Industrial Relations Act 2016

In this division—

adoption leave means short adoption leave or long adoption leave.

birth-related leave means short birth-related leave or long birth-related leave.

child means—

for adoption leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child was adopted by the employee—

had been living with the employee for a continuous period of at least 6 months; or

was the employee’s stepchild or the child or stepchild of the employee’s spouse; or

for surrogacy leave—a child born as a result of a surrogacy arrangement; or

for cultural parent leave—a child who is under the age of 16 years, but does not include a child who, immediately before the child’s parentage was transferred to the employee, had been living with the employee for a continuous period of at least 6 months.

cultural parent see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, section 10.

cultural parent leave means short cultural parent leave or long cultural parent leave.

cultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, schedule 1.

intended cultural parent means a cultural parent whose application for a cultural recognition order has not been decided.

intended parent, for a surrogacy arrangement, see the Surrogacy Act 2010, section 9.

long adoption leave means leave taken by an employee to enable the employee to be responsible for the care of a child adopted by the employee.

long birth-related leave means—

leave taken by a pregnant employee—

for the birth of the employee’s child; or

to enable the employee to be responsible for the care of the child; or

leave taken by an employee whose spouse has given birth to a child to enable the employee to be responsible for the care of the employee’s child.

long cultural parent leave means leave taken by an employee to enable the employee to be responsible for the care of a child whose parentage is transferred to the employee under a cultural recognition order.

long parental leave means—

long birth-related leave; or

long adoption leave; or

long surrogacy leave; or

long cultural parent leave.

long surrogacy leave means leave taken by an employee to enable the employee to be responsible for the care of the employee’s surrogate child.

maternity leave...

parental leave means long parental leave or short parental leave.

short adoption leave means leave taken by an employee who is responsible for the care of an adopted child after the child is adopted by the employee.

short birth-related leave means leave taken by an employee who is responsible for the care of a child in connection with the birth of the child of the employee’s spouse—

after the birth of the child; or

at the time the pregnancy ends other than by the birth of a living child or stillborn child.

short cultural parent leave means leave taken by an employee who is responsible for the care of a child after the child’s parentage is transferred to the employee under a cultural recognition order.

short parental leave means—

short birth-related leave; or

short adoption leave; or

short surrogacy leave; or

short cultural parent leave.

short surrogacy leave means leave taken by an employee who is responsible for the care of the employee’s surrogate child after the child starts residing with the employee.

stillborn child means a child—

who has shown no sign of respiration or heartbeat, or other sign of life, after delivery of the child has been completed; and

who—

has been gestated for 20 weeks or more; or

weighs 400g or more.

surrogacy arrangement see the Surrogacy Act 2010, section 7.

surrogacy leave means long surrogacy leave or short surrogacy leave.

surrogate child, of an employee, means a child born as a result of a surrogacy arrangement in which the employee has agreed to become permanently responsible for the custody and guardianship of the child.