Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 113
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 113
Issued by authority of the Assistant Treasurer
Maternity Leave (Commonwealth Employees) Act 1973
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
Item 9 of Schedule 2 Part 1 of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 (the Act) provides that the Governor-General may make regulations in relation to: transitional matters arising out of the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989; and in relation to the enactment of the Act and the Productivity Commission Act 1998.
The Act abolished the Industry Commission by repealing the Industry Commission Act 1989. The Industry Commission was replaced by a body called the Productivity Commission, established by the Productivity Commission Act 1998.
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 provides that the Governor-General may make regulations for the purpose of the Act. The Maternity Leave (Commonwealth Employees) Regulations made under the Maternity Leave (Commonwealth Employees) Act 1973 provide, among other things, that the Commissioners and Associate Commissioners of the Industries Assistance Commission (the predecessor to the Industry Commission) are prescribed persons for the purposes of the Maternity Leave (Commonwealth Employees) Act 1973.
The purpose of the regulations is to amend the Maternity Leave (Commonwealth Employees) Regulations to provide that Commissioners and Associate Commissioners of the Productivity Commission are prescribed persons for the purposes of the Maternity Leave (Commonwealth Employees) Act 1973.
Details of the Regulations are as follows.
Regulation 1. provides that the regulations commence on gazettal.
Regulation 2. provides that the Maternity Leave (Commonwealth Employees) Regulations are amended as set out in these regulations.
Regulation 3. Schedule 3 provides that Items 30 and 31 are omitted. Regulation 2.2 inserts new Items 30 and 31 which provide that Commissioners and Associate Commissioners of the Productivity Commission are prescribed persons for the purposes of the Maternity Leave (Commonwealth Employees) Act 1973.
Regulation 4. provides the amendment made by regulation 3 has effect from the commencement of the Productivity Commission Act 1998.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 113 was enacted to address the transitional arrangements necessitated by the replacement of the Industry Commission with the Productivity Commission, as established by the Productivity Commission Act 1998. This legislation is a response to the abolition of the Industry Commission through the repeal of the Industry Commission Act 1989, and it aims to ensure that the regulatory framework concerning maternity leave for Commonwealth employees remains coherent and applicable to the new entity. The regulations were issued by authority of the Assistant Treasurer and provide for the necessary amendments to the Maternity Leave (Commonwealth Employees) Regulations 1973, specifically to reflect the substitution of the Industries Assistance Commission with the Productivity Commission. The policy objective is to maintain the continuity of maternity leave provisions for Commonwealth employees amidst the structural changes in the economic and industrial advisory bodies.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 113 applies to Commonwealth employees, specifically those who were previously covered under the now-repealed Industry Commission Act 1989, and now fall under the Productivity Commission established by the Productivity Commission Act 1998. These regulations aim to ensure continuity in the application of maternity leave provisions by amending the Maternity Leave (Commonwealth Employees) Regulations to include Commissioners and Associate Commissioners of the Productivity Commission as prescribed persons under the Maternity Leave (Commonwealth Employees) Act 1973. The regulations have a national jurisdictional reach as they are Commonwealth regulations, applicable across Australia. The amendment ensures that the transition from the Industry Commission to the Productivity Commission does not disrupt the eligibility of these officials for maternity leave entitlements. The regulations do not specify any exclusions, exemptions, or thresholds, and they are effective from the commencement of the Productivity Commission Act 1998.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1998 No. 113 (the Regulations) primarily amend the existing Maternity Leave (Commonwealth Employees) Regulations to reflect changes brought about by the enactment of the Productivity Commission Act 1998 and the repeal of the Industry Commission Act 1989. Regulation 2 outlines the specific amendments to the original regulations, which include changing the references from "Commissioners and Associate Commissioners of the Industries Assistance Commission" to "Commissioners and Associate Commissioners of the Productivity Commission." This amendment is essential to ensure that the updated regulations align with the new structure established by the Productivity Commission Act 1998.
Under the amended regulations, the obligations of the relevant parties are now focused on ensuring that the entitlement to maternity leave is extended to the Commissioners and Associate Commissioners of the Productivity Commission. The Act provides that these individuals are now considered prescribed persons for the purposes of the Maternity Leave (Commonwealth Employees) Act 1973. This implies that they are entitled to the same rights and benefits as other Commonwealth employees regarding maternity leave. Employers and relevant authorities must recognise and facilitate these entitlements in line with the updated regulations.
Breaches of the requirements outlined in the Maternity Leave (Commonwealth Employees) Regulations may lead to various legal consequences. While the specific legislation does not detail penalties for non-compliance, breaches of the Maternity Leave (Commonwealth Employees) Act 1973 in general could result in civil or criminal actions depending on the nature and severity of the violation. Employers who fail to comply with the maternity leave provisions might face legal action from affected employees, potentially leading to court orders for compliance or financial penalties. The seriousness of the breach could also attract criminal charges under relevant employment laws, with potential fines and imprisonment for those found guilty of willfully disregarding the provisions of the Act.