EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 366
MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Section 5 of the Maternity Leave (Commonwealth Employees) Act 1973 extends the Act’s application to persons “employed by a prescribed authority” and to “such other persons employed by the Commonwealth as are prescribed.”
Section 15 of the Act provides that the Governor-General “may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.”
Regulation 4 of the Maternity Leave (Commonwealth Employees) Regulations defines prescribed authorities as being those bodies specified in Schedules 1 and 2 to those regulations. Regulation 6 provides, amongst other things, that “a person specified in column 2 of Schedule 3 in an item in that Schedule, is a prescribed person.”
A number of references in Schedules 1 and 3 are now redundant due to the abolition of certain authorities and offices. These regulations omit redundant references from the two schedules and substitute references to new authorities and offices where these have replaced abolished authorities and offices.
The bodies omitted from Schedule 1 are the Canberra Showground Trust, the Capital Territory Health Commission and the Metric Conversion Board. The bodies inserted into Schedule 1 are the Australian Capital Territory Health Authority and the National Exhibition Centre Trust.
The persons omitted from Schedule 3 are the Director of the Industrial Relations Bureau, the Director of the Curriculum Development Centre, full-time members of the Temporary Assistance Authority, the Public Service Arbitrator, the Deputy Public Service Arbitrator, full-time members of a Repatriation Board, and full-time members of the Repatriation Review Tribunal. The persons inserted into Schedule 3 are Electoral Commissioner, Deputy Electoral Commissioner, and Australian Electoral Officer for a State.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1996, issued under the authority of the Public Service Board, address the need to update the regulatory framework in light of changes to prescribed authorities and offices. Enacted in 1996, these regulations amend the existing Maternity Leave (Commonwealth Employees) Regulations to reflect the abolition of certain authorities and offices, as well as to incorporate new entities that have been established. The objective is to ensure that the regulatory definitions of prescribed authorities and persons remain current and comprehensive, thereby maintaining the effectiveness and relevance of the legislative intent behind the Maternity Leave (Commonwealth Employees) Act 1973. This amendment aims to streamline the application of maternity leave provisions across the Commonwealth by aligning the regulations with the most recent organisational structures.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1985 amends the existing regulations to reflect changes in the Commonwealth's administrative structure by updating the lists of prescribed authorities and prescribed persons under the Maternity Leave (Commonwealth Employees) Act 1973. The Act applies to employees of the Commonwealth who are deemed to be prescribed authorities or prescribed persons, as defined in the regulations. These amendments ensure that the scope of the Act remains current and relevant to the evolving structure of Commonwealth employment, thereby continuing to provide necessary maternity leave provisions to those who qualify under the Act. The regulations specify which authorities and positions are included or excluded, reflecting the latest organisational changes, and thereby maintaining the integrity and applicability of the legislative framework.
The amendments also ensure that the geographic and jurisdictional reach of the Act remains consistent, applying to Commonwealth employees across Australia. There are no changes to the substantive provisions of the Act itself, but rather to the schedules that list the authorities and positions subject to the Act's provisions. This ensures that the Act continues to provide comprehensive coverage for eligible Commonwealth employees, adapting to the changing administrative landscape while preserving the intent and scope of the original legislation.
Key Provisions
The key operative sections of the Maternity Leave (Commonwealth Employees) Regulations (Amendment) involve amendments to Schedules 1 and 3, which list prescribed authorities and prescribed persons respectively. Specifically, section 5 of the Maternity Leave (Commonwealth Employees) Act 1973 extends the Act's application to persons employed by a prescribed authority and to other persons employed by the Commonwealth as prescribed. Regulation 4 of the original regulations defines prescribed authorities, while Regulation 6 provides criteria for prescribed persons. The amendments to these schedules involve the omission of certain authorities and offices that have been abolished and the insertion of references to new authorities and offices that have replaced them.
The obligations and requirements imposed by these regulations are primarily administrative in nature. They ensure that the schedules accurately reflect the current structure of Commonwealth authorities and offices, thereby maintaining the relevance and effectiveness of the regulations. By updating the lists of prescribed authorities and persons, the regulations ensure that the intended beneficiaries of the Maternity Leave Act are correctly identified and protected under the law. These amendments ensure that the regulations continue to operate within the current legal and administrative framework of the Commonwealth.
Offences, penalties, or civil/criminal consequences for non-compliance with these regulations are not explicitly stated in the text. However, the failure to comply with regulations that are necessary to implement the provisions of an Act can lead to legal consequences under the Act itself. For example, non-compliance with the Maternity Leave (Commonwealth Employees) Act 1973 could result in penalties as prescribed by that Act. While the specific penalties are not detailed in the amendment regulations, it is important for parties to adhere to the updated schedules to ensure they are covered by the intended legislative protections.
In summary, the Maternity Leave (Commonwealth Employees) Regulations (Amendment) focus on updating the lists of prescribed authorities and persons to reflect current Commonwealth structures. These amendments are necessary to ensure the regulations remain effective and relevant. While the text does not specify penalties for non-compliance with the amendments, adherence to the updated schedules is crucial to benefit from the protections afforded by the Maternity Leave (Commonwealth Employees) Act 1973.