This regulation sets minimum standards for pastoral workers’ housing: occupiers must provide accommodation that meets the Queensland Development Code (part MP 5.6) and additional hygiene, adequacy, water/fuel and facility requirements, with different rules for resident and non‑resident workers. It affects any occupier who supplies worker housing by creating construction, maintenance and equipment obligations and daily operational duties. Occupiers bear compliance costs and decision-making responsibility (see secs 4–8, 10–13); existing dwellings remain governed by the prior 2003 regulation (sec 15).
The Pastoral Workers’ Accommodation Regulation 2015 (Qld) is a subordinate instrument that mechanically replaces the 2003 regulation of the same name. It prescribes the physical standard, content, and maintenance of accommodation that the “occupier” of a pastoral premises must provide to workers under sections 8 to 11 of its parent Act (which the regulation does not name, but which is evidently the Industrial Relations Act 1999 or the Pastoral Workers’ Accommodation Act , the regulation itself only says “the Act”). The regulation came into force on 31 August 2015.
Its core function is to set a single compliance pathway by cross-referencing the Queensland Development Code part MP 5.6 (part MP 5.6) and then adding its own “additional requirements” where the Code is silent. For example, the regulation demands separate male and female toilet facilities even if part MP 5.6 does not require them (section 4(5)). Any accommodation provided under sections 8 to 11 of the Act is “taken to be provided” only if it meets both the Code and these additional requirements (section 3). In practical terms, this means a pastoral station owner cannot simply rely on the building code for a shed or cottage; they must also satisfy the regulation’s specific schedule and general duties.
The regulation creates two distinct tiers of accommodation: one for “resident workers” (Part 3) and one for “non-resident workers” (Part 4). A resident worker lives on the property; a non-resident worker does not. The non-resident tier is further split by headcount: if an occupier employs four or more non-resident workers and a cook, the full resident-worker requirements apply except that sleeping accommodation is needed only for the cook and schedule 1 section 9 (likely a detailed sleeping-space requirement) does not apply (section 12). If the occupier has fewer than four workers or does not employ a cook, the residential requirements still apply but with larger carve-outs: schedule 1 sections 2, 3(1)(2)(c)(3), 6, and 9 do not apply, and the occupier must instead provide an electric or gas water boiler and a coffeepot or teapot (section 13). This creates a peculiar incentive: hiring a fifth worker plus a cook triggers more onerous kitchen and dining duties but also eliminates the need for a kettle.
Current sections
Direct links to the current provisions in Pastoral Workers’ Accommodation Regulation 2015.
23
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Pastoral Workers’ Accommodation Regulation 2015 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 31 August 2015.
pt.2
Provision of accommodation
Provision of accommodation
sec.3
Prescribed accommodation that occupier must provide— Act , ss 8 – 11
sec.3 Prescribed accommodation that occupier must provide— Act , ss 8 – 11
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 .
sec.4
Compliance with Queensland Development Code, pt MP 5.6 and additional requirements
sec.4 Compliance with Queensland Development Code, pt MP 5.6 and additional requirements
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.
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 .
(sec.4-ssec.1) The accommodation must satisfy the performance criteria stated in the Queensland Development Code, part MP 5.6 ( part MP 5.6 ).
(sec.4-ssec.2) 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.
(sec.4-ssec.3) This regulation may impose an additional requirement for accommodation prescribed under this part that is not stated under part MP 5.6 ( additional requirement ).
(sec.4-ssec.4) If there is an additional requirement, the accommodation must satisfy part MP 5.6 and the additional requirement. 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.
(sec.4-ssec.5) In this section— Queensland Development Code see the Building Act 1975 , section 13 .
(a) the acceptable solution for the criterion set out opposite the criterion is complied with; or
(b) the criterion is met in a way that is at least equivalent to the acceptable solution set out opposite the criterion.
sec.5
Accommodation to be in good order and repair and appropriate for purpose
sec.5 Accommodation to be in good order and repair and appropriate for purpose
The accommodation must be in good order and repair, in a hygienic condition and otherwise appropriate for its purpose.
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.
• 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.
sec.6
Accommodation must be adequate
sec.6 Accommodation must be adequate
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.
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.
(sec.6-ssec.1) The accommodation must be adequate for the reasonable requirements of workers accommodated.
