Pastoral Workers' Accommodation Regulation 2003

Queensland Pastoral Workers’ Accommodation Act 1980 Pastoral Workers’ Accommodation Regulation 2003 Current as at 14 December 2007—revised version Reprint note Powers under the Reprints Act 1992 have been used in this reprint to bring the legislation into line with current drafting practice. This is the last reprint before repeal. Repealed on 31 August 2015 by 2015 SL No. 92 s 16.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Pastoral Workers’ Accommodation Regulation 2003 Contents Part 1 1 2 3 Part 2 4 5 6 7 8 9 Part 3 10 11 Part 4 12 13 14 Part 5 15 16 17 Part 6 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Provision of accommodation Occupier must provide accommodation—Act ss 8–11. . . . . . . . . 3 Compliance with Queensland Development Code, pt 5.6 . . . . . . 4 Accommodation to be in good order and repair and appropriate for purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Accommodation must be adequate . . . . . . . . . . . . . . . . . . . . . . . 5 Sole use of accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Water or fuel supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Accommodation for resident workers Accommodation prescribed in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . 6 Prescribed accommodation for resident workers—Act ss 8 or 9 . 6 Accommodation for non-resident workers Accommodation prescribed in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . 7 Accommodation requirements for 4 or more non-resident workers and cook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Accommodation if section 13 does not apply . . . . . . . . . . . . . . . . 7 Duties of particular workers Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Worker to clean refuse disposal facilities . . . . . . . . . . . . . . . . . . . 8 Worker to clean certain toilet facilities . . . . . . . . . . . . . . . . . . . . . 8 Transitional provisions for repealed regulation Definitions for part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Pastoral Workers’ Accommodation Regulation 2003 Contents 19 Part 7 20 Schedule 1 1 2 3 4 5 6 7 8 Schedule 2 Continuing application of repealed regulation to existing accommodation 9 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Resident workers accommodation . . . . . . . . . . . . . . . . . . . . . 10 Sleeping accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Kitchen accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dining accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Refuse disposal facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meat preparation facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bathing accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Toilet facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Laundry facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 15 16 17 Page 2

Pastoral Workers’ Accommodation Regulation 2003 Part 1 Preliminary [s 1] Pastoral Workers’ Accommodation Regulation 2003 [as amended by all amendments that commenced on or before 14 December 2007] Part 1 Preliminary 1 Short title This regulation may be cited as the Pastoral Workers’ Accommodation Regulation 2003 . 2 Commencement This regulation commences on 1 July 2003. 3 Definitions The dictionary in schedule 2 defines particular words used in this regulation. Part 2 Provision of accommodation 4 Occupier must provide accommodation—Act ss 8–11 If accommodation must be provided under section 8, 9, 10 or 11 of the Act, the accommodation is taken not to be provided unless the accommodation complies with this part and part 3 or 4. Current as at 14 December 2007 revised version Page 3

Pastoral Workers’ Accommodation Regulation 2003 Part 2 Provision of accommodation [s 5] 5 Compliance with Queensland Development Code, pt 5.6 (1) The accommodation must comply with the Queensland Development Code, part 5.6 ( part 5.6 ). (2) Part 5.6 is complied with if the performance criteria in part 5.6 are satisfied. (3) A performance criterion is satisfied if— (a) the acceptable solution for the criterion set out opposite the criterion is complied with; or (b) the criterion is satisfied in a way that is at least equivalent to the acceptable solution opposite the criterion. (4) However, if part 5.6 is inconsistent with this regulation, this regulation prevails to the extent of the inconsistency. Examples of subsection (4) — • If this regulation provides that sleeping accommodation must be provided in a building or structure, the accommodation must be provided in a building or structure. • If this regulation provides that separate male and female toilet facilities must be provided, separate male and female toilet facilities must be provided. 6 Accommodation to be in good order and repair and appropriate for purpose The accommodation must be in good order and repair, hygienic condition and otherwise appropriate for its purpose. Examples — • Buildings and structures used for accommodation must be maintained in good order and repair and hygienic condition. • Fittings, furnishings and equipment provided for workers must be maintained in good order and repair and hygienic condition. Page 4 Current as at 14 December 2007 revised version

