{"id":"workers-liens-act-1893","name":"Worker's Liens Act 1893","slug":"worker-s-liens-act-1893","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110862,"registerId":"sa-workers-liens-act-1893-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Worker's Liens Act 1893","content":"South Australia\nWorker's Liens Act 1893\nAn Act relating to worker's liens.\n\nContents\nPart A1—Preliminary\n1\tShort title\n2\tInterpretation\nPart 1—Liens and charges\n4\tWorkers' liens\n5\tLien of contractor or sub-contractor\n6\tExtent of lien\n7\tCharge of worker and sub-contractor\n8\tPriority of liens and charges\n9\tLien subject to registered, but not to unregistered, mortgage etc\n9A\tUnregistered interests\n9B\tLiens for materials\n9C\tApplication of Personal Property Securities Act\nPart 2—Registration and discharge of liens\n10\tLien to be registered\n11\tDuty of Registrar-General on receiving notice of lien\n12\tNotice to be deemed caveat\n13\tRegistrar-General to keep index\n14\tNotices of lien open to inspection\n15\tLiens to cease in certain events\n16\tSatisfaction of lien to be recorded\n17\tProceedings to compel Registrar-General to record lien in event of refusal\n18\tJudge or magistrate may make order\n19\tEnforcement of lien on goods under section 4(2)\n20\tMortgagee may pay wages or contract price and may recover wages or contract price paid by him\nPart 3—Legal procedure\n21\tAction to enforce lien or charge\n22\tProcedure in case of deposit\n23\tPerson primarily liable may be joined in action to enforce lien or charge\n24\tCertificate of judgment prima facie evidence\n25\tOrder for enforcement of lien or charge, how carried into effect\n26\tPerson affected by lien or charge may pay money into court\n27\tCourt may order detention, inspection etc\n29\tClaims that may be included in actions to enforce lien or charge\n30\tPerson interested in subject matter may be made a party\n31\tLienor may pay moneys due to mortgagee of chattels\n32\tClaim or registration may be cancelled\n33\tPenalty for claim with intent to defraud\n34\tPenalty for vexatious claim\n36\tJurisdiction etc of courts preserved\n37\tCosts\nPart 4—Miscellaneous\n39\tRegulations\n41\tPersons having lien at common law may sell\n42\tApplication of proceeds of sale\n43\tWages of worker when deemed to be payable monthly\n44\tOther remedy not prejudiced\n45\tPenalty on attempt to deprive worker of lien on goods\n47\tDuties of Registrar-General\n48\tLands etc of Crown not affected by this Act\n49\tAct to apply to land under Real Property Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart A1—Preliminary\n1—Short title\nThis Act may be cited as the Worker's Liens Act 1893.\n2—Interpretation\nIn this Act, where not inconsistent with the context, the following terms have the following meanings:\ncontract means any agreement, whether written, oral, or implied, to do work or to procure work to be done, or to furnish materials in connection with work, or to pay for work, or for materials furnished or to be furnished in connection with work;\ncontract price means the money payable to any contractor or sub-contractor for any work, or materials furnished or to be furnished in connection with work, under any contract, and whether such price has been fixed by express agreement or not;\ncontractor means a person (not being a sub-contractor) contracting with or employed by another person to do work, or to procure work to be done, or to furnish materials in connection with work;\ncourt in the case of an action in the Supreme Court or District Court includes a judge of the court, and in the case of an action in the Magistrates Court includes a magistrate;\nfixture means such a fixture upon land as, having been attached to such land by the vendor, would pass to the purchaser upon the sale of the fee simple of the land;\ngoods includes all produce of land when severed from the land;\nowner means the owner of the legal or equitable fee simple of land;\noccupier means the lessee, sub-lessee, tenant, or occupier for the time being of land other than the owner thereof;\nprescribed means prescribed by regulation made under this Act;\nregulation means a regulation made under this Act;\nsub-contractor means a person contracting with or employed by a contractor or sub-contractor to do work, or to procure work to be done, or to furnish materials in connection with work for the purposes of the contract made by such contractor or last-mentioned sub-contractor;\nthe Real Property Act means the Real Property Act 1886 and any Act or Acts amending the same or substituted therefor;\nwages means money to which a worker is or may be entitled for manual work or personal service, and whether to be ascertained by time or by the piece, and whether at a fixed price or rate or otherwise;\nwork means every description of manual work or personal service;\nworker means every person employed in or doing any manual work or personal service.\nPart 1—Liens and charges\n4—Workers' liens\n\t(1)\tA worker doing work for an owner or occupier, or for a contractor or sub-contractor for the benefit of an owner or occupier, shall have a lien for his wages for such work on the estate or interest in land of the owner or occupier in each of the following cases:\n\t(a)\tWhere the work is done with the assent, express or implied, of the owner or occupier to the land or to any fixture thereon:\n\t(b)\tWhere the work is done in or about the manufacture of materials which are, with the assent, express or implied, of the owner or occupier, used or intended to be used in or about work done, or intended to be done, to the land or to any fixture thereon.\n\t(2)\tA worker employed upon land and doing work there for the owner or occupier thereof in connection with pastoral, agricultural, horticultural, or mining pursuits carried on upon such land shall have a lien on all goods on such land belonging to such owner or occupier, but such lien shall not avail against the title of a bona fide purchaser, mortgagee, pledgee, or incumbrancee without notice of such lien.\n\t(3)\tA lien under this section shall be limited to four weeks' wages or wages for work not occupying more than four weeks, not exceeding in either case the sum of two hundred dollars.\n5—Lien of contractor or sub-contractor\nA contractor or sub-contractor shall have a lien for the contract price, so far as accrued due, on the estate or interest in land of any owner or occupier in each of the following cases:\n\t(a)\tWhere the work is done, with the assent, express or implied, of the owner or occupier to the land or to any fixture thereon:\n\t(b)\tWhere the materials are, with the assent, express or implied, of the owner or occupier, used or intended to be used in or about work done, or intended to be done, to the land or to any fixture thereon.