(sec.6-ssec.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.
(sec.6-ssec.3) In this section— adequate means adequate in capacity, number or quantity for the number of workers accommodated. 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.
• 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.
sec.7
Sole use of accommodation
sec.7 Sole use of accommodation
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.
(sec.7-ssec.1) The accommodation must be provided for the sole use of accommodating a worker, or the worker and the worker’s family.
(sec.7-ssec.2) 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.
sec.8
Water or fuel supply
sec.8 Water or fuel supply
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.
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.
• 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.
pt.3
Accommodation for resident workers
Accommodation for resident workers
sec.9
Accommodation requirements prescribed in pt 3
sec.9 Accommodation requirements prescribed in pt 3
This part prescribes accommodation that must be provided for resident workers under section 8 (1) or 9 (2) of the Act .
sec.10
Accommodation for resident workers— Act , ss 8 and 9
sec.10 Accommodation for resident workers— Act , ss 8 and 9
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 .
(sec.10-ssec.1) 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.
(sec.10-ssec.2) The accommodation and facilities stated in subsection (1) must comply with schedule 1 .
(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.
pt.4
Accommodation for non-resident workers
Accommodation for non-resident workers
sec.11
Accommodation requirements prescribed in pt 4
sec.11 Accommodation requirements prescribed in pt 4
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.
(sec.11-ssec.1) This part prescribes the accommodation that must be provided for non-resident workers under section 10 (1) of the Act .
(sec.11-ssec.2) To comply with this part, the occupier need only provide the accommodation at 1 location on the premises.
sec.12
Accommodation requirements for 4 or more non-resident workers and cook
sec.12 Accommodation requirements for 4 or more non-resident workers and cook
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.
(sec.12-ssec.1) This section applies if an occupier employs 4 or more non-resident workers and a cook.
(sec.12-ssec.2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker were a resident worker.
(sec.12-ssec.3) 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.
(a) sleeping accommodation need only be provided for the cook; and
(b) schedule 1 , section 9 does not apply to the occupier.
sec.13
Accommodation requirements if s 12 does not apply to occupier
sec.13 Accommodation requirements if s 12 does not apply to occupier
This section applies if section 12 does not apply to an occupier.
Part 3 and schedule 1 apply to the occupier as if each non-resident worker employed by the occupier were a resident worker.
However, in applying part 3 , the following provisions of schedule 1 do not apply to the occupier—
section 2 ;
section 3 (1) , (2) (c) and (3) ;
section 6 ;
section 9 .
Also, the occupier must provide the following—
an electric or gas appliance for boiling drinking water;
a coffeepot or teapot.
(sec.13-ssec.1) This section applies if section 12 does not apply to an occupier.
(sec.13-ssec.2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker employed by the occupier were a resident worker.
(sec.13-ssec.3) However, in applying part 3 , the following provisions of schedule 1 do not apply to the occupier— section 2 ; section 3 (1) , (2) (c) and (3) ; section 6 ; section 9 .
(sec.13-ssec.4) Also, the occupier must provide the following— an electric or gas appliance for boiling drinking water; a coffeepot or teapot.
(a) section 2 ;
(b) section 3 (1) , (2) (c) and (3) ;
(c) section 6 ;
(d) section 9 .
(a) an electric or gas appliance for boiling drinking water;
(b) a coffeepot or teapot.
pt.5
Miscellaneous
Miscellaneous
sec.14
Worker to clean refuse disposal facilities
sec.14 Worker to clean refuse disposal facilities
This section applies if a resident worker lives alone, or with the worker’s family, at an out-station.
The worker must, at least once every 24 hours—
remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and
burn the refuse, or bury it at least 1m below the ground; and
thoroughly clean the facility.
See also section 16 of the Act .
(sec.14-ssec.1) This section applies if a resident worker lives alone, or with the worker’s family, at an out-station.
(sec.14-ssec.2) The worker must, at least once every 24 hours— remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and burn the refuse, or bury it at least 1m below the ground; and thoroughly clean the facility. See also section 16 of the Act .
(a) remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and
(b) burn the refuse, or bury it at least 1m below the ground; and
(c) thoroughly clean the facility.
pt.6
Transitional provision for repealed regulation
Transitional provision for repealed regulation
sec.15
Application of repealed regulation to existing accommodation
sec.15 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.
