Pastoral Workers’ Accommodation Regulation 2015

This regulation may be cited as the Pastoral Workers’ Accommodation Regulation 2015.

This regulation commences on 31 August 2015.

If accommodation must be provided under section 8, 9, 10 or 11 of the Act, the accommodation is taken to be provided only if the accommodation complies with this part and part 3 or 4.

The accommodation must satisfy the performance criteria stated in the Queensland Development Code, part MP 5.6 (part MP 5.6).

For subsection (1), a performance criterion is met if—

the acceptable solution for the criterion set out opposite the criterion is complied with; or

the criterion is met in a way that is at least equivalent to the acceptable solution set out opposite the criterion.

This regulation may impose an additional requirement for accommodation prescribed under this part that is not stated under part MP 5.6 (additional requirement).

If there is an additional requirement, the accommodation must satisfy part MP 5.6 and the additional requirement.Example for subsection (4)—

If this regulation requires separate male and female toilet facilities for the accommodation but part MP 5.6 does not, the requirement for separate male and female toilet facilities is an additional requirement that the accommodation must satisfy.

In this section—

Queensland Development Code see the Building Act 1975, section 13.

The accommodation must be in good order and repair, in a hygienic condition and otherwise appropriate for its purpose.

Examples—

• A building or structure is in good order and repair if it is maintained and kept in a clean condition.

• Fittings, furnishings and equipment provided for workers are kept in good order and repair if they are maintained, kept in a clean condition and kept in working order.

The accommodation must be adequate for the reasonable requirements of workers accommodated.

If a worker and the worker’s family are provided with accommodation, the accommodation must be adequate for the reasonable requirements of the worker and the worker’s family.

In this section—

adequate means adequate in capacity, number or quantity for the number of workers accommodated.

Examples—

• A reasonable requirement for accommodation provided for a worker and the worker’s family might include at least a 170 litre refrigerator.

• A reasonable requirement for accommodation provided for a worker who performs mustering work, might not include sleeping, kitchen and laundry accommodation while the worker is not residing in accommodation provided for a resident worker.

The accommodation must be provided for the sole use of accommodating a worker, or the worker and the worker’s family.

The accommodation provided for the worker, or the worker and the worker’s family must not be used to store hazardous or offensive goods or material, including, for example, fertiliser or untreated sheepskin.

If the accommodation requires a water or fuel supply so that the accommodation can be used for its purpose, the accommodation must have an adequate water or fuel supply.

Examples—

• Bathing accommodation requires an adequate supply of clean water for showering.

• An electric washing machine requires a connection to an electricity supply and water supply.

This part prescribes accommodation that must be provided for resident workers under section 8(1) or 9(2) of the Act.

Accommodation for resident workers must include the following—

sleeping accommodation;

kitchen accommodation;

dining accommodation;

refuse disposal facilities for kitchen and dining accommodation areas;

meat preparation facilities;

bathing accommodation;

toilet facilities;

laundry facilities.

The accommodation and facilities stated in subsection (1) must comply with schedule 1.

This part prescribes the accommodation that must be provided for non-resident workers under section 10(1) of the Act.

To comply with this part, the occupier need only provide the accommodation at 1 location on the premises.

This section applies if an occupier employs 4 or more non-resident workers and a cook.

Part 3 and schedule 1 apply to the occupier as if each non-resident worker were a resident worker.

However, in applying part 3—

sleeping accommodation need only be provided for the cook; and

schedule 1, section 9 does not apply to the occupier.