Paid Parental Leave Act 2010

This section applies to a decision (an employer determination decision) of an officer under section 101 to make an employer determination.

A reference in subsection (1) to a decision of an officer includes a reference to a determination that the Secretary is taken, because of a provision of this Act, to have made.

An employer may apply, in writing, to the Secretary for review of an employer determination decision that relates to the employer and a person if the employer believes that:

both:

a condition in paragraph 101(1)(b) or (c) is not satisfied in relation to the employer determination; and

the employer has not made an election under section 109 that applies to the person; or

a condition in paragraph 101(1)(d), (da) or (e) is not satisfied in relation to the employer determination.

The conditions in paragraphs 101(1)(b) to (e) relate to the employment by an employer of someone to whom parental leave pay is payable.

Section 109 allows an employer to elect to pay instalments to an employee, a class of employees or all employees of the employer. Subsection 101(2) deals with the application of paragraphs 101(1)(b) and (c) if the employer has made an election under section 109 that applies to the person.

However, the employer cannot make an application under subsection (3) for review of an employer determination decision that was made personally by a PPL agency representative.

An application under subsection (3) may only be made within the 14 day period referred to in section 103.

Section 103 requires an employer for which an employer determination has been made to, within a 14 day period, either provide a notice to the Secretary accepting the determination or apply for review of the employer determination.

An application under subsection (3) must:

specify the condition or conditions that the employer believes are not satisfied; and

if paragraph (3)(a) applies to the application—state whether the employer believes that an election under section 109 applies to the person; and

be signed by a person authorised by the employer; and

be accompanied by:

documentary evidence supporting the application; or

if the applicant is unable to provide documentary evidence—a statutory declaration supporting the application.

The disclosure of personal information (within the meaning of the Privacy Act 1988) for the purposes of making an application under subsection (3) is taken to be authorised by this Act for the purposes of:

the Privacy Act 1988; and

any provision of a law of a State or a Territory that provides that personal information may be used or disclosed if the use or disclosure is authorised by law.