In this section—
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 2003 as in force immediately before its repeal by this regulation.
(sec.15-ssec.1) 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.
(sec.15-ssec.2) In this section— 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 2003 as in force immediately before its repeal by this regulation.
pt.7
Repeal
Repeal
sec.16
Repeal
sec.16 Repeal
The Pastoral Workers’ Accommodation Regulation 2003 , SL No. 150 is repealed.
Source text
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Pastoral Workers’ Accommodation Regulation 2015 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 31 August 2015.
pt.2 Provision of accommodation
Provision of accommodation
sec.3 Prescribed accommodation that occupier must provide— Act , ss 8 – 11
sec.3 Prescribed accommodation that occupier must provide— Act , ss 8 – 11
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 .
sec.4 Compliance with Queensland Development Code, pt MP 5.6 and additional requirements
sec.4 Compliance with Queensland Development Code, pt MP 5.6 and additional requirements
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.
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 .
(sec.4-ssec.1) The accommodation must satisfy the performance criteria stated in the Queensland Development Code, part MP 5.6 ( part MP 5.6 ).
(sec.4-ssec.2) 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.
(sec.4-ssec.3) This regulation may impose an additional requirement for accommodation prescribed under this part that is not stated under part MP 5.6 ( additional requirement ).
(sec.4-ssec.4) If there is an additional requirement, the accommodation must satisfy part MP 5.6 and the additional requirement. 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.
(sec.4-ssec.5) In this section— Queensland Development Code see the Building Act 1975 , section 13 .
Economically, the regulation imposes substantial compliance costs on pastoral station operators, many of whom are in remote areas where building materials and trades are expensive. The requirement that accommodation be “adequate” (section 6) is defined only in terms of “capacity, number or quantity” , a vague standard that invites subjective enforcement. The examples given (a 170‑litre refrigerator for a family, or that a worker performing mustering work might not need sleeping, kitchen, or laundry accommodation while not residing) are non‑mandatory but signal that an inspector could deem a smaller fridge inadequate. There is no cost‑benefit analysis in the regulation itself; the regulation simply mandates outcomes without regard to the occupier’s ability to pay or the value of the worker’s labour. The transitional provision (section 15) grandfathers accommodation that existed or was under construction before 31 August 2015 under the 2003 regulation, but only as long as that accommodation remains unchanged. This creates a two‑tier compliance burden and potential confusion when renovations occur.
Main concepts
Occupier: The regulation does not define “occupier” but the parent Act likely assigns responsibility to the person who controls the pastoral station and engages the workers. The occupier bears the duty to provide the prescribed accommodation.
Resident worker: A worker who lives on the pastoral premises. They must be provided with sleeping, kitchen, dining, refuse disposal, meat preparation, bathing, toilet, and laundry facilities, all of which must meet schedule 1 (section 10).
Non-resident worker: A worker who does not live on the premises but is provided accommodation at one location on the premises for the duration of their work (section 11(2)). The regulation treats them similarly to resident workers but with carve-outs based on the size of the workforce.
Adequate: Defined in section 6(3) as “adequate in capacity, number or quantity for the number of workers accommodated”. This is an inherently circular definition that gives considerable discretion to an inspector or tribunal. The examples in the section (170 litre refrigerator; mustering worker not needing full accommodation while away) are illustrative, not mandatory, so compliance risk is real.
Good order and repair: Section 5 requires accommodation to be “in good order and repair, in a hygienic condition and otherwise appropriate for its purpose”. The section expands this to require that buildings/structures are maintained and kept clean, and that fittings/furnishings/equipment are maintained, clean, and in working order. This is an ongoing, costly obligation; it is not a one-off fit‑out.
Part MP 5.6 (Queensland Development Code): A performance‑based code for worker accommodation that sets criteria and acceptable solutions. The regulation adopts this as the baseline but adds “additional requirements” (section 4). Compliance can be achieved either by following the prescriptive acceptable solution or by demonstrating an equivalent outcome.
Schedule 1: Referenced extensively in Parts 3 and 4 but not reproduced in the source text. It evidently contains detailed specifications for each type of facility (e.g., room sizes, floor surfaces, ventilation, sanitary fixtures). Without the schedule, a practitioner cannot fully comply; this is a structural gap in the accessible information.
