Paid Parental Leave Act 2010

If the Secretary makes an employer determination for a person and the person’s employer in relation to a child of the person, the employer must notify the Secretary if any of the following events happen:

the employer’s bank account information changes;

the person’s instalment period changes;

the day on which the person would usually be paid in relation to the person’s performance of work for instalment periods for the person changes;

the payroll cut‑off for instalments payable to the person changes;

the employer becomes aware that the employer has ceased, or is likely to cease, to carry on a business;

the person performs more than one hour of paid work for the employer at any time during the person’s continuous flexible period for the child;

the person ceases to be employed by the employer before the end of the person’s continuous flexible period for the child;

the person is not paid an instalment the employer is required to pay to the person;

the employer is not paid enough to fund a particular instalment for the person as at the payroll cut‑off for the instalment;

if the Secretary has agreed to pay a particular PPL funding amount to the employer—the employer is not paid the PPL funding amount as agreed;

in any case—a PPL funding amount paid to the employer is more than the sum of the amounts of the instalments payable to the person for the days for which the PPL funding amount has been paid;

the sum of the PPL funding amounts paid to the employer for the person is more than the sum of the amounts of the instalments that are payable by the employer to the person under this Part.

The notice must be given:

as soon as practicable after the employer becomes aware that the event has happened (subject to paragraph (b)); and

if paragraph (1)(e) applies—not more than 30 days before the day the employer ceased, or is likely to cease, to carry on the business; and

in the manner set out in a written notice given to the employer under subsection (2B).

This subsection is a civil penalty provision (see section 146).

The Secretary must approve a manner of notification that an employer must use when notifying the Secretary of an event under this section.

The Secretary must, by written notice, notify the employer of the approved manner of notification.

An obligation under subsection (1) that arises because of any of paragraphs (1)(a) to (g) ceases to apply if the event happens on or after the earliest of the following days:

if the employer determination comes into force:

if the employer determination is not revoked—the day after the person’s continuous flexible period for the child ends; and

if the employer determination is revoked—the day the revocation comes into force;

if the employer determination never comes into force—the day the Secretary becomes required to pay instalments to the person instead of the employer under the employer determination.