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.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1990 No. 473, issued under the authority of the Minister for Industrial Relations, were enacted to address the ambiguity in the existing regulations regarding the application of the Maternity Leave (Commonwealth Employees) Act 1973 to staff members of the Australian Federal Police (AFP). Previously, the AFP staff were employed under the Public Service Act 1922, but the Australian Federal Police Legislation Amendment Act (No 2) 1989 altered their employment status under the Australian Federal Police Act 1979. This change created uncertainty about whether AFP staff were recognised as prescribed persons under the Act, thereby affecting their eligibility for maternity leave entitlements. The policy objective of these amendments is to clarify and ensure that AFP staff are appropriately included as prescribed persons, thus providing them with the same maternity leave benefits as other Commonwealth employees.
Scope and Application
The Maternity Leave (Commonwealth Employees) Act 1973, as amended by the Statutory Rules 1990 No. 473, applies to prescribed persons employed by the Commonwealth, as outlined in paragraph 5(1)(b) of the Act. The Act and its associated regulations provide specific entitlements for maternity leave to eligible employees within the Commonwealth sector. Currently, the Maternity Leave (Commonwealth Employees) Regulations define who is considered a prescribed person through Schedule 3. The amendment proposed by the Statutory Rules 1990 No. 473 aims to clarify and extend the application of the Act to include staff members of the Australian Federal Police, who were previously employed under the Public Service Act 1922 but are now governed by the Australian Federal Police Act 1979 following legislative changes in 1989. This amendment seeks to ensure that these employees are recognised for the purposes of the Act by including them in the list of prescribed persons in Schedule 3. The amendments will take effect from the date they are notified in the Gazette.
Key Provisions
The primary operative sections of the Statutory Rules 1990 No. 473 involve the amendment of Schedule 3 of the Maternity Leave (Commonwealth Employees) Regulations. Specifically, Regulation 6 of the Regulations is being updated to include staff members of the Australian Federal Police (AFP) as prescribed persons (Regulation 6). This amendment is necessitated by the fact that, following the Australian Federal Police Legislation Amendment Act (No 2) 1989, AFP staff members are now employed under the Australian Federal Police Act 1979 rather than the Public Service Act 1922. This change aims to clarify the applicability of the Maternity Leave (Commonwealth Employees) Act 1973 to AFP staff members.
The Act imposes certain obligations and requirements on the parties it governs. For instance, section 5(1)(b) of the Act applies to prescribed persons, which are now explicitly defined in the updated Schedule 3 of the Regulations. These prescribed persons, including AFP staff members, are entitled to the provisions of the Act, such as the entitlement to maternity leave. The Act mandates that employers must adhere to the stipulated leave provisions, ensuring that employees are not disadvantaged or discriminated against due to their maternity leave entitlements.
Breaching the obligations imposed by the Maternity Leave (Commonwealth Employees) Act 1973 can result in various consequences. While the explanatory statement does not detail specific offences or penalties, non-compliance with the Act's provisions could lead to legal repercussions. In cases of non-compliance, the affected employee may seek redress through the Fair Work Commission or the courts, which could result in the employer being ordered to compensate the employee for any loss incurred due to the breach. Although the exact penalties are not specified in the explanatory statement, such actions underscore the importance of adhering to the Act's requirements.