Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 72 of 1973 as amended
This compilation was prepared on 8 February 2010
taking into account amendments up to Act No. 54 of 2009
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing
,
Attorney‑General's Department,
Canberra
Contents
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ...................................................................................... 1
4............ Application of Act ............................................................................. 2
5............ Persons in relation to whom Act applies ........................................... 3
5A......... How Act applies to persons employed in Parliamentary Departments 4
6............ Absence from duty in relation to childbirth ....................................... 5
7............ Employee may continue to perform, or resume, duty in certain circumstances 8
7A......... Other applications to resume duty ..................................................... 9
7B......... Grant of maternity leave not to affect continuity of service ............ 11
8............ APS employees on maternity leave .................................................. 11
9............ Temporary employees on maternity leave ....................................... 12
10.......... No discrimination by reason of pregnancy ....................................... 12
11.......... Delegation by Agency Head ............................................................. 12
15.......... Regulations ....................................................................................... 13
Notes 15
Notes to
the
Maternity Leave (Commonwealth Employees)
Act 1973 Note 1 The Maternity Leave (Commonwealth Employees) Act 1973 as
shown in this compilation comprises Act No. 72, 1973 amended as indicated
in the Tables below. The Maternity Leave (Commonwealth Employees) Act 1973 was
amended by the Workplace Relations Amendment (Work Choices) (Consequential
Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50). The
amendment is incorporated in this compilation. The Maternity Leave (Commonwealth Employees) Act 1973 was
amended by the Fair Work (State Referral and Consequential and Other
Amendments) Act 2009 (No. 54, 2009) as amended by the Fair Work
(State Referral and Consequential and Other Amendments) Regulations 2009
(SLI 2009 No. 165 as amended by SLI 2009 No. 364). The
amendment is incorporated in this compilation. The Maternity Leave (Commonwealth Employees) Act 1973 was
modified by the A.C.T. Self‑Government (Consequential Provisions) Act
1988 (No. 109, 1988), see Table B. The Maternity Leave (Commonwealth Employees) Act 1973 is
affected by sections 39 and 40 of the CSL Sale Act 1993
All relevant information pertaining to application, saving or transitional provisions prior to 6 December 1988 is not included in this compilation. For subsequent information see Table A.
Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
72, 1973 |
18 June 1973 |
18 June 1973 |
|
|
|
Maternity Leave (Australian Government Employees) Amendment Act 1978 |
168, 1978 |
28 Nov 1978 |
S. 7(2): 15 Mar 1981 (see s. 2(2) and Gazette
1981, No. S43) |
|
|
Australian Federal Police (Consequential Amendments) Act 1979 |
155, 1979 |
28 Nov 1979 |
19 Oct 1979 (see s. 2 and Gazette 1979, No. S206) |
-- |
|
A.C.T. Self‑Government (Consequential Provisions) Act 1988 |
109, 1988 |
6 Dec 1988 |
S. 24: 11 May 1989 (see Gazette 1989, No.
S164) |
S. 24 [see Table A] |
|
as amended by |
|
|
|
|
|
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 |
92, 1994 |
29 June 1994 |
1 July 1994 (see Gazette 1994, No. S256) |
-- |
|
OTC (Conversion into Public Company) Act 1988 |
129, 1988 |
14 Dec 1988 |
Ss. 7(2), 8(2), 9, 11-22 and 25: 1 Apr 1989 (see
Gazette 1989, No. S92) |
-- |
|
199, 1991 |
18 Dec 1991 |
18 Dec 1991 |
-- |
|
|
215, 1992 |
24 Dec 1992 |
Part 1 (ss. 1, 2) and Part 3 (ss. 9, 10):
Royal Assent |
-- |
|
|
Industrial Relations and other Legislation Amendment Act 1993 |
109, 1993 |
22 Dec 1993 |
Ss. 1, 2 and 58: Royal Assent |
-- |
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (item 72): (b) |
-- |
|
|
189, 1997 |
7 Dec 1997 |
(c) |
-- |
|
|
as amended by |
|
|
|
|
|
145, 1999 |
11 Nov 1999 |
(d) |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 568-585): 5 Dec 1999 (see Gazette 1999, No. S584) (e) |
-- |
|
194, 1999 |
23 Dec 1999 |
Schedule 19: 23 Dec 1999 (f) |
-- |
|
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 8 (item 101): (g) |
Sch. 8 (item 159A) (ad. by SLI 2009 No. 165, Sch. 2 [item 6]) [see Note 1 and Table A] |
(a) The Maternity Leave (Commonwealth Employees) Act 1973 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
Section 21 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 provides as follows:
21(1) Items in Schedule 5 to the Principal Act, as amended by this Act, that have not commenced under section 2 of the Principal Act commence immediately after the commencement of this Act.
(2) This section has effect in spite of subsection 2(3) of the Principal Act.
The Australian Capital Territory Government Service (Consequential Provisions) Act 1994 came into operation on 1 July 1994 (see Gazette 1994, No. S256).
(b) The Maternity Leave (Commonwealth Employees) Act 1973 was amended by Schedule 2 (item 72) and Schedule 5 (items 80-83) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Item 72 is taken to have commenced immediately after the commencement of section 24 of the OTC (Conversion into Public Company) Act 1988.
