EXPLANATORY STATEMENT
Statutory Rules 1990 No. 473
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraph 5(1)(b) of the Act applies the Act to prescribed persons employed by the Commonwealth.
Regulation 6 of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of paragraph 5(1)(b) of the Act, a person specified in column 2 of Schedule 3 in an item in that Schedule is a prescribed person.
As a consequence of the Australian Federal Police Legislation Amendment Act (No 2) 1989, staff members of the Australian Federal Police (AFP) are now employed under the Australian Federal Police Act 1979, whereas previously they were employed under the Public Service Act 1922. As the Regulations stand at present, it is unclear whether employment of staff members is recognised for the purposes of the Act.
It is therefore proposed to amend Schedule 3 of the Regulations - Prescribed Persons - to include staff members of the AFP as prescribed persons in that Schedule.
The amending Regulations will commence on the day they are notified in the Gazette.