EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 326
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
(Issued by the authority of the Minister for Industrial Relations)
Section 5 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) extends the Act’s application to, amongst others, “such persons employed by a prescribed authority”. “Prescribed authority” is defined in section 3 of the Act as including a body corporate declared by the regulations to be a body corporate in relation to which the Act applies.
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 (the Regulations) provides that a body specified in Schedule 1 to the Regulations is a body corporate for the purposes of the definition of prescribed authorities in relation to the Act.
The Regulations have been amended to prescribe, for maternity leave purposes, the A.C.T. Institute of Technical and Further Education which is being established as a body corporate by an Ordinance of the Australian Capital Territory. The Institute will therefore be eligible for maternity leave coverage in accordance with paragraph 5(1)(b) of the Act.
The A.C.T. Institute of Technical and Further Education will include staff who are at present employed in the Canberra College, the Bruce College and the Woden College of Technical and Further Education, and who are presently covered by the provisions of the Act. In order to maintain continuity of Maternity Leave coverage for the staff of the Institute, it is necessary for this prescription to take effect from the same day as the Ordinance takes effect, which is 1 January 1988.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1987 No 326 was enacted to extend the application of the Maternity Leave (Commonwealth Employees) Act 1973 to the A.C.T. Institute of Technical and Further Education, which is being established as a body corporate by an Ordinance of the Australian Capital Territory. This amendment ensures that staff who are currently employed in the Canberra College, the Bruce College, and the Woden College of Technical and Further Education, and who are already covered under the Act, will continue to have maternity leave coverage upon the establishment of the Institute. The objective of this regulation is to provide a seamless transition for the employees’ entitlements, ensuring no gap in maternity leave coverage occurs when the new Institute is established on 1 January 1988. The regulation was issued by the authority of the Minister for Industrial Relations, aligning with the Act's purpose to prescribe matters necessary for its effective implementation.
Scope and Application
The Maternity Leave (Commonwealth Employees) Act 1973 applies to employees of the Commonwealth, including those of prescribed authorities, which are defined as bodies corporate declared by regulation to be subject to the Act. This encompasses certain institutions established by territories, such as the A.C.T. Institute of Technical and Further Education, which has been included in the regulations to ensure continuity of maternity leave coverage for its staff, who are currently employed by various technical and further education colleges in Canberra. The Act’s application extends through subordinate regulations, which have been amended to include the newly established Institute, effective from 1 January 1988, aligning with the date the Institute becomes a body corporate under the Australian Capital Territory's Ordinance. The Act's geographic reach is primarily within the Commonwealth, with specific inclusions made through regulations to ensure comprehensive coverage of relevant educational institutions and their staff.
Key Provisions
The Maternity Leave (Commonwealth Employees) Act 1973 (Act) and its associated regulations primarily govern maternity leave entitlements for employees working for prescribed authorities, including the A.C.T. Institute of Technical and Further Education (Institute). Section 5 of the Act extends its application to persons employed by a prescribed authority, which includes bodies corporate declared by regulations to be applicable (section 3). Section 15 of the Act empowers the Governor-General to make regulations necessary to implement the Act, with Regulation 4 of the Maternity Leave (Commonwealth Employees) Regulations (Regulations) specifying the bodies corporate to which the Act applies. The recent amendments to the Regulations include the A.C.T. Institute of Technical and Further Education, which will now be eligible for maternity leave coverage under paragraph 5(1)(b) of the Act.
The Act imposes several obligations on prescribed authorities and their employees, particularly regarding the provision of maternity leave. For example, employers must ensure that eligible employees receive appropriate maternity leave entitlements as outlined in the Act. Employees, in turn, must notify their employers of their intention to take maternity leave and provide necessary documentation to substantiate their eligibility. These obligations ensure that both employers and employees understand and comply with the statutory requirements for maternity leave.
Failure to comply with the Act and the Regulations can result in various consequences. While the explanatory statement does not detail specific offences or penalties, the Act generally allows for enforcement actions against non-compliant employers and employees. Such actions could include civil penalties or legal proceedings to enforce compliance. It is important for all parties involved to adhere to the statutory requirements to avoid any potential legal repercussions.
The amendments to the Regulations, effective from 1 January 1988, aim to maintain continuity in maternity leave coverage for staff transitioning from the Canberra College, the Bruce College, and the Woden College of Technical and Further Education to the newly established A.C.T. Institute of Technical and Further Education. By prescribing the Institute as a body corporate under the Act, the amendments ensure that all staff members continue to receive their maternity leave entitlements without interruption. This seamless transition is crucial for maintaining employee welfare and compliance with legislative standards.
In summary, the Maternity Leave (Commonwealth Employees) Act 1973 and its Regulations provide a framework for maternity leave entitlements for employees of prescribed authorities, including the A.C.T. Institute of Technical and Further Education. These provisions mandate specific obligations on both employers and employees to ensure compliance and the continuity of leave entitlements. Non-compliance can lead to various legal consequences, and the recent amendments ensure a smooth transition for staff from previous colleges to the newly established Institute.