\n6—Extent of lien\nLiens under subsection (1) of section 4 or under section 5 shall not, in cases other than those of workers employed by the owner or occupier, extend beyond that portion of the contract price payable by the owner or occupier under the contract for the purposes of which the work or materials are done, furnished, or manufactured and unpaid at the time when the owner or occupier shall receive notice of the lien or of its registration, whichever shall first happen, nor extend at all to cases where there is no such contract binding the owner or occupier to pay a contract price.\n7—Charge of worker and sub-contractor\n\t(1)\tA worker shall have a charge on any money payable to the contractor or sub-contractor by whom he is employed for his wages in respect of work done for the purposes of the contract of such contractor or sub-contractor.\n\t(2)\tA sub-contractor shall have a charge on any money payable to the contractor or sub-contractor with whom he shall have contracted for that portion of the contract price payable to the first-mentioned sub-contractor in respect of work done or materials furnished or manufactured for the purposes of the contract of such contractor or secondly mentioned sub-contractor.\n\t(3)\tA charge under this section shall attach only to money payable under the contract for the purposes of which the work or materials have been done, supplied, or manufactured, and shall lapse unless an action be brought to enforce the same within twenty-eight days after the wages or contract price in respect of which such charge has arisen shall have become due within the meaning of section 10, subsection (2). Such action shall not be discontinued without the consent of the defendant or an order of the court, and the court on making such order may declare that any charge claimed does not exist or order that it shall forthwith lapse, or that the plaintiff have further time to bring a fresh action to enforce the charge.\n\t(4)\tThe charge of a worker under this section shall be limited to four weeks' wages or wages for work not occupying more than four weeks, not exceeding in either case the sum of two hundred dollars.\n\t(5)\tA charge under this section shall not avail as to any moneys bona fide paid over without notice of such charge.\n8—Priority of liens and charges\n\t(1)\tThe several liens and charges created by this Act shall have priority in the following order:\n\t(a)\tthe liens and charges of workers for wages;\n\t(b)\tthe liens and charges of sub-contractors;\n\t(c)\tthe liens of contractors.\n\t(2)\tAs between themselves, persons belonging to each of the said three classes shall, subject to the provisions hereinafter contained, participate ratably in the benefits of their liens or charges.\n9—Lien subject to registered, but not to unregistered, mortgage etc\nA lien under this Part of Act shall be subject to every dealing, assurance, mortgage, encumbrance, or charge on the estate or interest in the land of the owner or occupier, or on the goods the subject of the lien, registered before the registration of such lien, but shall take priority of any dealing, assurance, mortgage, encumbrance, or charge not so registered.\n9A—Unregistered interests\nNo unregistered estate or interest shall prevail against a registered lien.\n9B—Liens for materials\nLiens shall be had under this Act for materials furnished, although such materials may not be furnished in connection with work.\n9C—Application of Personal Property Securities Act\nSection 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest in property that arises by being created, arising or being provided for under this Act.\nPart 2—Registration and discharge of liens\n10—Lien to be registered\n\t(1)\tA lien under this Act with regard to land shall be available only if registered before the expiration of twenty-eight days after the wages or contract price in respect of which such lien has arisen shall for the purposes of this section have become due.\n\t(2)\tAny wages or contract price shall for the purposes of this section be deemed to have become due—\n\t(a)\tif unpaid for seven days after the same (being payable) shall have been demanded by notice in writing, signed by the person claiming the same and given to the person liable to pay the same, or posted in a registered letter addressed to him at his usual or last known place of abode in South Australia:\n\t(b)\tif either before or after the same shall have become payable, the person liable to pay the same shall have called a meeting of his creditors, or committed an act of bankruptcy, or executed a deed of assignment within the meaning of the Bankruptcy Act 1924 of the Commonwealth, or shall have taken or attempted to take the benefit of any law relating to bankrupts or insolvent debtors, or shall have suffered his goods to be taken in execution or seized under legal process or distress for rent.\n\t(3)\tA lien shall be registered by the person claiming the same lodging in the General Registry Office a notice executed by the person in a form approved by the Registrar‑General, containing the prescribed information and accompanied by the prescribed fee.\n\t(4)\tA lien may be registered after the wages or contract price have become payable, although the seven days mentioned in subsection (2) shall not have commenced to run.\n\t(5)\tNotices of lien under this Act shall state the court in which action will be brought to enforce the same, and any person to whom notice is given may deposit the amount claimed in such court to abide the event of such action, and thereupon the lien shall be deemed to cease.\n11—Duty of Registrar-General on receiving notice of lien\nUpon the lodging of such notice the Registrar-General shall—\n\t(a)\twhere the estate or interest of the owner or occupier sought to be affected by the lien is registered under the Real Property Act, make a memorandum of such notice and the day and hour of the lodging thereof upon the folium of the Register Book on which such estate or interest is registered, and shall send a copy of such notice through the post addressed to the owner or occupier at his address as appearing in the Register Book;\n\t(b)\twhere the estate or interest of the owner or occupier sought to be affected by the lien is not registered under the Real Property Act, make a memorandum on such notice of the day and hour of the lodging thereof, and send a copy of such notice through the post addressed to the owner or occupier at his address as given in the notice.