Out-station: A satellite dwelling on a pastoral property. Section 14 imposes a duty on a resident worker who lives alone or with family at an out‑station to remove, burn or bury refuse, and clean the facility every 24 hours. This is a rare example of the regulation imposing a duty on a worker rather than the occupier.
Existing accommodation: Section 15 defines this as accommodation in existence or under construction immediately before the repeal of the 2003 regulation (31 August 2015). It continues to be regulated by the old regulation until it is altered. This concept is critical for any operator who built before the 2015 regulation took effect.
Who it affects
Occupiers of pastoral premises (usually station owners, lessees, or managers) bear the direct cost of compliance. They must assess existing stock, upgrade or build new accommodation, and maintain it to a standard that satisfies part MP 5.6 plus the additional requirements. The regulation does not differentiate by size of operation, land tenure, or remoteness. A small family‑run station with two workers faces the same general duty as a large corporate aggregation; only the non-resident worker carve‑outs temper the burden.
Resident workers and their families are the intended beneficiaries. They receive a legal entitlement to accommodation that is adequate, hygienic, and exclusively for their use (not for storing fertiliser or untreated sheepskin , section 7). The regulation gives them a private right to accommodation that meets a prescribed standard, but enforcement likely lies with the regulator under the parent Act, not a direct cause of action.
Non-resident workers are provided with facilities while they are on station, but the regulation explicitly permits the occupier to provide accommodation at only one location on the premises (section 11(2)). This means a non-resident worker may have to travel to a central point for meals, bathing, and laundry, which could be a significant distance on a large property. The practicality of this is not considered in the regulation.
Cooks: If an occupier employs four or more non-resident workers and a cook, the cook must be provided with sleeping accommodation (section 12). This is the only situation where a non-resident employee is guaranteed a bed. The economic logic is unclear , a cook may be on station for longer periods, but the regulation makes no distinction for other workers who might also need to stay overnight after mustering.
Workers with families: Section 6(2) requires accommodation to be “adequate for the reasonable requirements of the worker and the worker’s family”. The example of a 170‑litre refrigerator gives a benchmark but creates uncertainty about what other items are “reasonable”.
Building certifiers and inspectors: They must assess compliance against part MP 5.6 and must also check for additional requirements that part MP 5.6 does not address. There is no consolidated document; practitioners must cross‑reference two instruments plus schedule 1.
Suppliers of prefabricated accommodation and construction contractors are indirectly affected because the regulation sets a market standard. Any product sold for pastoral worker accommodation in Queensland must meet these rules, which may be more stringent than those in other states.
Key duties and rights
Occupier’s duty to provide compliant accommodation (sections 3-13): The central duty is to ensure that any accommodation provided under sections 8-11 of the parent Act complies with part MP 5.6 and any additional requirements in this regulation. This includes the general duties of good order, repair, hygiene, adequacy, and sole use. The occupier must also provide the specific facilities listed for resident workers (sleeping, kitchen, dining, refuse, meat prep, bathing, toilet, laundry) and for non-resident workers in the modified forms.
Duty of continuous maintenance (section 5): The obligation is ongoing. Fittings, furnishings, and equipment must be maintained, clean, and in working order. A facility that is initially compliant becomes non‑compliant if it falls into disrepair. This creates a perpetual cost that may be overlooked at budgeting time.
Prohibition on misuse (section 7): The accommodation must be for the sole use of accommodating the worker (and family). Hazardous or offensive goods such as fertiliser or untreated sheepskin must not be stored there. This protects workers from health risks but may constrain a station’s limited storage space for agricultural inputs.
Right to adequate water and fuel supply (section 8): Where the accommodation requires a water or fuel supply to function, the occupier must provide an adequate supply. The section gives examples: bathing requires clean water for showering; an electric washing machine requires electricity and water. This implies that if an occupier provides a washing machine (not mandatory), they must also supply the necessary utilities.
Worker’s duty to manage refuse at an out‑station (section 14): This is the only duty imposed on a worker. At an out‑station, a resident worker who lives alone or with family must, every 24 hours: remove refuse to a hygienic location at least 100 metres from any building, burn or bury it at least one metre deep, and clean the facility. Failure to do so could lead to enforcement under section 16 of the parent Act (which is not quoted). This duty is unusual , it transfers a public health and safety responsibility to the worker without compensation or training.