Pastoral Workers’ Accommodation Regulation 2003 Part 2 Provision of accommodation [s 7] 7 Accommodation must be adequate (1) The accommodation must be adequate for the reasonable requirements of workers accommodated. (2) 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. (3) In this section— adequate means adequate in capacity, number or quantity for the number of workers accommodated. Examples — • If accommodation is provided for a worker and the worker’s family, at least a 170 litre refrigerator must be provided. • If a worker performs mustering work, sleeping, kitchen and laundry accommodation is not required to be provided while the worker does not eat and sleep in accommodation provided as resident accommodation. 8 Sole use of accommodation The accommodation must be provided for the sole use of accommodating a worker and, if applicable, the worker’s family. Example — Accommodation provided for a worker must not be used to store offensive goods or material such as fertiliser or untreated sheepskin. 9 Water or fuel supply If the accommodation requires a water or appropriate fuel supply so that it can be used for its purpose, the accommodation must have a water or appropriate fuel supply. Examples — • If a bathing accommodation is provided, it must have an adequate supply of clean water for showering. Current as at 14 December 2007 revised version Page 5

Pastoral Workers’ Accommodation Regulation 2003 Part 3 Accommodation for resident workers [s 10] • If an electric washing machine is provided, it must be connected to an electricity supply. Part 3 Accommodation for resident workers 10 Accommodation prescribed in pt 3 This part prescribes accommodation that must be provided under section 8 or 9 of the Act. 11 Prescribed accommodation for resident workers—Act ss 8 or 9 (1) The following accommodation must be provided for resident workers— (a) sleeping accommodation; (b) kitchen accommodation; (c) dining accommodation; (d) refuse disposal facilities for kitchen and dining accommodation areas; (e) meat preparation facilities; (f) bathing accommodation; (g) toilet facilities; (h) laundry facilities. (2) The accommodation must be as stated in schedule 1. Page 6 Current as at 14 December 2007 revised version

Part 4 Pastoral Workers’ Accommodation Regulation 2003 Part 4 Accommodation for non-resident workers [s 12] Accommodation for non-resident workers 12 Accommodation prescribed in pt 4 (1) This part prescribes the accommodation that must be provided under section 10 of the Act. (2) If the occupier provides the accommodation at 1 location on the premises, the occupier complies with this part. 13 Accommodation requirements for 4 or more non-resident workers and cook (1) This section applies if an occupier employs 4 or more non-resident workers and a cook. (2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker were a resident worker. (3) However, in applying part 3— (a) the occupier must provide sleeping accommodation only for the cook; and (b) schedule 1, section 8 does not apply to the occupier. 14 Accommodation if section 13 does not apply (1) This section applies if section 13 does not apply to an occupier. (2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker were a resident worker. (3) However, in applying part 3, the following provisions of schedule 1 do not apply to the occupier— (a) section 1; (b) section 2(1), (2)(c) and (3); (c) section 5; (d) section 8. Current as at 14 December 2007 revised version Page 7

Pastoral Workers’ Accommodation Regulation 2003 Part 5 Duties of particular workers [s 15] (4) Also, the occupier must provide the following— (a) an electric or gas appliance for boiling drinking water; (b) a coffeepot or teapot. Part 5 Duties of particular workers 15 Application of pt 5 This part applies if a resident worker resides alone, or with the worker’s family, at an out-station. 16 Worker to clean refuse disposal facilities The worker must, at least once every 24 hours, do the following in relation to a refuse disposal facility— (a) remove refuse from the facility to an hygienic location at least 100m from any building; (b) burn the refuse, or bury it at least 1m below the ground; (c) thoroughly clean the facility. Note — See section 16 of the Act. 17 Worker to clean certain toilet facilities The worker must comply with the requirements under the Environmental Protection (Waste Management) Regulation 2000 , section 10O. Page 8 Current as at 14 December 2007 revised version

