Commonwealth Numbered Acts

MATERNITY LEAVE (AUSTRALIAN GOVERNMENT EMPLOYEES) AMENDMENT ACT 1978 No. 168, 1978 - SECT 7

7. (1) Section 6 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) A female employee who has become pregnant (whether before or after being
employed by the Commonwealth or a prescribed authority)-

   (a)  shall, on application made to a leave officer before she is confined,
        be granted by the leave officer permission to absent herself from duty
        during a period not exceeding 52 weeks commencing on the date of
        commencement of the period during which she is required, in accordance
        with paragraph (b), to absent herself from duty;

   (b)  shall, subject to section 7, whether or not she has been granted
        permission under paragraph (a), absent herself from duty during a
        period that-

        (i)    if she is still pregnant 6 weeks before the expected date of
               birth of her child-commences 6 weeks before the expected date
               of birth of her child and continues until the expiration of a
               period of 6 weeks commencing on the date of her confinement; or

        (ii)   if she is confined earlier than 6 weeks before the expected
               date of birth of her child-commences on the date of her
               confinement and continues for 6 weeks; and

   (c)  shall, on application made to a leave officer-

        (i)    while she is, or after she has been, absent from duty in
               accordance with permission granted under paragraph (a) or under
               this paragraph; or

        (ii)   if no such permission has been granted-while she is, or after
               she has been, absent from duty in pursuance of paragraph (b),

be granted by the leave officer permission to absent herself from duty during
a further period ending on or before the expiration of a period of 52 weeks
commencing on the date of commencement of the period during which she is or
was required, in accordance with paragraph (b), to absent herself from
duty.'';

   (b)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:

''(3) Subject to sub-sections (4), (4C) and (4F), an employee who has been
confined and who has been absent from duty for a period or periods in
accordance with this section is entitled to pay-

   (a)  in a case where the period of absence, or the sum of the periods of
        absence, exceeds 12 weeks-for the first 12 weeks of that absence; and

   (b)  in any other case-for the whole of that absence.

''(4) An employee is not entitled, under sub-section (3), to pay in respect of
any absence that occurs before the day on which the continuous period, or the
last continuous period, during which she is, by virtue of sub-section (4A), to
be taken to be a person to whom this sub-section applies first exceeds 12
months.

''(4A) A person shall be taken to be a person to whom sub-section (4) applies
by virtue of this sub-section-

   (a)  while she is a person to and in relation to whom this Act applies; or

   (b)  while she is employed by a body corporate (not being an incorporated
        company, society or association), or an unincorporated body,
        established for a public purpose by a law of the Commonwealth or of a
        Territory other than the Northern Territory but is not a person to and
        in relation to whom this Act applies.

''(4B) A person shall not be taken to be a person to whom sub-section (4)
applies by virtue of sub-section (4A) during any period during which, by
virtue of sub-section 5 (3), this Act does not apply to or in relation to her.

''(4C) Where an employee is absent from duty on unauthorized absence
immediately before the commencement of the period during which, but for the
operation of paragraph (a) of this sub-section, the employee would be required
by paragraph (1) (b) to absent herself from duty in connection with her
expected confinement, or with her confinement, as the case may be, unless the
Board determines that the unauthorized absence occurs in extenuating
circumstances-

   (a)  the other provisions of this Act do not apply to her in connection
        with her expected confinement, or with her confinement, as the case
        may be;

   (b)  she shall absent herself from duty during that first- mentioned
        period, but, subject to sub-section (4D), is not entitled to pay in
        respect of the period while she is so absent; and

   (c)  if, upon the expiration of that first-mentioned period, she remains
        absent from duty on unauthorized absence, her unauthorized absence
        before the commencement of that period shall be deemed to be
        continuous with her unauthorized absence after the expiration of that
        period.

''(4D) Sub-section (4C) does not affect an employee's entitlement to pay for
any period of long service leave or leave of absence for recreation or on
account of illness that is granted to her.

''(4E) Where a female employee who is granted leave of absence without pay has
become pregnant before, or becomes pregnant after, the commencement of that
leave, her absence from duty in accordance with the grant during any part of
the period of 52 weeks commencing 6 weeks before the expected birth of her
child or, if she is confined earlier than 6 weeks before the expected birth of
her child, commencing on the date of her confinement, shall be deemed, for the
purposes of paragraph (1) (c) and sub-section (3), to be absence from duty in
accordance with permission granted under paragraph (1) (a).

''(4F) Notwithstanding sub-section (4E), where a female employee who is
granted leave of absence from her employment without pay for a period (in this
sub-section referred to as 'the relevant period'), being a period exceeding 6
weeks, has become pregnant before, or becomes pregnant after, the commencement
of that leave, unless the Board otherwise determines-

   (a)  sub-section (1) does not authorize a leave officer to grant her
        permission to absent herself from duty under this Act at any time
        while she is absent from duty in accordance with that grant; and

   (b)  she is not entitled to pay under sub-section (3) in respect of that
        employment for any part of the relevant period.

''(4G) Sub-section (4F) applies to and in relation to an employee who has been
granted leave of absence without pay for a period whether or not she ceases to
be absent from duty on leave without pay before the expiration of that period,
but does not apply to such an employee unless she is absent on leave without
pay in accordance with the grant for a continuous period exceeding 6 weeks.'';

   (c)  by omitting from sub-section (5) ''sub-section (4)'' and sub-stituting
        ''sub-section (3)'';

   (d)  by omitting sub-section (6);

   (e)  by inserting in paragraph (a) of sub-section (7) ''or (1) (c)'' after
        ''paragraph (1) (a)'';

   (f)  by omitting from paragraph (b) of sub-section (7) ''sub-section (4)''
        and substituting ''sub-section (3)''; and

   (g)  by omitting from sub-section (8) ''sub-section (4)'' and sub-stituting
        ''sub-section (3)''.

(2) Section 6 of the Principal Act is further amended-

   (a)  by inserting in sub-section (4) ''or (4AB)'' after ''sub-section
        (4A)'';

   (b)  by inserting after sub-section (4A) the following sub-section:

''(4AB) A person (other than a person who is to be taken to be a person to
whom sub-section (4) applies by virtue of sub-section (4A)) shall be taken to
be a person to whom sub-section (4) applies by virtue of this sub-section-

   (a)  while she is employed in eligible Commonwealth employment within the
        meaning of Part IV of the Public Service Act 1922; and

   (b)  while she is employed in eligible public employment within the meaning
        of Part IV of the Public Service Act 1922 (other than eligible
        Commonwealth employment within the meaning of that Part) and is a
        person to whom Division 2 or Division 3 of that Act applies.''; and

(c) by inserting in sub-section (4B) '' or (4AB)'' after ''sub-section (4A)''.