Right to a coffeepot or teapot (section 13): In scopes where section 12 does not apply (i.e., fewer than four non-resident workers or no cook), the occupier must provide an electric/gas water boiler and a coffeepot or teapot. This is a very specific requirement that reflects the historical nature of pastoral work but may seem anachronistic to modern operations. While minor in cost, it illustrates the regulation’s prescriptive style.
Penalties and enforcement
The regulation itself does not prescribe penalty units or create offences. Enforcement would occur under the relevant provisions of the parent Act, which typically impose fines for failure to provide compliant accommodation. The regulation refers to section 16 of the Act (in the note to section 14) , that section likely creates an offence for non‑compliance with regulations. Without seeing the Act, the range of penalties is unknown. However, under Queensland industrial law, penalties can be substantial (e.g., tens of penalty units per breach, with each day a separate offence). A station with multiple workers in multiple buildings could face a very high cumulative penalty if systematic non‑compliance is found.
Inspectors: The parent Act likely authorises inspectors to enter premises, inspect accommodation, and issue compliance notices or infringement notices. The regulation gives no right to remedy in lieu; it simply sets the standard.
Risk of enforcement for subjective standards: The vagueness of “adequate” and “reasonable” means that an inspector’s opinion carries weight. A station owner who installs a 140‑litre refrigerator for a family could be in breach if the inspector deems 170 litres reasonable. There is no safe harbour or deemed‑compliance pathway for disputed adequacy matters.
Worker complaints: Workers may be reluctant to complain for fear of losing employment or housing. The regulation does not provide a whistleblower protection or a mechanism for anonymous complaints. In remote settings, the practical ability to enforce rights is low.
No private right of action: It is unlikely the regulation creates a civil cause of action for workers. Enforcement is typically via the state regulator, which may be underresourced in rural areas.
How it interacts with other laws
Queensland Development Code part MP 5.6 (Building Act 1975): This is the primary baseline. The regulation adopts part MP 5.6 and adds additional requirements. Where part MP 5.6 and the regulation conflict, the regulation prevails because it is a more specific subordinate instrument. For example, separate male and female toilets are required even if part MP 5.6 would accept unisex facilities (section 4(5)).
Parent Act (Industrial Relations Act 1999 or Pastoral Workers’ Accommodation Act): The regulation flows from that Act. Sections 8-11 of the Act mandate the provision of accommodation; the regulation defines what “provision” means. Any enforcement action would be taken under the Act’s penalty provisions.
Work Health and Safety Act 2011 (Qld): A station owner owes a primary duty of care under the WHS Act to ensure the health and safety of workers, including providing safe accommodation. The regulation’s requirements could be used as evidence of what is reasonably practicable. However, the WHS Act imposes a broader, risk‑based duty; compliance with the regulation does not guarantee compliance with WHS obligations. For example, the regulation does not address fire safety beyond what part MP 5.6 covers, but a WHS inspector could still require fire extinguishers and evacuation plans.
Local government building approvals: Construction of new accommodation will require a building development approval (BDA) under the Building Act 1975. The assessment manager must consider part MP 5.6. The additional requirements in the regulation are not part of the Queensland Development Code and may not be picked up in the BDA process, placing the onus on the occupier to self‑identify.
Residential Tenancies and Rooming Accommodation Act 2008: This Act generally does not apply to worker accommodation provided by an employer, but it may affect accommodation that is leased to a worker independently. The regulation’s “sole use” requirement (section 7) may conflict with other uses permitted under a lease.
Anti-discrimination legislation: The requirement for separate male and female toilets may interact with policies on gender‑neutral facilities, but the regulation mandates separation and does not provide an exception for workers who identify as non‑binary.
Amendment history
The source text of the regulation as provided does not show any amendments. It is the 2015 version as originally made. The commencement date is 31 August 2015. It repealed the Pastoral Workers’ Accommodation Regulation 2003 (SL No. 150) (section 16). The transitional provision in section 15 preserves the 2003 regulation for existing accommodation that was in existence or under construction immediately before the repeal. This means two regulatory regimes operate in parallel: new accommodation (after 31 August 2015) must comply with the 2015 regulation; old accommodation (built or under construction before that date) continues under the 2003 regulation until it is altered.