\n12—Notice to be deemed caveat\nA notice lodged in respect of land under the provisions of the Real Property Act shall be deemed to be a caveat for the purposes of section 191 of that Act, and the provisions of the Real Property Act relating to caveats shall, so far as applicable and so far as consistent with this Act, apply to every such notice.\n13—Registrar-General to keep index\nAll notices of lien lodged in the General Registry Office shall be numbered consecutively, and the Registrar-General shall keep an alphabetical index containing the names of all persons giving notices of liens and of the persons named in such notices as owners or occupiers.\n14—Notices of lien open to inspection\nAll notices of lien, and the indexes thereof, shall be open to inspection by any person during the hours and upon the days appointed for search in the General Registry Office, upon payment of the prescribed fee.\n15—Liens to cease in certain events\nEvery lien under this Act upon the estate or interest of any owner or occupier shall cease unless an action shall be brought against the owner or occupier for enforcement of the lien within fourteen days from the registration thereof.\n16—Satisfaction of lien to be recorded\nThe Registrar-General upon payment of the prescribed fee and proof to his satisfaction that any person who has registered a lien has failed in an action to enforce the same, or that no such action has been brought by him against the owner or occupier within fourteen days from registration or having been so brought has been discontinued without an order of the court giving further time to bring a fresh action to enforce the lien, which order the court is empowered to make, or that any claim made or judgment obtained against the owner or occupier has been satisfied by payment or otherwise, or in any case where the owner or occupier shall have deposited with the Registrar-General the amount claimed in respect of the lien, either in discharge of such lien or to abide the event of an action to enforce the same, or to recover the amount so deposited, shall make on the proper folium of the Register Book if the lien is registered there or otherwise on the notice of lien a memorandum that the lien has ceased, and upon such entry the lands affected by such notice shall be discharged from the lien.\n17—Proceedings to compel Registrar-General to record lien in event of refusal\nIf the Registrar-General shall refuse to make the memorandum that any lien has ceased, the owner or occupier may apply to a judge of the Supreme Court or District Court or a magistrate in a summary manner to direct the Registrar-General to make such memorandum, and notice of such application shall be given by posting the same in a registered letter two clear days at least before such application shall be heard to the person who has given the notice of the lien to his address mentioned in such notice, and he shall be entitled to be heard on the application.\n18—Judge or magistrate may make order\nUpon the hearing of such application the judge or magistrate may make such order in respect thereof as shall be just and the Registrar-General shall obey such order, and the costs of and incidental to such application shall be in the discretion of the judge or magistrate.\n19—Enforcement of lien on goods under section 4(2)\n\t(1)\tAny person entitled to a lien under section 4 subsection (2) hereof may give to the owner or occupier, his manager, or overseer, or leave for him at his residence or place of business, or may send to him by registered letter to his last known address, a notice in writing, demanding payment of the wages due to him, and stating the amount thereof and the nature of the claim; and from the giving or leaving of such notice such goods shall not be removed by the owner or occupier, or any person on his behalf, from the land until the wages of such person, to the extent of his lien, have been paid, or an agreement permitting the removal of the goods shall have been made.\n\t(2)\tEvery such person shall, within fourteen days after giving or leaving such notice, commence an action to enforce his lien, otherwise such lien shall cease.\n20—Mortgagee may pay wages or contract price and may recover wages or contract price paid by him\nWhere a lien under this Act attaches to the estate or interest in land of any owner or occupier or to any goods any person interested in such land or goods as mortgagee, incumbrancee, or pledgee, whether his interest is or is not subject to such lien, may pay the wages or contract price in respect of which the lien exists, together with all costs, charges, and expenses of and incidental thereto, and shall, on demand, be entitled to recover the same from the mortgagor, encumbrancer, or pledgor, together with interest thereon, at the rate of eight per centum per annum, calculated from the date of payment, and the moneys so paid with interest as aforesaid, shall be a charge on the estate or interest or the goods as if originally portion of the moneys secured by the mortgage, incumbrance, or pledge.\nPart 3—Legal procedure\n21—Action to enforce lien or charge\nAny person entitled to a lien or charge under this Act may bring an action to enforce such lien or charge, or to recover any amount deposited under section 16, in any court in which the wages or contract price in respect of which such lien or charge is claimed could have been recovered against the person primarily liable therefor.\n22—Procedure in case of deposit\nIn case of deposit under section 16 of the amount claimed in respect of a lien, an action to recover the amount so deposited may be brought within fourteen days from the registration of the lien, but not after, and if such action be not so brought the amount so deposited shall be repaid by the Registrar-General to the person who deposited the same.\n23—Person primarily liable may be joined in action to enforce lien or charge\nIn every action to enforce a lien or charge or to recover an amount deposited under section 16, the person primarily liable for the wages or contract price may be joined as a defendant unless judgment has already been obtained against him, and judgment in such action shall be given against the person primarily liable for the full sum due by him, and an order shall be made for the enforcement of the lien or charge, or the payment of the money deposited or otherwise in relation thereto as shall be just, but shall not prejudice the right of the plaintiff to enforce any other lien or charge to which he shall be entitled under this Act.