Part 6 Pastoral Workers’ Accommodation Regulation 2003 Part 6 Transitional provisions for repealed regulation [s 18] Transitional provisions for repealed regulation 18 Definitions for part 6 In this part— existing accommodation means accommodation provided under the Act that, immediately before the repeal of the repealed regulation, was in existence or under construction. repealed regulation means the Pastoral Workers’ Accommodation Regulation 1989 as in force immediately before its repeal by this regulation. 19 Continuing application of repealed regulation to existing accommodation Despite the repeal of the repealed regulation, the repealed regulation continues to apply to existing accommodation as if the repealed regulation had not been repealed. Part 7 Repeal 20 Repeal The Pastoral Workers’ Accommodation Regulation 1989 is repealed. Current as at 14 December 2007 revised version Page 9

Pastoral Workers’ Accommodation Regulation 2003 Schedule 1 Schedule 1 Resident workers accommodation section 11 1 Sleeping accommodation (1) Sleeping accommodation must be provided in a building or structure. (2) The accommodation must be a compartment providing sleeping quarters for no more than 2 workers at a time. (3) Separate compartments for males and females must be provided. (4) The accommodation must have the following in it— (a) a table; (b) a wardrobe or curtained-off area for hanging clothes; (c) clothes hooks; (d) if a compartment is lockable and a worker requests a key to his or her room, the key; (e) a broom; (f) a waste receptacle; (g) for each worker— (i) a bed that is not a bunk; and (ii) a chair; and (iii) a mattress; and (iv) a pillow; and (v) a towel rack. (5) The accommodation must not— (a) unless it is for a cook, adjoin a kitchen; and (b) be used for cooking, serving meals, or storing food. Page 10 Current as at 14 December 2007 revised version

Pastoral Workers’ Accommodation Regulation 2003 Schedule 1 2 Kitchen accommodation (1) Kitchen accommodation must be provided in a building or structure. (2) The accommodation must consist of the following— (a) a cooking appliance; (b) a refrigerator used solely for the refrigeration of perishable food; (c) utensils and equipment reasonably expected to be found in a fully equipped kitchen. Examples of paragraph (c) — • coffeepot or teapot • carving and chopping knives • tin opener • saucepans including a frypan • air tight storage containers for bread, butter, flour and sugar • mixing utensils, rolling pin and baking dishes • detergent for washing dishes, sponge, scourer and tea towel • broom. (3) However, subsections (1) and (2) do not apply to the extent the accommodation has already been provided under a contract entered into by the occupier for the provision of cooking services. 3 Dining accommodation (1) Dining accommodation must be provided in a building or structure. (2) The accommodation must consist of the following— (a) crockery; (b) cutlery; (c) glassware; Examples of glassware — • drinking glasses Current as at 14 December 2007 revised version Page 11

Pastoral Workers’ Accommodation Regulation 2003 Schedule 1 • water jug or carafe (d) seating; (e) table. 4 Refuse disposal facilities (1) Refuse disposal facilities must— (a) consist of metal receptacles with lids; and (b) be provided for kitchen and dining accommodation. (2) The occupier must ensure that, at least once every 24 hours— (a) all refuse is— (i) removed from the refuse disposal facilities to an hygienic location at least 100m from any building; and (ii) burnt, or buried at least 1m below the ground; and (b) refuse disposal facilities are thoroughly cleaned. (3) Subsection (2) does not apply if a resident worker resides alone, or with the worker’s family, at an out-station. 5 Meat preparation facilities (1) Meat preparation facilities must be provided in a building or structure. (2) The facilities must consist of the following— (a) a chopping block; (b) a work bench; (c) hooks for hanging meat. 6 Bathing accommodation (1) Bathing accommodation must be provided in a building or structure. Page 12 Current as at 14 December 2007 revised version