Section 24 of the OTC (Conversion into Public Company) Act 1988 came into operation on 14 December 1988.
(c) Section 2 of the Parliamentary Service (Consequential Amendments) Act 1997 provides as follows:
2 This Act commences at the time when the Parliamentary Service Act 1999 commences.
The Parliamentary Service Act 1999 came into operation on the same day as the Public Service Act 1999, immediately after that Act commenced.
The Public Service Act 1999 came into operation on 5 December 1999 (see Gazette 1999, No. S584).
(d) Section 2 of the Parliamentary Service Act 1999 provides as follows:
2 This Act commences, or is taken to have commenced, on the same day as the Public Service Act 1999, immediately after the commencement of that Act.
The Public Service Act 1999 came into operation of 5 December 1999 (see Gazette 1999, No. S584).
(e) The Maternity Leave (Commonwealth Employees) Act 1973 was amended by Schedule 1 (items 568-585) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(f) The Maternity Leave (Commonwealth Employees) Act 1973 was amended by Schedule 19 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(g) Subsection 2(1) (item 24) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
24. Schedule 8, items 1 to 130 |
Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009. |
1 July 2009 (see F2009L02563) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title.................................... |
am. No. 168, 1978 |
|
rs. No. 168, 1978 |
|
|
am. No. 168, 1978; No. 129, 1988; No. 109, 1993; No. 43, 1996; No. 146, 1999 |
|
|
am. No. 168, 1978; No. 155, 1979; No. 109, 1988 (as am. by No. 92, 1994); No. 43, 1996; Nos. 146 and 194, 1999 |
|
|
ad. No. 109, 1993 |
|
|
|
am. No. 189, 1997 (as am. by No. 145, 1999); No. 146, 1999 |
|
am. No. 168, 1978; No. 215, 1992; No. 146, 1999 |
|
|
rs. No. 168, 1978 |
|
|
ad. No. 168, 1978 |
|
|
|
am. No. 215, 1992; No. 43, 1996; No. 146, 1999 |
|
ad. No. 168, 1978 |
|
|
am. No. 168, 1978; No. 199, 1991; No. 215, 1992; No. 109, 1993 |
|
|
|
rs. No. 146, 1999 |
|
|
am. SLI 2006 No. 50; No. 54, 2009 |
|
rs. No. 168, 1978; No. 215, 1992 |
|
|
|
am. No. 109, 1993 |
|
|
rs. No. 146, 1999 |
|
S. 12.................................. |
rep. No. 168, 1978 |
|
|
ad. No. 215, 1992 |
|
|
am. No. 109, 1993 |
|
|
rep. No. 146, 1999 |
|
Ss. 13, 14.......................... |
rep. No. 168, 1978 |
Table A
A.C.T. Self‑Government (Consequential Provisions) Act 1988 (No. 109, 1988)
24 Transitional application of Maternity Leave (Commonwealth Employees) Act
(1) In this section:
Territory staff means:
(a) the Head of Administration;
(b) an Associate Head of Administration;
(c) the transitional Territory staff;
(d) the members of the teaching service; and
(e) persons who constitute, or are members of, an enactment authority.
(2) Until the commencement of the amendments of the Maternity Leave (Commonwealth Employees) Act 1973I (in this section called the Act) made by this Act, the Act applies in relation to the members of the Territory staff:
(a) as if the Territory were a prescribed authority as defined by section 3 of the Act;
(b) as if those members were employed by that authority under a law of the Commonwealth; and
(c) subject to the modifications in Schedule 3.
(3) Decisions for the purposes of the Act made in relation to Territory staff by the Public Service Commissioner that were in effect at the commencement of this section continue in effect as if made by the Head of Administration.
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)
Schedule 8
159A Application of Maternity Leave (Commonwealth Employees) Act 1973--item 101
Section 8 of the Maternity Leave (Commonwealth Employees) Act 1973 applies as if a reference in that section to section 84 of the Fair Work Act 2009 includes a reference to sections 280 and 281 of the Workplace Relations Act 1996, to the extent that those sections continue to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Table B
Modifications
A.C.T. Self‑Government (Consequential Provisions) Act 1988 (No. 109, 1988)
After subsection 3(1):
Insert the following subsection:
(1A) References in this Act to the Public Service Board or to the Public Service Commissioner shall be read as references to the Head of Administration as defined by section 3 of the Self‑Government Act.
Insert the following definition:
Self‑Government Act means the Australian Capital Territory (Self‑Government) Act 1988.
Paragraph 5(1)(a):
Omit the paragraph.
Paragraph 5(1)(b):
Omit "such other persons employed by the Commonwealth, and".
Omit the subsection.
After paragraph 5(3)(a):
Insert the following paragraph:
(ab) a member of the Legislative Assembly for the Australian Capital Territory or a Minister as defined by section 3 of the Self‑Government Act;
After "other Act" (wherever occurring) insert ", or other enactment as defined by section 3 of the Self‑Government Act".
Paragraph 8(1)(a):
Omit "a Department of the Public Service of the Commonwealth", substitute "the branch of the Australian Public Service comprising transitional staff as defined by section 3 of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.".
Omit the subsection.
Omit the section.