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

(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.