EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 216
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 provides that the Governor-General may make regulations prescribing all matters required or permitted to be prescribed.
Sub-section 33(3) of the Acts Interpretation Act 1901 provides (inter alia) that, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be construed as including a power to amend those regulations.
Maternity Leave (Commonwealth Employees) Act applies, inter alia, to such “prescribed” persons as are employed by a “prescribed authority”. Regulation 4 of the Maternity Leave (Commonwealth Employees) Regulations defines “prescribed authority” as those listed in Schedule 1 and Schedule 2 of the regulations. Column 1 item 7 of Schedule 1 of the regulations lists the “Australian Broadcasting Commission” as a “prescribed authority”. Pursuant to section 5 of the Australian Broadcasting Corporation Act 1983, the Australian Broadcasting Commission is now known as Australian Broadcasting Corporation. Accordingly, the statutory rules repealed the reference to “Commission” in Schedule 1 and substitutes the word “Corporation” in its place.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1983 No 216 were enacted to address an inconsistency in the terminology used within the existing regulatory framework concerning maternity leave for Commonwealth employees. The original Maternity Leave (Commonwealth Employees) Act 1973 established a legislative foundation for maternity leave provisions applicable to employees of specified authorities. However, as the Australian Broadcasting Commission transitioned to the Australian Broadcasting Corporation under the Australian Broadcasting Corporation Act 1983, it became necessary to update the relevant regulations to reflect this change in nomenclature. The Public Service Board, exercising its authority, issued these statutory rules to ensure that the regulatory language aligns with the current legal designation of the authority responsible for broadcasting services in Australia. The policy objective of this amendment is to maintain the integrity and relevance of the regulatory framework by ensuring that all references to prescribed authorities are accurate and up-to-date.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1983 No 216, issued under the authority of the Public Service Board, amend the existing regulations to update the reference to the Australian Broadcasting Commission within the scope of the Maternity Leave (Commonwealth Employees) Act 1973. This Act applies to prescribed persons employed by a prescribed authority, with these terms further defined in the regulations. Specifically, Regulation 4 outlines the prescribed authorities, which include entities such as the Australian Broadcasting Corporation, as listed in Schedules 1 and 2 of the regulations. The amendment ensures the nomenclature within the regulations aligns with current legislative terminology by replacing the outdated reference to the "Australian Broadcasting Commission" with the more recent designation "Australian Broadcasting Corporation". This update maintains the integrity and relevance of the regulatory framework, ensuring that the provisions of the Act continue to apply accurately to the intended entities and personnel within the Commonwealth public service.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1996 No. 216, issued under the authority of the Public Service Board, primarily amend the Maternity Leave (Commonwealth Employees) Regulations to reflect changes in the nomenclature of certain prescribed authorities. The primary operative section of these regulations, as referenced in section 15 of the Maternity Leave (Commonwealth Employees) Act 1973, pertains to the regulation-making power conferred to the Governor-General. Specifically, the amendment involves updating Schedule 1 of the regulations to replace the term "Australian Broadcasting Commission" with "Australian Broadcasting Corporation" in Column 1, item 7. This change aligns with the current naming convention as stipulated in section 5 of the Australian Broadcasting Corporation Act 1983.
The amended regulations impose specific obligations on prescribed authorities, such as the Australian Broadcasting Corporation, which must now comply with the updated nomenclature. These entities are required to ensure that their internal policies and practices reflect the changes as per the statutory rules. By conforming to these regulations, prescribed authorities must facilitate the smooth administration of maternity leave entitlements for their employees as outlined in the Maternity Leave (Commonwealth Employees) Act 1973. This includes maintaining accurate records and ensuring that all employees are aware of their rights and the processes involved in accessing maternity leave.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the statutory rules themselves for non-compliance with the amendments. However, failure to adhere to the updated nomenclature and other provisions of the amended regulations could result in broader administrative issues or complications in the enforcement of maternity leave entitlements. The regulations themselves are intended to ensure clarity and consistency in the application of the Act, thereby facilitating the effective administration of maternity leave for Commonwealth employees. Non-compliance with the requirements of the Maternity Leave (Commonwealth Employees) Act 1973, in general, may lead to potential legal ramifications, including disputes and claims related to maternity leave entitlements.