\n24—Certificate of judgment prima facie evidence\nWhen a judgment has been obtained against the person primarily liable for wages, or contract price or part thereof, the production of a certificate of such judgment specifying such wages or contract price or part thereof and purporting to be signed by the proper officer of the court in which such judgment has been obtained, shall in all cases be prima facie proof that the wages or contract price or part thereof in respect of which such judgment has been obtained are due.\n25—Order for enforcement of lien or charge, how carried into effect\n\t(1)\tAn order for the enforcement of a lien or liens may be carried into effect by a writ or warrant from the court for the sale of the estate or interest in land or the goods the subject of the lien.\n\t(2)\tAn order for the enforcement of a charge may be carried into effect in like manner as a judgment of the court making the order by execution against the goods and land of the person against whom such order shall be made.\n\t(3)\tAny order for the payment of money deposited under section 16 shall be obeyed by the Registrar-General, who need not, however, be a party to the action.\n26—Person affected by lien or charge may pay money into court\n\t(1)\tIn case of an action to enforce a lien the person against whose property such lien is sought to be enforced or any person interested in such property may by payment into court of the amount claimed in respect thereof relieve himself and the property from liability with regard to the lien or in respect of the costs of further proceedings.\n\t(2)\tIn case of an action to enforce a charge the person against whom such charge is sought to be enforced may by payment into court of the amount claimed in respect thereof relieve himself of all further liability in respect of such charge or in respect of the costs of further proceedings.\n27—Court may order detention, inspection etc\nIn case of an action to enforce a lien or charge the court in which such action is brought may, upon the application of any party with or without notice to any other party, make any order for the detention, preservation, or inspection of any property concerned, and may for any purpose ancillary or incidental to the action authorise any person to enter upon or into any land or building in the possession of any party to the action.\n29—Claims that may be included in actions to enforce lien or charge\nIn any action to enforce a lien or charge—\n\t(a)\tthe claims of any number of persons may be included and claims against any persons interested in the subject matter of the action or in any contract or sub-contract out of which the claim in the action arises may be included, but if it appears to the court that any of such claims cannot conveniently be tried or dealt with in such action the court may order separate trials or separate actions in respect of any of such claims;\n\t(b)\tthe court may deal with any claim relating to or connected with the original subject of the action and made by any party to the action against any person whether already a party to the action or not, who shall have been duly served with notice in writing of such claim in accordance with the rules of the court, and may grant relief in respect of such claim as if such person had been defendant to an action under this Act. Every person so served with notice shall thenceforth be deemed a party to such action, and shall have the same rights in respect of his defence against or counter-claim to such claim and with respect to any claim over against any other person as if he had been a defendant to such action and the party claiming against him had been plaintiff.\n30—Person interested in subject matter may be made a party\nAny person claiming to be interested in the subject matter of an action under this Act may apply to the court to be made a party to the action, and the court may make such order in respect of such application and of the subsequent proceedings in relation to such person as shall be just.\n31—Lienor may pay moneys due to mortgagee of chattels\n\t(1)\tAny person who has obtained an order for the enforcement of a lien under this Act upon any goods subject to a registered mortgage may pay the mortgagee, who shall receive, the principal moneys secured by his mortgage, with interest up to the date of such payment, at the rate provided for in such mortgage, notwithstanding the principal moneys shall not be due, or may pay such principal moneys and interest into the court making the order, which court shall on application by the mortgagee order payment thereof to him.\n\t(2)\tOn payment to the mortgagee or into court under subsection (1) the goods shall be discharged from the mortgage, but the sum secured by the lien shall be increased by the amount so paid, and the order for the enforcement of the lien shall be enlarged accordingly.\n\t(3)\tAny principal moneys paid under subsection (1) shall carry interest in favour of the person paying the same at the same rate as under the mortgage.\n32—Claim or registration may be cancelled\nAny person alleging that he is prejudicially affected by a claim, lien, or charge, or by registration under this Act, may at any time apply to the court to have such claim or registration cancelled or the effect thereof modified, and such order may be made as may be deemed just.\n33—Penalty for claim with intent to defraud\nIf any person vexatiously or without any reasonable grounds, and with intent to defraud, gives notice of claim, lien, or charge, or registers any lien, such person shall be guilty of an offence against this Act, punishable, on summary conviction, by a penalty not exceeding one hundred dollars or by imprisonment for a term not exceeding six months.\n34—Penalty for vexatious claim\nIf any person vexatiously or without any reasonable grounds gives notice of claim, lien, or charge, or registers any lien, such person shall be liable to pay to any person prejudicially affected thereby such compensation not exceeding twenty dollars, as a court on a summary application may fix and determine.\n36—Jurisdiction etc of courts preserved\nNothing in this Act shall affect the provisions of the law for the time being relating to the jurisdiction and practice of a court, except where inconsistent with this Act or any regulation made hereunder.