1Short title
This Act may be cited as the Paid Parental Leave Act 2010.
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Bill homepage (APH)This Act may be cited as the Paid Parental Leave Act 2010.
This Act commences on 1 October 2010.
This Act binds the Crown in each of its capacities.
However, this Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to Norfolk Island.
This Act establishes a paid parental leave scheme for the payment of parental leave pay and paid parental leave superannuation contributions.
The objects of the paid parental leave scheme are to:
signal that taking time out of the paid workforce to care for a child is part of the usual course of life and work for both parents; and
promote equality between men and women and balance between work and family life; and
provide financial support to parents caring for children, in order to:
allow those parents to take time off work to care for the child after the child’s birth or adoption; and
enhance the health and development of birth mothers and children; and
encourage women to continue to participate in the workforce; and
provide those parents with flexibility to balance work and family life; and
increase the time that fathers and partners take off work around the time of birth or adoption; and
create further opportunities for fathers and partners to bond with their child; and
allow fathers and partners to take a greater share of caring responsibilities and to support mothers and partners from the beginning; and
reduce the long term financial impact of taking time off work to care for the child by adding to the superannuation balances of those parents.
The financial support provided by this Act is intended to complement and supplement existing entitlements to paid or unpaid leave in connection with the birth or adoption of a child.
Overview
This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child.
Parental leave pay is payable to a person for a child for a flexible PPL day for the child. The number of flexible PPL days for the child for which parental leave pay can be paid is limited.
Parental leave pay is paid in instalments at the daily national minimum wage amount for a day that is a flexible PPL day for the child and for which parental leave pay is payable to the person.
Parental leave pay is paid by either the person’s employer (if it is for at least 40 consecutive flexible PPL days for a child that are week days) or the Secretary.
Chapter 2—When parental leave pay is payable to a person
Chapter 2 sets out when parental leave pay is payable to a person. The key provisions for the Chapter are found in Part 2‑1.
A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination.
The Secretary cannot make that determination if the person is not eligible for parental leave pay. Part 2‑3 has the rules about eligibility.
The Secretary also cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims.
There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.
Chapter 3—Payment of parental leave pay
Chapter 3 sets out how parental leave pay is paid to a person.
Part 3‑1 is about instalments of parental leave pay. It deals with when instalments must be paid, whether the person’s employer or the Secretary must pay them and the amount of the instalments.
Part 3‑2 sets out when a person’s employer must pay instalments to the person. An employer is required to pay an instalment to a person in relation to a child if:
an employer determination has come into force for the employer and the person; and
the instalment is payable in relation to a flexible PPL day for the child that falls within the person’s continuous flexible period for the child (which consists of at least 40 consecutive flexible PPL days for the child that are week days); and
the employer has been paid enough by the Secretary to fund the instalment.
Part 3‑3 sets out when the Secretary must pay instalments directly to the person. For instance, the Secretary is required to do that if an employer determination is never made for the person (e.g. the person is a contractor and so does not have an employer). There are some other circumstances in which the Secretary is also required to pay instalments directly to the person (such as when an employer determination is being reviewed or has been revoked).
Part 3‑4 has general rules about the payment of instalments (such as what happens when an instalment cannot be paid on the day specified in this Act).
Part 3‑5 is about employer determinations. If an employer determination is in force for an employer and a person, the employer must pay instalments to the person. The Secretary must be satisfied that certain conditions have been met before the Secretary can make an employer determination.
Chapter 3A—PPL superannuation contributions
A PPL superannuation contribution is payable for a person for an income year if one or more PPL funding amounts or instalments relating to the person are paid by the Secretary in the income year.
The amount of a PPL superannuation contribution is calculated on the basis of the SG charge percentage for the income year and is generally paid by the Commissioner of Taxation in the subsequent income year to a complying superannuation fund for the person.
The Commissioner of Taxation has the general administration of Chapter 3A.
Chapter 4—Compliance and enforcement
Chapter 4 deals with compliance and enforcement.
Part 4‑1 allows the Secretary to gather information for the purposes of checking compliance with this Act. It also deals with the confidentiality of personal and protected information.
Part 4‑2 deals with other compliance matters. It allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer has not complied with certain obligations under this Act. It also deals with civil penalty provisions, compliance notices and infringement notices.
Part 4‑3 provides for debts in relation to the paid parental leave scheme, and for the recovery of debts owing to the Commonwealth.
Chapter 5—Administrative review of decisions
Chapter 5 is about administrative review of decisions made under this Act.
Part 5‑1 allows the Secretary, on the Secretary’s own initiative, to conduct an internal review of decisions made under this Act. It also allows a person whose interests are affected by certain types of decisions to seek internal review of those decisions, and an employer to seek internal review of certain types of decisions that affect employers.
Part 5‑2 allows a person to apply to the Administrative Review Tribunal (ART) for review of certain decisions made under this Act. This review is called ART review.
If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.
In other circumstances, application may be made for review (a “second review”) of the decision by the ART on ART review. Applications for second review are made under the ART Act.
Part 5‑4 has miscellaneous provisions relating to reviews of decisions made under this Act.
Chapter 6—Miscellaneous
Chapter 6 has miscellaneous provisions.
Part 6‑1 has rules that modify this Act so that it applies correctly in 3 limited kinds of cases—adoption, claims made in exceptional circumstances etc. and Commonwealth employment.
Part 6‑2 is about payment nominees (who are people who can receive payments of instalments of parental leave pay on behalf of other people for the purposes of this Act) and correspondence nominees (who are people who can receive notices on behalf of other people for the purposes of this Act).
Part 6‑3 deals with other miscellaneous matters, such as the PPL rules, delegations and regulations.
This Part is about the terms that are defined in this Act.
Division 2 has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
This Part has the key provisions for this Chapter (which deals with when parental leave pay is payable to a person).
A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination.
The Secretary cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims. There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.
If the Secretary makes a determination that parental leave pay is payable to a person for one or more flexible PPL days for a child of the person, parental leave pay is payable for the particular days specified in the determination. The number of flexible PPL days for the child for which parental leave pay can be paid is limited.
The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days.
The person’s employer or the Secretary will pay instalments of parental leave pay that are payable to a person (see Chapter 3 for the rules about the payment of parental leave pay).
Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 13 or 14.
See Division 2 of Part 2‑2 for the rules about when the Secretary can make such a determination.
The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day.
See Part 2‑3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child.
The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made:
an effective PPL claim for parental leave pay for that day (in which case the person is a PPL claimant); or
an effective special PPL claim for parental leave pay for that day (in which case the person is a special PPL claimant).
See Part 2‑4 for the rules about how to make an effective claim.
A day is a flexible PPL day for a child if the day occurs in the period that:
starts on the day the child is born; and
ends on the day before the child’s second birthday.
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