Pastoral Workers’ Accommodation Regulation 2003 Schedule 1 (2) Separate accommodation for males and females must be provided. (3) The accommodation must be provided in a way that ensures a worker’s privacy. 7 Toilet facilities (1) Toilet facilities must be provided in a building or structure. (2) Separate facilities for males and females must be provided. (3) The occupier must comply with the requirements under the Environmental Protection (Waste Management) Regulation 2000 , section 10O. (4) Subsection (3) does not apply if a resident worker resides alone, or with the worker’s family, at an out-station. (5) The facilities must be provided in a way that ensures a worker’s privacy. (6) The facilities must contain toilet paper and disinfectant. 8 Laundry facilities (1) Laundry facilities must be provided in a building or structure. (2) The facilities must consist of the following— (a) an electric washing machine; (b) if no electricity supply is connected to laundry facilities—a copper; (c) clothes line and pegs. Current as at 14 December 2007 revised version Page 13

Pastoral Workers’ Accommodation Regulation 2003 Schedule 2 Schedule 2 Dictionary section 3 compartment means a room within a building or structure. cooking appliance means a stove or range used for cooking and includes an oven. Queensland Development Code see the Building Act 1975 , section 13. Page 14 Current as at 14 December 2007 revised version

Endnotes Pastoral Workers’ Accommodation Regulation 2003 Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Current as at 14 December 2007 revised version Page 15

Pastoral Workers’ Accommodation Regulation 2003 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table.. Reprint No. 1 1A 1B 1C Amendments included none 2006 SL No. 227 2007 SL No. 217 2007 SL No. 326 Effective 1 July 2003 1 September 2006 31 August 2007 14 December 2007 Notes Current as at 14 December 2007 rv Amendments included 2007 SL No. 326 Notes RA ss 27, 35, 44, 44A 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Pastoral Workers’ Accommodation Regulation 2003 SL No. 150 made by the Governor in Council on 26 June 2003 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) exp 31 August 2015 (see SIA s 56A(2) and SIR s 3 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Building Regulation 2006 SL No. 227 ss 1–2, pt 11 notfd gaz 18 August 2006 pp 1821–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2006 immediately after the commencement of s 5 of the Building and Other Legislation Amendment Act 2006 No. 36 (see s 2 and 2006 SL No. 226) Page 16 Current as at 14 December 2007 revised version

Pastoral Workers’ Accommodation Regulation 2003 Endnotes Environmental Protection Legislation Amendment and Repeal Regulation (No. 1) 2007 SL No. 217 pts 1, 4 notfd gaz 31 August 2007 pp 2326–7 commenced on date of notification Building and Other Legislation Amendment Regulation (No. 3) 2007 SL No. 326 pts 1, 6 notfd gaz 14 December 2007 pp 2131–5 commenced on date of notification 5 List of annotations Compliance with Queensland Development Code, pt 5.6 prov hdg amd 2007 SL No. 326 s 14(1) s 5 amd 2007 SL No. 326 s 14 (2)–(4) Worker to clean certain toilet facilities s 17 amd 2007 SL No. 217 s 27 PART 8—AMENDMENT OF BUILDING FIRE SAFETY REGULATION 1991 pt 8 (ss 21–22) om R1 (see RA s 40) PART 9—AMENDMENT OF INTEGRATED PLANNING REGULATION 1998 pt 9 (ss 23–27) om R1 (see RA s 40) PART 10—AMENDMENT OF RESIDENTIAL SERVICES (ACCREDITATION) REGULATION 2002 pt 10 (ss 28–29) om R1 (see RA s 40) PART 11—AMENDMENT OF STANDARD BUILDING REGULATION 1993 pt 11 (ss 30–38) om R1 (see RA s 40) SCHEDULE 1—RESIDENT WORKERS ACCOMMODATION Toilet facilities s 7 amd 2007 SL No. 217 s 28 SCHEDULE 2—DICTIONARY def Queensland Development Code sub 2006 SL No. 227 s 67 © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 14 December 2007 revised version Page 17