\n37—Costs\nThe costs of all proceedings shall be in the discretion of the court in which such proceedings are taken, which may also make such order as it shall deem just in reference to proceedings preliminary to action in relation to the registration or discharge of liens and the giving of notices and otherwise, but, unless a court having jurisdiction in the matter shall for good cause otherwise order, any owner or occupier may charge upon and deduct from any contract price payable by him, as specified in section 6, his reasonable cost of obtaining the discharge of any lien and the making of a memorandum by the Registrar-General that any lien has ceased.\nPart 4—Miscellaneous\n39—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n41—Persons having lien at common law may sell\nEvery person who has bestowed work or materials upon any chattel or thing in altering the condition thereof, or improving the same, and who is entitled to a lien on such chattel or thing at common law, may, while such lien exists, if the amount due to him in respect of such lien remains unpaid for one month after the same has become due, sell such chattel or thing by public auction, upon giving to the owner thereof, or posting to him at his last known place of abode in South Australia fourteen days before such sale, a notice in writing, by registered letter, stating the amount of the debt, a description of the chattel or thing to be sold, the time and place of sale, and the name of the proposed auctioneer.\n42—Application of proceeds of sale\n\t(1)\tUpon any sale under the last preceding section the proceeds arising therefrom shall be applied in payment of the amount in respect of which such lien exists, and of the costs of and incidental to such sale, and any surplus shall forthwith be paid to the Magistrates Court to be held for the benefit of the person entitled to it.\n\t(2)\tThe Magistrates Court may, on the application of the person entitled to the surplus, order payment of the surplus to the person.\n43—Wages of worker when deemed to be payable monthly\nWhenever any contract shall hereafter provide for payment of wages to any worker at longer intervals than from month to month, the wages of such worker shall, notwithstanding such provision, be deemed to be payable monthly, computing from the date of the commencement of the work.\n44—Other remedy not prejudiced\nNothing in this Act shall prejudice any other remedy which any person may have in respect of any contract price or wages payable to him.\n45—Penalty on attempt to deprive worker of lien on goods\nIf any person, after a demand has been made, as provided by section 19, shall conceal, sell, kill, remove, or destroy any goods upon which any worker has a lien under this Act with intent to deprive such worker of his lien, or to delay such worker in the enforcement thereof, or in obtaining payment of his wages, he shall be guilty of an offence against this Act, punishable on summary conviction by a penalty not exceeding one hundred dollars, or by imprisonment for a term not exceeding six months.\n47—Duties of Registrar-General\nThe Registrar-General and every officer under him shall be liable to the same penalties and consequences for neglect or default in respect of the duties imposed by this Act as if such duties were imposed under the Real Property Act.\n48—Lands etc of Crown not affected by this Act\nNothing in this Act contained shall create or give any right or remedy against land vested in Her Majesty or in any person for or on behalf of the Government or increase or change the liability of Her Majesty, or of any person procuring the performance of work for or on behalf of the Government and, except as between the contractors, sub-contractors, and workers, this Act shall not apply to such work.\n49—Act to apply to land under Real Property Act\nNotwithstanding the provisions of the Real Property Act 1886 this Act shall apply to land subject to the provisions of the said Real Property Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nThe Workmen's Liens Act 1893\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1893\n575\nThe Workmen's Liens Act 1893\n23.12.1893\n27.1.1894 (Gazette 25.1.1894 p173)\n1896\n658\nAn Act to amend the Workmen's Liens Act 1893\n19.12.1896\n19.12.1896\n1936\n2293\nStatute Law Revision Act 1936\n8.10.1936\n8.10.1936\n1964\n35\nWorkmen's Liens Act Amendment Act 1964\n22.10.1964\n21.6.1973 (Gazette 21.6.1973 p2568)\n1964\n59\nStatutes Amendment (Local Courts and Workmen's Liens) Act 1964\n5.11.1964\ns 8—3.12.1964 (Gazette 3.12.1964 p1715)\n1988\n44\nWorkmen's Liens Act Amendment Act 1988\n5.5.1988\n1.9.1988 (Gazette 11.8.1988 p690)\n2002\n33\nStatutes Amendment (Attorney-General's Portfolio) Act 2002\n28.11.2002\nPt 13 (ss 21—26)—3.3.2003 (Gazette 27.2.2003 p807)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2006\n44\nStatutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 33 (ss 69 & 70)—18.1.2007 (Gazette 18.1.2007 p234)\n2011\n11\nStatutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 27 (s 68)—16.6.2011 (Gazette 16.6.2011 p2610)\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 1 (cll 4 & 5)—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 11 of The Public General Acts of South Australia 1837-1975 at page 630.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/1988 s 3\n1.9.1988\nPt A1\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 1\nsubstituted by 44/1988 s 4\n1.9.1988\ns 2\n\n\ncourt\nsubstituted by 33/2002 s 21\n3.3.2003\nwages\namended by 44/1988 s 5(a)\n1.9.1988\nworker\nworkman amended to read worker by 44/1988 s 5(a)\n1.9.1988\nworkman—see worker\n\n\ns 3\nomitted under Legislation Revision and Publication Act 2002\n3.3.2003\nPt 1\n\n\ns 4\n\n\ns 4(1) and (2)\namended by 44/1988 s 5(a)\n1.9.1988\ns 6\namended by 44/1988 s 5(b)\n1.9.1988\ns 7\n\n\ns 7(1) and (4)\namended by 44/1988 s 5(a)\n1.9.1988\ns 8\n\n\ns 8(1)\ns 8 amended by 44/1988 s 5(b)\n1.9.1988\n\ns 8 amended and redesignated as s 8(1) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 8(2)\ns 8 amended and redesignated as s 8(2) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 9C\ninserted by 11/2011 s 68\n16.6.2011\nPt 2\n\n\ns 10\n\n\ns 10(3)\namended by 44/1988 s 6\n1.9.1988\n\nI and II redesignated as (a) and (b) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 29/2016 Sch 1 cl 4\n4.7.2016\ns 12\namended by 29/2016 Sch 1 cl 5\n4.7.2016\ns 14\namended by 44/1988 s 7\n1.9.1988\ns 16\namended by 44/1988 s 8\n1.9.1988\ns 17\namended by 33/2002 s 22\n3.3.2003\ns 18\namended by 33/2002 s 23\n3.3.2003\nPt 3\n\n\ns 24\namended by 44/1988 s 9\n1.9.1988\ns 28\ndeleted by 44/1988 s 10\n1.9.1988\ns 29\namended by 44/1988 s 11\n1.9.1988\n\nI and II redesignated as (a) and (b) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 33\namended by 44/2006 s 69\n18.1.2007\ns 35\namended by 44/1988 s 12\n1.9.1988\n\ndeleted by 33/2002 s 24\n3.3.2003\ns 36\namended by 33/2002 s 25\n3.3.2003\nPt 4\n\n\ns 39\nsubstituted by 44/1988 s 13\n1.9.1988\nss 40 and 40A\ndeleted by 44/1988 s 14\n1.9.1988\ns 42\n\n\ns 42(1)\ns 42 amended and redesignated as s 42(1) by 33/2002 s 26(a), (b)\n3.3.2003\ns 42(2)\ninserted by 33/2002 s 26(b)\n3.3.2003\ns 43\namended by 44/1988 s 5(a)\n1.9.1988\ns 45\namended by 44/1988 s 5(a)\n1.9.1988\n\namended by 44/2006 s 70\n18.1.2007\ns 48\namended by 44/1988 s 5(b)\n1.9.1988\nHistorical versions\nReprint No 1—15.1.1992\n\nReprint No 2—3.3.2003\n\nReprint No 3—24.11.2003\n\n18.1.2007\n\n16.6.2011\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The submission contained only a website 404 error page, not the content of the Worker's Liens Act 1893."