EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 235
MATERNITY LEAVE (COMMONWEALTH EMPLOYEES)
REGULATION (AMENDMENT)
Issued with the authority of the Public Service Board
Paragraph 5(1)(b) of the Maternity Leave (Commonwealth Employees) Act 1973 provides, inter alia, that the Act applies to such persons employed by the Commonwealth, and to such persons employed by a prescribed authority, as prescribed.
Section 15 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted to be prescribed.
Paragraph 4(a) of the Maternity Leave (Commonwealth Employees) Regulations provides, inter alia, that a body corporate specified in column 2 of Schedule 1 to the Regulations is a prescribed body in relation to which the Act applies.
Paragraph 6(a) of the Regulations provides, inter alia, that a person employed by a body corporate referred to in regulation 4 is a prescribed person.
Paragraph 6(b) of the Regulations provides that a person specified in column 2 of Schedule 3 to the Regulations is a prescribed person.
The purposes of these regulations are, firstly, to include the Health Insurance Commission as a body corporate to which the Act applies and, secondly, to omit three references to prescribed persons which are no longer relevant to the Regulations.
The Health Insurance Commission, which administers the Medicare system, is established under the Health Insurance Commission Act 1973. It engages staff on its own behalf and determines terms and conditions of employment. The Minister for Health, who administers the Health Insurance Commission Act, has sought the inclusion of the Commission as a prescribed authority for the purposes of paragraph 5(1)(b) of the Maternity Leave (Commonwealth Employees) Act and it is appropriate that the Commission be included.
Schedule 3 to the Regulations, which lists prescribed persons, contains three references which have been made unnecessary by the passage of the Commonwealth Electoral Legislation Amendment Act 1983 and the creation of the Australian Electoral Commission.
The offices of Chief Australian Electoral Officer and Deputy Chief Australian Electoral Officer no longer exist, and the office of Australian Electoral Officer for each State can now be covered by the Maternity Leave (Commonwealth Employees) Act without recourse to the Regulations. It is therefore appropriate that these references be repealed.
Overview
The Maternity Leave (Commonwealth Employees) Regulation (Amendment) 1984, issued under the authority of the Public Service Board, seeks to amend the existing regulations of the Maternity Leave (Commonwealth Employees) Act 1973. This amendment was necessitated by the need to include the Health Insurance Commission as a prescribed authority for the purposes of ensuring that its employees are covered by the Act. Additionally, the amendment addresses the redundancy of certain references within the regulations that have become obsolete due to legislative changes, specifically the Commonwealth Electoral Legislation Amendment Act 1983. The overarching policy objective is to ensure that the Maternity Leave (Commonwealth Employees) Act remains relevant and applicable to the current employment landscape within the Commonwealth and its prescribed authorities.
This amendment to the regulations reflects the intent to provide comprehensive coverage to all relevant employees within Commonwealth-affiliated bodies, ensuring that they benefit from the provisions of the Maternity Leave (Commonwealth Employees) Act. By updating the regulatory framework, the amendment aligns with the evolving structure of Commonwealth authorities and eliminates outdated references, thereby maintaining the efficiency and relevance of the regulatory process.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulation (Amendment) Statutory Rules 1984 No. 235 modifies the existing regulations to expand the scope of the Maternity Leave (Commonwealth Employees) Act 1973. This Act applies to persons employed by the Commonwealth government and to those employed by a prescribed authority as specified in the Act. The amendment primarily serves to include the Health Insurance Commission as a prescribed body under the Act, thereby extending its applicability to employees of this body corporate. This change is crucial as the Health Insurance Commission administers the Medicare system and independently engages staff, making it pertinent for the provisions of the Act to cover its employees. Additionally, the amendment omits references to certain positions that no longer exist due to legislative changes, specifically those related to the Commonwealth Electoral Legislation Amendment Act 1983 and the creation of the Australian Electoral Commission. These outdated references have been repealed to ensure the regulations remain relevant and effective.
Key Provisions
The primary operative sections of this Statutory Rule, specifically Section 4 of Schedule 1, include the Health Insurance Commission as a body corporate to which the Maternity Leave (Commonwealth Employees) Act 1973 applies. This amendment ensures that employees of the Health Insurance Commission, who administer the Medicare system, are entitled to the same maternity leave provisions as other Commonwealth employees. Section 6 of Schedule 3 removes three references to prescribed persons that are no longer relevant due to the passage of the Commonwealth Electoral Legislation Amendment Act 1983. These changes streamline the application of the Act by eliminating outdated references and ensuring that the Act is applicable to the appropriate entities without unnecessary complexity.
The Act imposes specific obligations on the entities it governs. For example, the Health Insurance Commission must now adhere to the provisions of the Maternity Leave (Commonwealth Employees) Act 1973, ensuring that its employees are provided with maternity leave entitlements. This includes granting leave to eligible employees and maintaining accurate records of leave taken. Similarly, the Act requires that all prescribed authorities and persons comply with the regulations, including any updates or amendments made through Statutory Rules. This compliance ensures that employees across different Commonwealth entities receive consistent and fair treatment regarding maternity leave.
Breaching the provisions of the Maternity Leave (Commonwealth Employees) Act 1973 can result in civil or criminal consequences. Although the Statutory Rule itself does not detail specific penalties, the Act generally allows for fines or other civil penalties for non-compliance. In more severe cases, failure to adhere to the requirements of the Act could lead to criminal charges, particularly if the breach is willful or involves significant misconduct. The maximum penalties would be determined by the specific breach and the jurisdiction under which the offence is prosecuted, but they could include substantial fines and potential imprisonment for serious violations.
In summary, these Statutory Rules amend the Maternity Leave (Commonwealth Employees) Regulations to include the Health Insurance Commission as a prescribed body and to remove outdated references to prescribed persons. These changes ensure that the Act applies correctly to relevant entities and individuals, maintaining the integrity and fairness of the maternity leave provisions for Commonwealth employees. Compliance with these regulations is crucial for all involved parties to avoid potential civil or criminal consequences.