assented to 21.4.1983. | |1983|No 20 | | | | |Date of commencement of Sch 7, 4.5.1983, sec 2 (2) and GG No 67 | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act (No 1) | | | |1987. Assented to 28.5.1987. | |1987|No 48 | | | | |Date of commencement of Sch 32, except as provided by sec 2 (13),| |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) (No 2) Act | | | |1989. Assented to 5.9.1989. | |1989|No 132| | | | |Date of commencement of the provisions of Sch 1 relating to the | | | |Rural Workers | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1990. Assented to | | | |22.6.1990. | |1990|No 46 | | | | |Date of commencement of the provision of Sch 1 relating to the | |_____________________________________________________________________________| | | |Miscellaneous Acts (Public Health) Repeal and Amendment Act | | | |1990. Assented to 20.12.1990. | | | | | | | |Date of commencement, 18.11.1991, sec 2 and GG No 159 of | | |No 123|15.11.1991, p 9518. Amended by Statute Law (Miscellaneous | | | |Provisions) Act (No 2) 1991 No | | | |94. Assented to 17.12.1991. Date of commencement of the provision| | | |of Sch 2 relating to the Miscellaneous Acts (Public Health) | | | |Repeal and Amendment Act | |_____________________________________________________________________________| | | |Statute Law (Penalties) Act 1992. Assented to 8.12.1992. | |1992|No 112| | |_____________________________________________________________________________| | | |Statute Law Revision (Local Government) Act | | | |1995. Assented to 9.6.1995. | |1995|No 11 | | | | |Date of commencement of the provision of Sch 1 relating to the | | | |Rural Workers Accommodation Act 1969, 23.6.1995, sec 2 (1) and GG| |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1996. Assented to | | | |21.6.1996. | |1996|No 30 | | | | |Date of commencement of Sch 2, assent, sec 2 (1); date of | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act (No 2) | | | |1996. Assented to 3.12.1996. | | |No 121| | | | |Date of commencement of Sch 2, assent, sec 2 (1); date of | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |1999|No 31 |Act 1999. Assented to 7.7.1999. | | | | | |_____________________________________________________________________________| | | |Rural Workers Accommodation Amendment | | | |Act 2005. Assented to 15.6.2005. | |2005|No 37 | | | | |Date of commencement, 1.7.2006, sec 2 and GG No 84 of 30.6.2006, | |_____________________________________________________________________________| This Act has also been amended pursuant to orders under secs 8 (2), 9 (3) and 9A of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 21.4.1980, and published in GG No 66 of 24.4.1980, p 2081, declaring that the Rural Workers Accommodation Act 1969 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply. Order dated 21.4.1980, and published in GG No 66 of 24.4.1980, p 2081. Table of amendmentsNo reference is made to certain amendments made by the Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act 1996. _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am GG No 66 of 24.4.1980, p 2081; 1995 No 11, | |Sec 3 |Sch 1; 1996 No 30, Sch 2; 1996 No 121, Sch 2.24 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 6 |Am 1977 No 66, Sch 1; 1990 No 46, Sch 1. Subst | |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 8 |Am 1975 No 72, Sch; 1996 No 30, Sch 2. Subst | |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 9 |Am 1996 No 30, Sch 2. Subst 2005 No 37, Sch 1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 11 |Am 1989 No 132, Sch 1. Subst 2005 No 37, Sch 1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Sec 16 |Am 1992 No 112, Sch 1. Subst 2005 No 37, Sch 1 | |_____________________________________________________________________________| | |Am 1983 No 20, Sch 7 (2); 1992 No 112, Sch 1; | |Sec 17 |1996 No 121, Sch 4.46; 1999 No 31, Sch 4.81 [1] | |_____________________________________________________________________________| |Sec 18 |Am 1987 No 48, Sch 32; 1992 No 112, Sch 1. Subst| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 1975 No 72, Sch; 1977 No 66, Schs 2–4; 1989| |Sch |No 132, Sch 1; 1990 No 123, Sch 2 (am 1991 No | | |94, Sch 2); 1996 No 30, Sch 2; 1999 No 31, Sch | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 1996 No 30, Sch 2 (“Under Secretary” | | |omitted wherever occurring, “Director- | | |General” inserted instead); 1996 No 121, Sch | |The whole Act (except sec 3)|2.24 (1) (“Director-General” or “Director-| | |General’s” omitted wherever occurring, | | |“General Manager” or “General | |_____________________________________________________________________________|