There may have been later amendments to the 2015 regulation (e.g., to schedule 1 or to add new requirements) but those are not in the user’s source text and cannot be assumed. A practitioner must always check the current version on the Queensland Legislation website.
Litigation history
The source text does not cite any cases. Litigation is likely rare because disputes are usually resolved by compliance notices or negotiations rather than court proceedings. However, potential areas of litigation include:
Adequacy and reasonableness: A station owner could challenge an inspector’s ruling that a particular fridge or room size is inadequate. The circular definition of “adequate” would give a tribunal wide discretion, and the examples in section 6 are non‑binding. A decision could turn on expert evidence of what is “reasonable” in a remote area.
Transitional provision: Disputes over whether accommodation was “existing” or “under construction” before the repeal date. If a station built a new shed shortly after 31 August 2015 but claimed it was under construction before, litigation could ensue.
Work health and safety prosecutions: While not directly under this regulation, a prosecution under the WHS Act could rely on a breach of the regulation as evidence of a failure to ensure safety.
Employment‑related claims: Termination of employment following a worker complaint about accommodation might lead to a general protections claim under the Fair Work Act 2009 (Cth). The regulation’s standards would be relevant to whether the worker’s complaint was reasonable.
Rare private nuisance: A worker might attempt a private suit for breach of statutory duty, but that avenue is generally not available for industrial regulations.
Gotchas
Transitional trap: The transitional provision (section 15) preserves the 2003 regulation for existing accommodation. An occupier who adds a new wing to an existing building may inadvertently trigger a requirement to upgrade the entire building to the 2015 standard. The regulation does not define what constitutes a change that removes transitional protection. A prudent owner should assume any renovation to existing accommodation requires full compliance with current rules, not the 2003 rules.
Circular definition of “adequate”: Section 6(3) says adequate means “adequate in capacity, number or quantity for the number of workers accommodated”. This is a tautology and gives no measurable benchmark. The 170‑litre refrigerator example is not mandatory. An inspector could demand a larger fridge or more cupboards without any objective guide. This exposes owners to enforcement on subjective grounds.
Coffeepot/teapot requirement (section 13): For non-resident workers not covered by section 12, the occupier must provide “a coffeepot or teapot”. This is an oddly specific requirement from a bygone era. An aluminium teapot would satisfy the letter, but if a worker complains that the teapot is not suitable for their cultural preference (e.g., they only drink coffee from a plunger), a dispute could arise. The regulation says “or”, not “and”, so one device is enough. Still, it is a low‑cost but easily overlooked item that may be missed in a fit‑out.
No sleeping accommodation for most non-resident workers: Under section 12, if there are four or more non-resident workers and a cook, only the cook gets sleeping accommodation. Section 13 (fewer workers) omits sleeping accommodation entirely. So a non-resident worker who unexpectedly needs to stay overnight due to weather or broken‑down transport has no legal right to a bed. The regulation does not address safety or welfare in that scenario.
Sole use restriction and fertiliser: Section 7 prohibits storing hazardous or offensive goods including fertiliser and untreated sheepskin in accommodation. This is sensible for health but may be impractical on a station where storage space is scarce and workers’ quarters are often locked. It is not an offence unless the occupier permits the storage. However, a worker who stores a small bag of fertiliser in their room for gardening could put the occupier in breach if the occupier is deemed to have allowed it.
Worker duty at out‑stations is self‑enforcing: Section 14 requires a resident worker at an out‑station to manage refuse every 24 hours. There is no inspection mechanism. If the worker fails to burn or bury refuse, the occupier could face enforcement under the parent Act for failing to provide a hygienic facility. The occupier cannot easily monitor remote stations. The practical solution is to include the duty in contracts and provide training, but the regulation itself does not absolve the occupier of ultimate responsibility.
Queensland Development Code part MP 5.6 not reproduced: To actually comply, an occupier must obtain a separate document , the Queensland Development Code. The code is not attached to the regulation and may be updated independently. The regulation’s reference is static, but if the code is amended, the regulation’s cross‑reference likely picks up the amended version (unless otherwise stated). This incorporation by reference can hide changes from stakeholders.
No exemption for remote locations: The regulation applies equally to a station 200 km from the nearest town. There is no exemption for difficulty or cost. A station that relies on rainwater tanks must still provide an adequate water supply (section 8) even in drought. There is no hardship application process in the regulation.