},"complexity_factors":["No legislative text was actually provided — only a website error page was captured","Cannot assess true complexity without access to the Act's provisions","Score of 2 reflects the minimal, non-substantive content available for analysis rather than the likely complexity of the underlying Act","The Act's 1893 origin suggests it may use archaic legal drafting, which would increase complexity if the text were available"],"plain_english_summary":"**No legislation content was retrievable.**\n\nThe link provided for the *Worker's Liens Act 1893* (South Australia) returned a **404 Page Not Found** error from the SA legislation website. The actual text of the Act was not loaded — only the website's error page was captured.\n\n**What is known about this Act from general legal knowledge:**\nThe *Worker's Liens Act 1893* (SA) is a piece of South Australian legislation that historically gave workers (and sometimes contractors/suppliers) a legal claim — called a **lien** (a right to hold onto or claim against property until a debt is paid) — over land or buildings they had worked on or supplied materials for, if they hadn't been paid. It was designed to protect tradespeople, labourers, and contractors from non-payment by landowners or head contractors.\n\n⚠️ **Important caveat:** Because the actual legislative text was not provided, no reliable detailed analysis of the current provisions, amendments, or scope of this Act can be made. The Act dates from 1893 and may have been significantly amended, repealed, or replaced since then.\n\n**What you should do:** Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name to access the current version."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The current text incorporates features not present in a bare 1893 lien statute: it explicitly integrates with the Real Property Act framework (treating lodged notices as caveats, section 12; applying to land under the Real Property Act, section 49), adds a provision making a part of the Commonwealth Personal Property Securities Act 2009 applicable to interests under this Act (section 9C), and explicitly provides for liens for materials whether or not they are connected to other work (section 9B). The Act also contains modernised administrative detail (Registrar‑General indexing and electronic/conveyancing‑related amendments reflected in the legislative history) and revised terminology (e.g. worker replacing workman). Those textual additions broaden the Act’s operational scope by linking its rights into contemporary land‑registration and personal‑property securities systems and by widening the classes of property and materials covered."},"complexity_factors":["Multiple classes of claimants (workers, subcontractors, contractors) with different rights and priority rules (section 8).","Time-critical, short statutory windows for registration and commencing actions (register within 28 days under section 10(1); action within 14 days after registration under section 15; charges lapse under section 7(3)).","Interaction with other property regimes: Real Property Act caveat rules (section 12; section 49) and an explicit cross‑reference to the Personal Property Securities Act (section 9C).","Different types of subject matter (estates in land, fixtures, goods on land, money payable under contracts) each treated differently (sections 4–7, 19, 25).","Detailed procedural and administrative requirements for registration, indexing, notices and fees administered by the Registrar‑General (sections 10(3), 11, 13, 14, 47).","Overlap between administrative (Registrar‑General) duties and judicial remedies and discretions (sections 17–18; 21–27; 32; 37), creating multiple decision points.","Specific monetary caps and limits that interact with enforcement mechanics (sections 4(3), 7(4), 20).","Penalties and remedies for misuse requiring contempt/summary proceedings and civil applications (sections 33–34, 32)."],"plain_english_summary":"## What this law does, who it affects, and how it works\n\nThis Act creates formal, enforceable security rights (liens and charges) that let workers, subcontractors and contractors secure unpaid wages or parts of the contract price against property connected with the work. It sets out what kinds of work and materials qualify, how those rights are registered and enforced, the order in which competing claims are paid, time limits, and penalties for false or vexatious claims.\n\nMechanics (what the instrument changes mechanically)\n\n- Who gets a right and to what: a worker who does manual work or personal service can have a lien on the owner’s or occupier’s estate or interest in land (or, in pastoral/agricultural/horticultural/mining contexts, on goods on the land) where the work or materials were done or used with the owner’s assent (see section 4(1)–(2)). Contractors and subcontractors have a lien for the contract price so far as accrued (section 5). Liens can also be created for materials furnished even if not connected with other work (section 9B).\n\n- Size and limits: a worker’s lien or charge is limited to four weeks’ wages (or wages for work not occupying more than four weeks) and in any case capped at two hundred dollars (section 4(3); section 7(4)). Charges attach only to the money payable for the relevant contract portion and do not cover amounts outside a contract binding the owner or occupier (section 6; section 7(3)).\n\n- Priority between claimants: liens and charges rank in this order: workers first, subcontractors second, contractors third (section 8(1)). Persons in the same class share ratably (section 8(2)).