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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Rural Workers Accommodation
Amendment Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Rural Workers Accommodation Act 1969
No 34 2
4 Amendment of Occupational Health and Safety Act 2000
No 40 2
Schedule 1 Amendment of Rural Workers Accommodation Act 1969 3
Schedule 2 Amendment of Occupational Health and Safety Act 2000 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Rural Workers Accommodation
Amendment Bill 2005
Act No , 2005
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.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Rural Workers Accommodation Amendment Bill 2005
The Legislature of New South Wales enacts:
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.
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Rural Workers Accommodation Amendment Bill 2005
Amendment of Rural Workers Accommodation Act 1969 Schedule 1
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 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.
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Rural Workers Accommodation Amendment Bill 2005
Schedule 1 Amendment of Rural Workers Accommodation Act 1969
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 accommodation
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.
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.
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.
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
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Rural Workers Accommodation Amendment Bill 2005
Amendment of Rural Workers Accommodation Act 1969 Schedule 1
(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 practice
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.
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.
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.
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.
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.
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Rural Workers Accommodation Amendment Bill 2005
Schedule 1 Amendment of Rural Workers Accommodation Act 1969
(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.
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.
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.
Part 4 Application of Occupational Health and
Safety Act 2000
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.
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Rural Workers Accommodation Amendment Bill 2005
Amendment of Rural Workers Accommodation Act 1969 Schedule 1
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.
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.
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.
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.
Part 5 Enforcement
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
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Rural Workers Accommodation Amendment Bill 2005
Schedule 1 Amendment of Rural Workers Accommodation Act 1969
(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 Miscellaneous
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.
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.
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Rural Workers Accommodation Amendment Bill 2005
Amendment of Rural Workers Accommodation Act 1969 Schedule 1
(3) The regulations may create offences punishable by a penalty not
exceeding 100 penalty units.
24 Savings and transitional provisions
Schedule 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:
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.
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Rural Workers Accommodation Amendment Bill 2005
Schedule 2 Amendment of Occupational Health and Safety Act 2000
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.
Page 10
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