Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 223
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 223
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Maternity Leave Act) provides that the Governor-General may make regulations for the purposes of the Maternity Leave Act.
Sub-section 3(1) of the Maternity Leave Act defines "prescribed authority". Under section 5 of the Maternity Leave Act, employees of a prescribed authority may be brought by regulation within the maternity leave arrangements provided under the Maternity Leave Act.
The definition of "prescribed authority" includes:
(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;
(b) an unincorporated body that is established 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 an unincorporated body 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 section 51(xx) of the Constitution; and
(iii) is declared by the regulations to be a body corporate in relation to which this Act applies.
The Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990 (the CSL Act) was assented to on 22 October 1990. Section 13 of the CSL Act, amongst other things, converted the Commonwealth Serum Laboratories Commission into a public company listed under the Companies Act 1981 (the Commonwealth Serum Laboratories Limited) from 1 April 1991.
As a public company, Commonwealth Serum Laboratories Limited ceased to be a "prescribed authority" for the purposes of paragraph (a) of the definition of "prescribed authority" in subsection 3(1) of the Maternity Leave Act, and to which Schedule 1 to the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) refers.
Schedule 2A of the Regulations provides a mechanism for declaring a company to be a body corporate for the purposes of paragraph (c) of the definition of "prescribed authority".
The amendment to the Regulations omitted "Commonwealth Serum Laboratories Commission" from Schedule 1 to the Regulations and included "Commonwealth Serum Laboratories Limited" in the schedule of Prescribed Authorities - Companies, with effect from 1 April 1991. As required by the Acts Interpretation Act 1901, the retrospectivity did not disadvantage any person other than the Commonwealth.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 223 is an amendment to the Maternity Leave (Commonwealth Employees) Regulations, enacted to address the problem arising from the conversion of the Commonwealth Serum Laboratories Commission into a public company, as stipulated in the Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990. This change resulted in Commonwealth Serum Laboratories Limited no longer being recognised as a "prescribed authority" under the Maternity Leave (Commonwealth Employees) Act 1973. The amendment was issued by the Authority of the Minister for Industrial Relations and ensures that the new entity, Commonwealth Serum Laboratories Limited, is included in the schedule of prescribed authorities to maintain compliance with maternity leave provisions for its employees. This legislative amendment was made to ensure that the transition to a public company did not disrupt the continuity of maternity leave entitlements for employees within the new corporate structure.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 223, issued under the authority of the Minister for Industrial Relations, provides amendments to the existing Maternity Leave (Commonwealth Employees) Regulations, which are framed under the Maternity Leave (Commonwealth Employees) Act 1973. These regulations primarily govern the maternity leave entitlements of employees within prescribed authorities as defined by the Act. These authorities include bodies corporate and unincorporated bodies established for a public purpose by Commonwealth or territorial laws, as well as specific companies that meet certain criteria. The amendment, effective from 1 April 1991, recognises the conversion of the Commonwealth Serum Laboratories Commission into a public company, Commonwealth Serum Laboratories Limited, under the Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990. This change necessitated the exclusion of the Commonwealth Serum Laboratories Commission from Schedule 1 of the Regulations and the inclusion of Commonwealth Serum Laboratories Limited in the schedule of Prescribed Authorities - Companies, ensuring continuity in the application of maternity leave provisions. The amendment adheres to the Acts Interpretation Act 1901 by ensuring that the retrospective application does not adversely affect any person other than the Commonwealth.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 223 modifies existing regulations to reflect the structural changes within the Commonwealth Serum Laboratories (CSL) in light of the CSL Act. The core of these amendments is found in Schedule 1, where the name "Commonwealth Serum Laboratories Commission" has been replaced with "Commonwealth Serum Laboratories Limited." This adjustment is necessary because the CSL Act converted the CSL Commission into a public company, Commonwealth Serum Laboratories Limited, effective from 1 April 1991. As a result, the company ceased to be a "prescribed authority" under the Maternity Leave Act, necessitating its inclusion in the revised regulations.
The amendment imposes specific obligations on the entities governed by the Maternity Leave Act. It requires that the new entity, Commonwealth Serum Laboratories Limited, now be included in the schedule of prescribed authorities, ensuring that it is subject to the same maternity leave provisions as other Commonwealth entities. This inclusion means that employees of Commonwealth Serum Laboratories Limited are now entitled to the same maternity leave benefits as other Commonwealth employees, as outlined in the Maternity Leave Act. The amendment effectively brings the company under the regulatory framework governing maternity leave for Commonwealth employees.
There are no direct offences, penalties, or civil or criminal consequences specified for non-compliance with these amendments within the Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 223. However, failure to adhere to the maternity leave provisions of the Maternity Leave Act could result in legal actions from employees who are denied their entitled leave. The Act itself outlines various penalties for non-compliance, including fines, but these are not specific to this amendment. Given the retrospective nature of the amendment, it ensures that no existing rights or benefits are lost or diminished for employees of Commonwealth Serum Laboratories Limited, aligning the company's obligations with those of other Commonwealth entities.