How to comply
1. Identify occupancy status: Determine for each accommodation facility whether the workers are resident or non-resident. Count the number of non-resident workers and whether a cook is employed. This will decide which tier applies (sections 10, 12, 13). If there is any doubt, assume the higher standard to reduce risk.
2. Obtain and understand the Queensland Development Code part MP 5.6: The regulation directly incorporates it. You cannot comply without this document. Purchase it from the Department of Housing and Public Works. Review all performance criteria and acceptable solutions.
3. Assess existing accommodation against the schedule: Schedule 1 is not in the source but is fundamental. Obtain it from the reprint of the regulation. Compare your accommodation to each requirement (e.g., floor area, ceiling height, lighting, ventilation, number of toilets). Consult a building surveyor if needed.
4. Check additional requirements: Besides part MP 5.6, the regulation adds separate male and female toilets (section 4(5)), and the specific facility lists in sections 10, 12, and 13. Ensure these are satisfied even if part MP 5.6 does not require them.
5. Apply the transitional provision (section 15): If the accommodation existed or was under construction before 31 August 2015, it is governed by the 2003 regulation. Obtain a copy of the 2003 regulation and comply with that instead. Keep records of the date of construction to prove eligibility. Do not assume that a building built in 2010 is automatically compliant , it must still meet the 2003 rules.
6. Maintain good order, repair, and hygiene (section 5): You cannot just build to standard and walk away. Implement a maintenance schedule: inspect fittings, furnishings, and equipment quarterly; clean roofs after wet seasons; check plumbing; replace broken items. Keep logs.
7. Ensure sole use (section 7): Remove any fertiliser, chemicals, or untreated animal products from worker accommodation. If storage is tight, build a separate shed. Post notices banning such storage and enforce the rule.
8. Provide adequate water and fuel (section 8): If the accommodation relies on bore water, test it for quality and quantity. If a washing machine is provided, ensure a reliable electricity supply (e.g., generator or solar with battery backup). During drought, you may need to truck in water.
9. Equip non-resident facilities: For non-resident workers not covered by section 12, purchase an electric or gas water boiler and a coffeepot or teapot. Place them in the dining area. For section 12 situations, remember sleeping accommodation for the cook.
10. Train out‑station workers on refuse disposal (section 14): Provide a written instruction sheet and demonstrate burning or burying procedures. Ensure a safe incineration area is set up. The worker must act every 24 hours; if they fail, the occupier may be cited. Consider scheduling regular visits.
11. Document everything: Keep plans, certificates of compliance from building certifiers, maintenance records, and photographs. If an inspector arrives, you can demonstrate due diligence. The regulation does not require certification, but voluntary certification reduces subjective enforcement risk.
12. Monitor for amendments: The regulation may be updated. Subscribe to the Queensland Legislation website notification system. Also check for amendments to part MP 5.6. Any change to either instrument may require re‑assessment of your accommodation.
Section sec.4Compliance with Queensland Development Code, pt MP 5.6 and additional requirements
(a) the acceptable solution for the criterion set out opposite the criterion is complied with; or
(b) the criterion is met in a way that is at least equivalent to the acceptable solution set out opposite the criterion.
sec.5 Accommodation to be in good order and repair and appropriate for purpose
sec.5 Accommodation to be in good order and repair and appropriate for purpose
The accommodation must be in good order and repair, in a hygienic condition and otherwise appropriate for its purpose.
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.
• 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.
sec.6 Accommodation must be adequate
sec.6 Accommodation must be adequate
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.
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.
(sec.6-ssec.1) The accommodation must be adequate for the reasonable requirements of workers accommodated.
(sec.6-ssec.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.
(sec.6-ssec.3) In this section— adequate means adequate in capacity, number or quantity for the number of workers accommodated. 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.
• 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.
sec.7 Sole use of accommodation
sec.7 Sole use of accommodation
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.
(sec.7-ssec.1) The accommodation must be provided for the sole use of accommodating a worker, or the worker and the worker’s family.
(sec.7-ssec.2) 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.
sec.8 Water or fuel supply
sec.8 Water or fuel supply
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.
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.
