Pastoral Workers’ Accommodation Act 1980

This Act may be cited as the Pastoral Workers’ Accommodation Act 1980.

s 3 om 2003 No. 58s 4

This Act, other than section 14, binds the Crown.

In this Act—

accommodation includes buildings, tents, structures, rooms, fittings, furnishings, equipment, facilities and amenities.

award means an award or other industrial instrument under the Industrial Relations Act 2016.

chief inspector...

group accommodation means accommodation provided pursuant to section 9.

inspector means an inspector appointed under the Industrial Relations Act 2016, section 899.

Minister...

occupier means—

the person in actual occupation of land on which premises are situated or, if no person is in actual occupation, the owner of the land; or

any person authorised by the occupier to act on the occupier’s behalf in the general management or control of the land or premises.

pastoral work means work in connection with—

the management, rearing or grazing of horses, cattle or sheep on premises other than dairy farms; or

the shearing or crutching of sheep; or

the scouring, sorting or pressing of wool; or

work declared under a regulation to be pastoral work.

premises means any land, building or other place (whether open or enclosed), including its appurtenances, on, in, about or in connection with which any worker is employed.

resident worker means a worker who eats and sleeps in accommodation provided by an occupier on the premises or in a group accommodation.

structure includes a transportable hut and a caravan.

worker means a person performing pastoral work.

s 6 om 2003 No. 58s 6

s 7 om 2003 No. 58s 6

Where a worker is a resident worker the occupier on whose behalf the worker is employed shall provide the worker with such accommodation as is prescribed.

Maximum penalty—10 penalty units.

Subsection (1) does not apply to a resident worker who is provided with accommodation in the residence in which the occupier on whose behalf the worker is employed usually resides provided that such accommodation is, in the opinion of an inspector, at least equal to the accommodation prescribed pursuant to subsection (1).

Any 2 or more persons may agree in writing that they will, in respect of resident workers employed to do work on their behalf, jointly provide a building to provide accommodation for their respective such workers either on the land of 1 of the persons or at any other place.

The last person to sign the agreement must send a copy of the completed agreement to the chief executive within 7 days after it is completed.

Maximum penalty—10 penalty units.

Accommodation provided pursuant to subsection (1) shall be such as is prescribed.

For the purposes of this Act, each person referred to in subsection (1) shall, during the time workers employed to do work on his or her behalf are accommodated in the building referred to in subsection (1) be deemed to be the occupier of the building and shall during that time be guilty of an offence against this Act if the accommodation prescribed pursuant to subsection (2) is not provided.

Maximum penalty for subsection (3)—10 penalty units.

Accommodation shall be provided by an occupier for non-resident workers and for resident workers provided with group accommodation employed to do work on the occupier’s behalf on the premises, which accommodation shall be such as is prescribed.

Maximum penalty—10 penalty units.

Subsection (1) does not apply to a non-resident worker or to a resident worker provided with group accommodation who is provided with accommodation in the residence in which the occupier usually resides provided that such accommodation is, in the opinion of an inspector, at least equal to the accommodation prescribed pursuant to subsection (1).

Notwithstanding the provisions of sections 8 and 10, where pastoral work is performed for a person (the initiator) on land other than land occupied, managed or controlled by the initiator, the initiator shall be responsible for the provision of accommodation prescribed pursuant to those sections.

If accommodation is not provided as required by those sections, the initiator commits an offence.

Maximum penalty—10 penalty units.

Where—

accommodation provided for workers on premises has been rendered unfit for habitation by reason of destruction or damage by fire or other unforeseen cause, or by reason of an outbreak of disease or similar cause; or

premises are newly established; or

workers are employed on, in, about or in connection with premises for work of a temporary nature (not being work of a seasonal or periodic nature); or

for any premises generally, in other circumstances the chief executive considers appropriate;

the chief executive may in writing permit the provision of temporary accommodation for workers upon the premises in question.

The nature and extent of the temporary accommodation and things pertaining to the temporary accommodation, that may be permitted under this section on premises (or premises included in a prescribed class of premises) shall be such as are prescribed.

In so far as not so prescribed a permit issued under this section may require the temporary accommodation, and things pertaining to the temporary accommodation, referred to in the permit to be of the nature and extent specified in the permit.

The duty of providing temporary accommodation permitted under this section in compliance in every respect with requirements of the regulations or, in so far as not prescribed by the regulations, the permit in question is hereby imposed upon the occupier of the premises in respect of which the permit has been issued.

The occupier of the premises must not contravene a requirement under a regulation or permit mentioned in subsection (3).

Maximum penalty—10 penalty units.

A permit under this section may be issued for such limited period as is specified therein, but the chief executive may extend the period.

It is hereby declared that accommodation for workers provided in compliance with a permit issued under this section is deemed to be proper and sufficient accommodation for the purposes of this Act in respect of the period specified in the permit or any extension of that period granted under this section.

Any award that requires that workers be provided with accommodation shall be read and construed so as not to prejudice the operation of sections 8 to 12.