|
Navigation: Previous Page | Contents | Next Page
Part 2
Legislative
Instruments
introduced 17–20 September 2012
2.1
The committee has considered 34 legislative instruments introduced in
the Parliament between 17 and 20 September 2012. The full list of instruments
scrutinised by the committee can be found in Appendix 2.
2.2
Ten of these instruments do not appear to raise human rights concerns
and are accompanied by statements of compatibility that the committee considers
to be adequate.
2.3
21 instruments have been introduced with statements of compatibility
that do not fully meet the committee's expectations. As the instruments in
question do not raise human rights compatibility concerns, the committee has
written to the relevant Ministers in a purely advisory capacity providing
guidance on the preparation of statements of compatibility. The committee hopes
that this approach will assist in the preparation of future statements of
compatibility that conform more completely to the committee's expectations.
2.4
Two instruments appear to have been introduced without a statement of
compatibility. The committee has written to the relevant Minister to seek
clarification for the absence of a statement.
2.5
The committee has identified one instrument for which it seeks further clarification
from the relevant Minister before forming a view on the instrument's
compatibility with human rights.
Coal Mining Industry (Long Service Leave) Legislation Amendment Regulation
2012
FRLI ID: F2012L01873
Introduced into the House of Representatives and the Senate on 17 September 2012
Portfolio: Employment and Workplace Relations
Committee view
2.6
The committee seeks further information from the Minister for
Employment and Workplace Relations before forming a view on the regulation's
compatibility with human rights.
Purpose of the bill
2.7
The Coal Mining Industry (Long Service Leave) Legislation Amendment
Act 2011 provides that certain periods of service undertaken by eligible
employees and former eligible employees between 1 January 2000 and 31 December
2011 may be counted towards their long service leave accrual.
2.8
Schedule 5 of the Act sets out the timelines and dates by which certain
administrative obligations are to be met in order to access these entitlements.
This regulation will make the following changes to those timelines:
- extend the timeline for former eligible employees to provide
information to the Coal Mining Industry (Service Leave Funding) Corporation for
the purposes of having periods of service recognised as qualifying service;
- extend the timeline by which the Coal Mining Industry (Service
Leave Funding) Corporation is required to notify former and current eligible
employees about records that it has in relation to them; and
- grant more time for the Corporation to seek actuarial advice in
relation to the sufficiency of the Coal Mining Industry (Long Service Leave)
Fund.
2.9
It appears that a person's access to their long service leave
entitlement may be delayed as a result of these changes.
2.10
The explanatory statement does not provide any justification for the
delay in reporting requirements, other than that the Corporation is
experiencing a high workload.
Compatibility with human rights
Rights in work
2.11
The statement of compatibility states that the instrument does not
engage any human rights.
2.12
The secretariat notes that the instrument may engage article 7 of the
International Covenant on Economic, Social and Cultural Rights (ICESCR).
Article 7 of ICESCR protects the right to just and favourable conditions of
work, including rest and leisure and periodic holidays with pay.
2.13
Before forming a view as to whether the regulation is compatible
with human rights, the committee proposes to write to the Minister for
Employment and Workplace Relations to seek clarification on the regulation's
compatibility with article 7 of ICESCR.
Navigation: Previous Page | Contents | Next Page
Top
|