\n\n- Relationship to other property interests: a lien takes priority over dealings, mortgages or charges not registered before the lien is registered, but is subject to any dealing that was registered before the lien (section 9). The Act also provides that no unregistered estate or interest prevails against a registered lien (section 9A). Section 9C makes an identified provision of the Commonwealth Personal Property Securities Act 2009 apply to interests arising under this Act.\n\n- Registration and timing: to be effective against land, a lien must be registered within 28 days after the wages or contract price have become due (section 10(1)). The Act defines when amounts are \"deemed\" to have become due for registration purposes (section 10(2)). Notices are lodged in the General Registry Office in a Registrar-General approved form with the prescribed fee (section 10(3)). A lodged notice is treated like a caveat where the estate is registered under the Real Property Act (section 12). The Registrar‑General records and indexes notices and must send copies to owners/occupiers (section 11, 13).\n\n- Enforcement and short procedural windows: after a lien is registered the lienor must start an action to enforce it within 14 days of registration or the lien ceases (section 15). There are separate short time limits and conditions for charges on money to be enforced (section 7(3)). Courts can order sale of land or goods subject to the lien, issue detention/inspection orders, and join the person primarily liable as defendant (sections 25, 27, 23). A mortgagee or other person interested may pay the wages or contract price to protect their interest and recover the payment with interest (section 20).\n\n- Remedies, offsets and overlaps: the owner or occupier can discharge a lien by depositing the claimed amount in court (section 10(5); section 26). A person prejudicially affected may apply to the court to cancel a claim or registration (section 32). The Act preserves other remedies (section 44) and includes penalties for fraudulent (section 33) or vexatious claims (section 34) and for attempts to destroy or remove goods to defeat a lien (section 45).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: the practical burden falls on owners or occupiers of land (and their mortgagees or purchasers) when a lien attaches to their estate or goods (section 4(1)–(2); section 5). Mortgagees who pay liens to protect their security may recover those sums with interest from the mortgagor (section 20). Contractors may also be liable where they are primarily responsible for wages or contract price (section 23). Persons who deposit money in court to discharge a lien pay that amount until litigation resolves the claim (section 16, 26).\n\n- Who decides: the Registrar‑General decides as to registration, indexing and making caveat memoranda (sections 10(3), 11, 13). Courts decide on enforcement, orders for sale or detention, cancellation of registrations, and costs (sections 21, 25, 27, 32, 37). The Registrar‑General must follow court orders concerning entries (sections 17–18).\n\n- Behaviour changes the Act incentivises:\n  - Workers, subcontractors and contractors are incentivised to register liens and to bring prompt court actions because of tight statutory time limits (sections 10(1), 15, 7(3)).\n  - Owners/occupiers are incentivised to monitor registrations, to deposit disputed amounts in court or to discharge liens quickly to avoid encumbrances (sections 10(5), 16, 26).\n  - Mortgagees and secured parties have incentives to pay wages or contract amounts that would otherwise injure their security and then recover those sums (section 20, 31).\n  - Parties may use registration as leverage to prompt payment; the Act provides criminal and civil remedies against fraudulent or vexatious uses (sections 33–34), and courts can cancel registrations (section 32).\n\nCosts, incentives, trade-offs and implementation points (based on the statutory mechanics)\n\n- Compliance and administrative costs: claimants must follow prescribed forms, pay fees and lodge notices in the General Registry Office (section 10(3)), and Registrar‑General staff must maintain indexes, send notices and record memoranda (sections 11, 13, 47). Search and inspection of notice records is available for a prescribed fee (section 14). Those are explicit recurring administrative costs for both private parties and government registry staff.\n\n- Short enforcement windows raise implementation risk for claimants: liens can lapse quickly if claimants do not register or commence action within statutory windows (register within 28 days under section 10(1); commence action within 14 days of registration under section 15). Those time limits shift costs onto claimants to act quickly or risk losing the security.\n\n- Effects on lending and transactions in land: because registered liens take priority over later dealings (section 9), purchasers and lenders must check the registry and caveat records. The Act also treats certain lodged notices as caveats under the Real Property Act (section 12). That creates an additional due‑diligence step for transactions and may affect the timing and cost of conveyancing.\n\n- Interactions with other regimes: the Act expressly ties into the Real Property Act framework (section 12; section 49) and incorporates an identified application of the Commonwealth Personal Property Securities Act 2009 (section 9C). Those cross-references mean parties must account for how this Act functions alongside property and personal-property‑securities law.\n\n- Allocation of risk and payment sequencing: the statutory priority ordering (section 8(1)) concentrates immediate, primary benefit on workers (and then subcontractors and contractors). Mortgagees can protect themselves by paying the lien and adding the amount to their security (sections 20 and 31). The statute therefore shifts some short‑term payment risk away from secured lenders who are diligent, and toward owners/occupiers and to claimants who fail to follow procedural steps.\n\n- Remedies and safeguards against misuse: the Act provides criminal penalties and civil compensation for fraudulent or vexatious claims (sections 33–34), and courts can cancel or modify registrations (section 32). Those measures create legal disincentives against abusive filings but require litigation or prosecution to enforce.\n\nTrade-offs and likely behavioural effects (mechanism-focused)\n\n- Concentrated benefits and diffuse costs: the direct, concentrated beneficiaries are workers, subcontractors and contractors who recover unpaid sums via property encumbrance (sections 4–7). The costs are borne more diffusely by owners/occupiers, mortgagees and purchasers who must monitor and clear registrations (sections 9, 11, 12). This creates predictable incentives for parties to increase due diligence and for mortgagees to protect their security.