Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 137
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 137
(Issued by the Authority of the Minister for Industrial Relations)
Maternity Leave (Commonwealth Employees) Act 1976
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
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.
Section 3 of the Act defines "prescribed authority", to include:
(a) a body corporate (other than an incorporated company, society or association) that is incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory) and is declared by the regulations to be a body corporate in relation to which this Act applies;
... ; or
(c) a company that:
(i) is incorporated under a law of the Commonwealth or a law in force in a State or Territory;
(ii) is a trading corporation, or a financial corporation, within the meaning of paragraph 51(20) of the Constitution; and
(iii) is declared by the regulations to be a body corporate in relation to which the Act applies.
Under section 5 of the Act employees of a prescribed authority may be brought by regulation within the maternity leave arrangements provided under the Act.
Paragraph 4(a) of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of paragraph (a) of the definition of "prescribed authority", an authority specified in column 2 of Schedule 1 in an item in that Schedule is a body corporate.
Paragraph 4(c) of the Regulations similarly provides that for the purposes of paragraph (c) of the definition of "prescribed authority", an authority that is specified in column 2 of Schedule 2A in an item in that Schedule is a body corporate.
The Australian and Overseas Telecommunications Corporation Act 1991 (the AOTC Act) has established the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited), formed as a company by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited. The relevant parts of the AOTC Act commenced on 1 February 1992.
It has been necessary to amend the Regulations as a consequence of the enactment of the AOTC Act. Prior to the amendment, Telecom was listed as a prescribed body corporate and OTC Limited as a prescribed company for the purposes of the Act.
Accordingly, Schedule 2A of the Regulations has been amended to replace the existing reference to OTC Limited with a reference to AOTC Limited. Schedule 1 to the Regulations has been amended by omitting the entry to Telecom. This reference was no longer required as employees of the former Telecom are now included within the reference to AOTC Limited.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 137 was enacted to address the legislative gap that emerged from the restructuring and merger of certain Commonwealth entities under the Australian and Overseas Telecommunications Corporation Act 1991. This amendment responds to the need to update the regulatory framework to reflect the newly formed Australian and Overseas Telecommunications Corporation Limited (AOTC Limited), formed by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited. The objective of these amendments is to ensure the continuity and effectiveness of the maternity leave provisions applicable to employees of these entities. The regulation was issued under the authority of the Minister for Industrial Relations and is intended to maintain the coherence and applicability of the Maternity Leave (Commonwealth Employees) Act 1976 within the new corporate structure.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 137 pertains to the amendment of the Maternity Leave (Commonwealth Employees) Regulations to reflect the changes brought about by the Australian and Overseas Telecommunications Corporation Act 1991. The Act itself applies to prescribed authorities and their employees, including body corporates and companies specified under the Maternity Leave (Commonwealth Employees) Act 1976. The regulations have been amended to replace the reference to OTC Limited with AOTC Limited following the merger of the Australian Telecommunications Commission and OTC Limited into the Australian and Overseas Telecommunications Corporation Limited. This amendment ensures that the maternity leave arrangements continue to cover employees of the newly formed corporation, reflecting the updated corporate structure. The amendments are limited to the specific regulatory references to the affected corporations, with no changes to the broader application or definitions within the Act itself.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 137 (the Amendment) adjusts the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) to reflect the creation of the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited) under the Australian and Overseas Telecommunications Corporation Act 1991 (AOTC Act). This change was necessary as the AOTC Act brought about the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited, forming AOTC Limited, which commenced operations on 1 February 1992.
The Amendment, under section 5 of the Maternity Leave (Commonwealth Employees) Act 1976 (the Act), modifies the Regulations to incorporate AOTC Limited as a prescribed authority. Specifically, Schedule 2A of the Regulations is amended to replace the existing reference to OTC Limited with AOTC Limited. Similarly, Schedule 1 is amended by omitting the reference to Telecom, as its employees are now covered under the reference to AOTC Limited. These amendments ensure that the maternity leave arrangements provided under the Act continue to apply to the appropriate entities following the legislative changes.
The Amendment imposes specific obligations on the parties governed by the Regulations. It mandates that the definition of "prescribed authority" under section 3 of the Act now includes AOTC Limited as a body corporate. This change necessitates that AOTC Limited comply with the maternity leave provisions as outlined in the Act and Regulations. Additionally, the Amendment ensures that employees of AOTC Limited are afforded the same maternity leave entitlements as those of other prescribed authorities under the Act.
Failure to comply with the maternity leave provisions outlined in the Act and the Regulations can result in significant legal consequences. While the specific offences, penalties, or consequences are not detailed within the Amendment, the Act generally provides for civil and criminal penalties for non-compliance. For civil penalties, breaches can result in fines as stipulated in the Act. Criminal penalties, if applicable, could include imprisonment terms as specified by the relevant laws. The precise penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply.