EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO 382
MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
The Act applies, inter alia, to staff of prescribed authorities. Sub-section 3(1) of the Act defines ‘prescribed authority’ to mean, insofar as is relevant, a body corporate that is established for a public purpose by a law of the Commonwealth and is declared by the regulations to be a body corporate in relation to which the Act applies.
The Australian Trade Commission was established by section 7 of the Australian Trade Commission Act 1985. The Commission is a body corporate incorporated for a public purpose by an Act of the Commonwealth.
The regulation inserted the Australian Trade Commission into the list of statutory authorities which the regulations declare to be ‘prescribed authorities’ for the purposes of the Act so that staff of the Commission will be subject to the provisions of the Act.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1996 were enacted to address the gap in maternity leave coverage for employees of prescribed authorities, specifically targeting the Australian Trade Commission. The Maternity Leave (Commonwealth Employees) Act 1973, which was enacted by the Parliament of Australia, provides a framework for maternity leave for Commonwealth employees, but it required amendments to extend these protections to all relevant authorities. The regulations were issued under the authority of the Public Service Board to ensure that employees of the Australian Trade Commission, a body corporate established for a public purpose by the Commonwealth, would be included within the scope of the Act. This amendment aligns with the policy objective of the Act to provide equitable maternity leave entitlements across all Commonwealth authorities, thereby supporting the welfare and employment rights of women in the public sector.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1985 No 382, issued under the authority of the Public Service Board, amends the existing regulations to expand the scope of the Maternity Leave (Commonwealth Employees) Act 1973. This Act applies to employees of prescribed authorities, which are defined under the Act as body corporates established for a public purpose by Commonwealth law and declared by regulations to be subject to the Act's provisions. The amendment specifically incorporates the Australian Trade Commission, established under the Australian Trade Commission Act 1985, into the list of prescribed authorities. Consequently, this amendment extends the Act's provisions to include the staff of the Australian Trade Commission, ensuring they are eligible for the maternity leave entitlements and associated benefits provided by the Act. The jurisdictional reach of this legislation is limited to the Commonwealth, affecting only those entities established under Commonwealth law.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) introduces significant changes to the existing regulations under section 15 of the Maternity Leave (Commonwealth Employees) Act 1973. These amendments are designed to update the list of prescribed authorities, ensuring that employees of additional bodies are covered under the Act. Specifically, regulation 2 inserts the Australian Trade Commission into the list of prescribed authorities, thus subjecting its staff to the provisions of the Act (reg. 2). This inclusion ensures that employees of the Australian Trade Commission, established under the Australian Trade Commission Act 1985, will now be eligible for the same maternity leave benefits as those provided to other Commonwealth employees.
The obligations imposed by the Act on prescribed authorities, now including the Australian Trade Commission, require them to adhere to the maternity leave provisions outlined in the Act. This includes providing eligible employees with a certain period of paid leave before and after childbirth, as well as ensuring that their employment terms and conditions are not adversely affected by the leave (s. 5, 6, 7). Employers must also facilitate the return of employees to their positions or an equivalent role upon the conclusion of their leave, ensuring that they maintain their job security and continuity of employment (s. 8).
Failure to comply with the provisions of the Act can result in significant consequences. While the specific regulations do not detail offences, penalties, or civil/criminal consequences, breaches of employment-related legislation can generally lead to legal actions by affected employees, including claims for unfair dismissal, unpaid leave, or other related grievances. Employers found to be in violation of these provisions may also face reputational damage and could be subject to enforcement actions by relevant regulatory bodies. The penalties for such breaches can vary, but they may include financial penalties or the need to rectify the employment conditions of affected employees.