\n\n- Substitution of enforcement routes: because the Act preserves other remedies (section 44), some claimants will choose liens or charges as an alternative to ordinary debt recovery; the statutory time limits and priority benefits shape which route is chosen.\n\n- Administrative discretion and judicial oversight: Registrar‑General processes and court discretions are central: registration, indexing and caveat treatment are administrative, while enforcement, cancellations and orders are judicial (sections 10–13; 17–18; 21–27). The system therefore depends on timely administrative action and access to courts to realize rights.\n\nKey implementation risks and opportunity costs\n\n- Opportunity cost for claimants: time, filing fees and litigation costs required to preserve and enforce a lien (sections 10(3), 15, 21).\n- Risk of losing the lien for failure to meet short deadlines (sections 10(1), 15, 7(3)).\n- Potential transactional friction in land and credit markets because registered liens can block or complicate later dealings (sections 9, 12). Where parties or registries do not coordinate efficiently, the friction increases transaction costs.\n\nSelective statutory features worth noting\n\n- Low caps for worker liens: statutory cap of four weeks’ wages and a monetary cap of two hundred dollars (section 4(3); section 7(4)).\n- Notices treated as caveats in the Torrens-type register where applicable (section 12).\n- Explicit link to Commonwealth Personal Property Securities law for interests under this Act (section 9C).\n\nIn short: the Act grants time‑limited, registrable security for unpaid wages and contract sums and sets a clear priority order and administrative route (registration with the Registrar‑General and enforcement in court). It creates predictable incentives for workers to register promptly and for owners, purchasers and mortgagees to monitor and react to registered liens. Those mechanics create administrative and litigation costs, impose strict timing discipline on claimants, and interact with existing land and personal property security systems (sections cited above)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1893 as the Workmen's Liens Act, the legislation was narrowly focused on manual labourers and builders. Over 130 years of amendments, the scope has expanded significantly: (1) gender-neutral language ('worker' replacing 'workman') in 1988 broadened coverage to all genders; (2) the 2011 amendment incorporated the Commonwealth Personal Property Securities Act, connecting this 19th-century regime to national secured transactions law; (3) modern court structures (District Court, Magistrates Court) replaced 19th-century local courts; (4) electronic conveyancing updates in 2016 integrated the Act with modern land registration systems. The Act now operates within a vastly different commercial and legal ecosystem than its original drafters contemplated, though the core mechanic — protecting unpaid workers through property liens — remains intact."},"complexity_factors":["Multiple overlapping categories of claimants (workers, sub-contractors, contractors) with different priority rules and monetary caps","Dual registration systems — one for land under the Real Property Act (deemed caveats) and one for unregistered land (General Registry Office notices)","Strict time limits: 28 days to register, 14 days to commence action after registration, 28 days to enforce charges","Cross-references to external legislation including the Real Property Act 1886, Personal Property Securities Act 2009 (Cth), and Bankruptcy Act 1924 (Cth)","Conditional logic throughout — e.g., section 6 limits liens to 'portion of contract price unpaid at time of notice', section 9 creates priority rules based on registration timing","19th-century procedural machinery (registered letters, public auctions, Magistrates Court surplus handling) layered with modern amendments","Distinguished treatment of 'liens' (security over property) versus 'charges' (security over money owed) with different enforcement mechanisms","Specific exceptions for Crown land and government work in section 48"],"plain_english_summary":"**What this law does:**\n\nThis Act gives workers, contractors, and sub-contractors in South Australia a legal right to claim security for unpaid wages or contract payments. If someone does work on land, buildings, or goods but doesn't get paid, they can register a \"lien\" (a legal claim) against the property they worked on. This acts like a mortgage — the property can't be sold or refinanced until the worker gets paid.\n\n**Who it affects:**\n\n- **Workers** — people doing manual labour or personal services (capped at 4 weeks' wages or $200, whichever is less)\n- **Contractors** — main builders or service providers\n- **Sub-contractors** — people hired by contractors\n- **Property owners and occupiers** — anyone who has work done on their land or goods\n- **Mortgagees and lenders** — banks and financiers who need to know if liens exist on property they have an interest in\n\n**Key protections:**\n\n- Workers get **first priority** for payment, ahead of sub-contractors and contractors\n- Liens must be **registered within 28 days** of wages becoming due, or they expire\n- Registered liens beat unregistered mortgages, but lose to mortgages registered earlier\n- Workers on farms and mines can claim against **goods** (livestock, equipment, produce) as well as land\n- It's a criminal offence to try to hide or remove goods to avoid paying a worker's lien\n\n**Why it matters:**\n\nThis is a 130-year-old safety net that stops workers from being left empty-handed when builders or property owners go bust. It recognises that people who physically improve property should have a better claim to payment than unsecured creditors. The Act has been updated over time — notably changing \"workmen\" to \"worker\" in 1988 to include women, and connecting to modern personal property securities law in 2011."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/worker-s-liens-act-1893","history":"/api/acts/worker-s-liens-act-1893/history","analysis":"/api/acts/worker-s-liens-act-1893/analysis","conflicts":"/api/acts/worker-s-liens-act-1893/conflicts","importantCases":"/api/acts/worker-s-liens-act-1893/important-cases","documents":"/api/acts/worker-s-liens-act-1893/documents"}}