Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 326
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 326
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 Act) provides that the Governor-General may make regulations for the purposes of the Act.
Sub-section 3(1) of the Act defines "prescribed authority". 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 5(1)(b) of the Act applies the Act to prescribed persons employed by the Commonwealth.
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 the 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 the 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.
Regulation 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 that is specified in column 2 of Schedule 1 in an item in that Schedule is a body corporate.
Regulation 6 of the Regulations provides that for the purposes of paragraph 5(1)(b) of the Act, a person specified in column 2 of Schedule 3 in an item in that Schedule is a prescribed person.
As a consequence of various changes to the names or status of organisations or persons prescribed in the Schedules to the Regulations, it was necessary to amend the Regulations. A number of inclusions were also necessary.
Schedule 1 of the Regulations was amended by omitting references to a number of bodies which no longer exist and making alterations to reflect changes in the titles of other bodies. New entries were made to include a number of bodies not previously prescribed.
Schedule 3 of the Regulations was also amended by omitting entries in respect of persons where the relevant body either no longer existed or had undergone a change and was to be prescribed elsewhere or where the particular office no longer existed. The entry in respect of a Member of the Australian Federal Police was omitted as members of the Australian Federal Police are covered by the Act, while a new entry was required in respect of Member of the Immigration Review Tribunal (a new body).
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 326, issued under the authority of the Minister for Industrial Relations, amend the existing regulations to address changes in the names, statuses, and existence of certain organisations and individuals prescribed under the Maternity Leave (Commonwealth Employees) Act 1973. This amendment ensures the continued application of maternity leave provisions to the appropriate entities by updating the regulatory framework to reflect current organisational structures and titles. The regulation updates the schedules to exclude bodies that no longer exist or have changed significantly, while also incorporating new bodies to ensure comprehensive coverage under the Act.
The policy objective of these amendments is to maintain the integrity and applicability of the maternity leave provisions for Commonwealth employees by ensuring that the regulations accurately reflect the current landscape of prescribed authorities and persons. By making these adjustments, the regulations remain relevant and effective in providing the necessary support and protections for employees within the prescribed authorities.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 326 amends the existing Maternity Leave (Commonwealth Employees) Regulations to update the list of prescribed authorities and persons to whom the Maternity Leave (Commonwealth Employees) Act 1973 applies. This Act applies to employees of prescribed authorities, which include certain public purpose bodies corporate and unincorporated bodies established by Commonwealth or Territory law, as well as specific companies incorporated under Commonwealth or state law that are trading or financial corporations. The Regulations have been updated to reflect changes in the names or status of organisations or persons prescribed in the Schedules, ensuring that the maternity leave provisions remain relevant and applicable to the current landscape of Commonwealth entities. The amendments include omitting references to bodies that no longer exist and making alterations to reflect changes in the titles of other bodies, as well as adding new entries to include bodies not previously prescribed. The scope of the Act is thus maintained by ensuring that it continues to cover the appropriate entities and personnel within the Commonwealth framework.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 326 modifies the existing regulations under the Maternity Leave (Commonwealth Employees) Act 1973 to accommodate changes in the status and names of certain organisations and persons. The main operative sections of the amendment pertain to Schedule 1 and Schedule 3 of the Regulations, which define what constitutes a "prescribed authority" and a "prescribed person" for the purposes of the Act (sub-section 3(1) and paragraph 5(1)(b) respectively). Regulation 4(a) outlines which body corporates are considered prescribed authorities, while Regulation 6 specifies which individuals are considered prescribed persons. These schedules were amended to reflect changes such as the dissolution of certain bodies, changes in titles, and the introduction of new bodies or roles.
The Act imposes specific obligations and requirements on prescribed authorities and persons. These obligations include ensuring that employees of prescribed authorities are afforded the maternity leave provisions stipulated under the Act. This means that any body corporate or unincorporated body established for a public purpose by Commonwealth or Territory law, as well as certain companies, must comply with the regulations regarding maternity leave. Similarly, prescribed persons must adhere to the terms set out for maternity leave entitlements as specified in the Act. The amendment ensures that the definitions and scope of these obligations are kept up to date with any structural changes in the organisations or roles that fall under the Act.
In terms of offences and penalties for breaches of the amended regulations, the Maternity Leave (Commonwealth Employees) Act 1973 itself does not specify particular penalties for non-compliance with the regulations. However, general compliance with employment regulations in Australia often attracts civil or administrative penalties. For instance, failure to provide the legally mandated maternity leave could result in legal action from the employee, potentially leading to compensation or other remedies. Furthermore, ongoing non-compliance might attract scrutiny from relevant authorities, which could lead to further administrative or civil consequences. It is important for entities governed by these regulations to ensure adherence to avoid any legal repercussions.