• 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.
pt.3 Accommodation for resident workers
Accommodation for resident workers
sec.9 Accommodation requirements prescribed in pt 3
sec.9 Accommodation requirements prescribed in pt 3
This part prescribes accommodation that must be provided for resident workers under section 8 (1) or 9 (2) of the Act .
sec.10 Accommodation for resident workers— Act , ss 8 and 9
sec.10 Accommodation for resident workers— Act , ss 8 and 9
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 .
(sec.10-ssec.1) 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.
(sec.10-ssec.2) The accommodation and facilities stated in subsection (1) must comply with schedule 1 .
(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.
pt.4 Accommodation for non-resident workers
Accommodation for non-resident workers
sec.11 Accommodation requirements prescribed in pt 4
sec.11 Accommodation requirements prescribed in pt 4
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.
(sec.11-ssec.1) This part prescribes the accommodation that must be provided for non-resident workers under section 10 (1) of the Act .
(sec.11-ssec.2) To comply with this part, the occupier need only provide the accommodation at 1 location on the premises.
sec.12 Accommodation requirements for 4 or more non-resident workers and cook
sec.12 Accommodation requirements for 4 or more non-resident workers and cook
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.
(sec.12-ssec.1) This section applies if an occupier employs 4 or more non-resident workers and a cook.
(sec.12-ssec.2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker were a resident worker.
(sec.12-ssec.3) 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.
(a) sleeping accommodation need only be provided for the cook; and
(b) schedule 1 , section 9 does not apply to the occupier.
sec.13 Accommodation requirements if s 12 does not apply to occupier
sec.13 Accommodation requirements if s 12 does not apply to occupier
This section applies if section 12 does not apply to an occupier.
Part 3 and schedule 1 apply to the occupier as if each non-resident worker employed by the occupier were a resident worker.
However, in applying part 3 , the following provisions of schedule 1 do not apply to the occupier—
section 2 ;
section 3 (1) , (2) (c) and (3) ;
section 6 ;
section 9 .
Also, the occupier must provide the following—
an electric or gas appliance for boiling drinking water;
a coffeepot or teapot.
(sec.13-ssec.1) This section applies if section 12 does not apply to an occupier.
(sec.13-ssec.2) Part 3 and schedule 1 apply to the occupier as if each non-resident worker employed by the occupier were a resident worker.
(sec.13-ssec.3) However, in applying part 3 , the following provisions of schedule 1 do not apply to the occupier— section 2 ; section 3 (1) , (2) (c) and (3) ; section 6 ; section 9 .
(sec.13-ssec.4) Also, the occupier must provide the following— an electric or gas appliance for boiling drinking water; a coffeepot or teapot.
(a) section 2 ;
(b) section 3 (1) , (2) (c) and (3) ;
(c) section 6 ;
(d) section 9 .
(a) an electric or gas appliance for boiling drinking water;
(b) a coffeepot or teapot.
pt.5 Miscellaneous
Miscellaneous
sec.14 Worker to clean refuse disposal facilities
sec.14 Worker to clean refuse disposal facilities
This section applies if a resident worker lives alone, or with the worker’s family, at an out-station.
The worker must, at least once every 24 hours—
remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and
burn the refuse, or bury it at least 1m below the ground; and
thoroughly clean the facility.
See also section 16 of the Act .
(sec.14-ssec.1) This section applies if a resident worker lives alone, or with the worker’s family, at an out-station.
(sec.14-ssec.2) The worker must, at least once every 24 hours— remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and burn the refuse, or bury it at least 1m below the ground; and thoroughly clean the facility. See also section 16 of the Act .
(a) remove refuse from the refuse disposal facility to a hygienic location at least 100m from any building; and
(b) burn the refuse, or bury it at least 1m below the ground; and
(c) thoroughly clean the facility.
pt.6 Transitional provision for repealed regulation
Transitional provision for repealed regulation
sec.15 Application of repealed regulation to existing accommodation
sec.15 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.
In this section—
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 2003 as in force immediately before its repeal by this regulation.
(sec.15-ssec.1) 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.
(sec.15-ssec.2) In this section— 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 2003 as in force immediately before its repeal by this regulation.
pt.7 Repeal
Repeal
sec.16 Repeal
sec.16 Repeal
The Pastoral Workers’ Accommodation Regulation 2003 , SL No. 150 is repealed.