States Grants (Coal Mining Industry Long Service Leave) Regulations 1991 No. 163
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 163
States Grants (Coal Mining Industry Long Service Leave) Regulations (Issued by the Authority of the Minister for Industrial Relations)
Section 8 of the States Grants (Coal Mining Industry Long Service Leaves Act (the Act) provides that the Governor General may make regulations for the purposes of the Act.
The Act has established a long service leave scheme for the coal mining industry. The scheme funds long service leave benefits on an industry-wide basis. The Commonwealth administers the fund as a third party to the scheme. The other parties are four of the States and the major coal mining industry employer and employee bodies.
The Industrial Relations Legislation Amendment Act (No.2) 1990 which commenced on 18 December 1990 inserted Section 7 into the Act to allow the Commonwealth to recover, from money paid into the fund, the costs incurred by the Commonwealth in administering that fund. The amounts to be recovered are to be prescribed in the regulations.
Paragraph 3(a) of the Regulations provides that an amount of $36,241, to cover the costs incurred by the Commonwealth in administering the scheme during the period from 18 December 1990 to 30 June 1991 is to be recovered by the Commonwealth. Paragraph 3(b) provides that the amount is to be payable no later than 30 days after the end of the 1990-1991 financial year.
Overview
The States Grants (Coal Mining Industry Long Service Leave) Regulations 1991 No. 163 were enacted to provide regulatory framework for the administration of the long service leave scheme for the coal mining industry, as established by the States Grants (Coal Mining Industry Long Service Leave) Act. This Act was introduced to create a unified industry-wide long service leave fund, with the Commonwealth acting as the administrator in collaboration with four states and key industry bodies. The 1991 Regulations were issued by the Authority of the Minister for Industrial Relations and address the administrative costs incurred by the Commonwealth in managing the fund. Specifically, the Regulations allow for the recovery of costs from the fund, as permitted by Section 7 of the Act, which was inserted by the Industrial Relations Legislation Amendment Act (No.2) 1990. The policy objective is to ensure the efficient administration of the fund while fairly distributing the associated costs among the involved parties.
Scope and Application
The States Grants (Coal Mining Industry Long Service Leave) Regulations 1991 apply to the long service leave scheme for the coal mining industry, which is funded on an industry-wide basis and administered by the Commonwealth as a third party. The Act itself applies to the coal mining industry, specifically targeting employers and employees within this sector. The scheme involves four states and major industry bodies, ensuring a coordinated approach to the administration of long service leave benefits. The geographic reach of the Act is national, as it involves multiple states and the Commonwealth. The regulations also allow for the recovery of costs incurred by the Commonwealth in administering the fund, with specific amounts to be prescribed and recovered as outlined in the Regulations. Any exclusions or exemptions are not detailed in the provided text, and the application of the Act may be extended or restricted through subordinate instruments such as these Regulations.
Key Provisions
The key provisions of the States Grants (Coal Mining Industry Long Service Leave) Regulations 1991 No. 163 revolve around the recovery of costs incurred by the Commonwealth in administering the long service leave scheme for the coal mining industry. Under Section 3(a) of the Regulations, an amount of $36,241 is specified to cover these administrative costs for the period from 18 December 1990 to 30 June 1991. This amount is to be recovered by the Commonwealth from the fund established under the States Grants (Coal Mining Industry Long Service Leave) Act (the Act). Furthermore, Section 3(b) stipulates that this recovery must occur no later than 30 days after the conclusion of the 1990-1991 financial year.
These Regulations impose specific obligations on the Commonwealth, the four states involved, and the major coal mining industry employer and employee bodies. The Commonwealth is responsible for administering the fund and has the authority to recover the specified administrative costs from the fund. The states and industry bodies are integral to the long service leave scheme, participating in the funding and benefits provision. Their roles are defined under the overarching Act, which these Regulations seek to implement by detailing the financial arrangements and recovery processes.
Failure to comply with the provisions of these Regulations could lead to civil or administrative consequences, although specific penalties are not explicitly detailed in the Regulations. However, considering the context of the Act, non-compliance might result in legal challenges or disputes regarding the proper administration and funding of the long service leave scheme. The seriousness of such consequences would depend on the specific breach and the resultant impact on the scheme's integrity and the rights of the employees and employers involved.
The Regulations, by setting out the financial recovery process, ensure that the administrative costs borne by the Commonwealth are recouped within a specified timeframe, maintaining the financial viability of the long service leave scheme. This structured approach helps in upholding the scheme's purpose and benefits, ensuring that the coal mining industry can continue to provide long service leave benefits to its employees effectively.