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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Paid Parental Leave Amendment
(Improvements for Families and Gender
Equality) Bill 2022
No. , 2022
(Social Services)
A Bill for an Act to amend the law relating to paid
parental leave, and for related purposes
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Paid Parental Leave Act 2010
3
Schedule 2--Consequential amendments
52
A New Tax System (Family Assistance) Act 1999
52
A New Tax System (Family Assistance) (Administration) Act 1999
53
Data-matching Program (Assistance and Tax) Act 1990
54
Fair Work Act 2009
54
Income Tax Assessment Act 1997
54
Social Security Act 1991
54
Taxation Administration Act 1953
55
Veterans' Entitlements Act 1986
56
Schedule 3--Application, savings and transitional provisions
57
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
1
A Bill for an Act to amend the law relating to paid
1
parental leave, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Paid Parental Leave Amendment (Improvements for
5
Families and Gender Equality) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
26 March 2023.
26 March 2023
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
3
Schedule 1--Main amendments
1
2
Paid Parental Leave Act 2010
3
1 Section 3A
4
Repeal the section, substitute:
5
3A Objects of this Act
6
(1) This Act establishes a paid parental leave scheme for the payment
7
of parental leave pay.
8
(2) The objects of the paid parental leave scheme are to:
9
(a) signal that taking time out of the paid workforce to care for a
10
child is part of the usual course of life and work for both
11
parents; and
12
(b) promote equality between men and women and balance
13
between work and family life; and
14
(c) provide financial support to parents caring for children, in
15
order to:
16
(i) allow those parents to take time off work to care for the
17
child after the child's birth or adoption; and
18
(ii) enhance the health and development of birth mothers
19
and children; and
20
(iii) encourage women to continue to participate in the
21
workforce; and
22
(iv) provide those parents with flexibility to balance work
23
and family life; and
24
(v) increase the time that fathers and partners take off work
25
around the time of birth or adoption; and
26
(vi) create further opportunities for fathers and partners to
27
bond with their child; and
28
(vii) allow fathers and partners to take a greater share of
29
caring responsibilities and to support mothers and
30
partners from the beginning.
31
Schedule 1
Main amendments
4
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
(3) The financial support provided by this Act is intended to
1
complement and supplement existing entitlements to paid or
2
unpaid leave in connection with the birth or adoption of a child.
3
2 Section 4
4
Repeal the section, substitute:
5
4 Guide to this Act
6
Overview
7
This Act provides for the payment of parental leave pay following
8
the birth of a child or, for adoption, the placement of a child.
9
Parental leave pay is payable to a person for a child for a flexible
10
PPL day for the child. The number of flexible PPL days for the
11
child for which parental leave pay can be paid generally cannot
12
exceed 100.
13
Parental leave pay is paid in instalments at the daily national
14
minimum wage amount for a day that is a flexible PPL day for the
15
child and for which parental leave pay is payable to the person.
16
Parental leave pay is paid by either the person's employer (if it is
17
for at least 40 consecutive flexible PPL days for a child that are
18
week days) or the Secretary.
19
Chapter 2--When parental leave pay is payable to a person
20
Chapter 2 sets out when parental leave pay is payable to a person.
21
The key provisions for the Chapter are found in Part 2-1.
22
A person can only be paid parental leave pay if the Secretary
23
makes a determination that parental leave pay is payable to the
24
person. Part 2-2 has the rules about when the Secretary can make
25
that determination.
26
The Secretary cannot make that determination if the person is not
27
eligible for parental leave pay. Part 2-3 has the rules about
28
eligibility.
29
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
5
The Secretary also cannot make that determination if the person
1
has not made a claim for parental leave pay. Part 2-4 has the rules
2
about claims.
3
There are 2 types of claims: PPL claims and special PPL claims.
4
These claims relate to each other, although PPL claims are the
5
main type of claim. PPL claims will often be the only claims that
6
are made.
7
Chapter 3--Payment of parental leave pay
8
Chapter 3 sets out how parental leave pay is paid to a person.
9
Part 3-1 is about instalments of parental leave pay. It deals with
10
when instalments must be paid, whether the person's employer or
11
the Secretary must pay them and the amount of the instalments.
12
Part 3-2 sets out when a person's employer must pay instalments to
13
the person. An employer is required to pay an instalment to a
14
person in relation to a child if:
15
(a)
an employer determination has come into force for the
16
employer and the person; and
17
(b)
the instalment is payable in relation to a flexible PPL
18
day for the child that falls within the person's
19
continuous flexible period for the child (which consists
20
of at least 40 consecutive flexible PPL days for the child
21
that are week days); and
22
(c)
the employer has been paid enough by the Secretary to
23
fund the instalment.
24
Part 3-3 sets out when the Secretary must pay instalments directly
25
to the person. For instance, the Secretary is required to do that if an
26
employer determination is never made for the person (e.g. the
27
person is a contractor and so does not have an employer). There are
28
some other circumstances in which the Secretary is also required to
29
pay instalments directly to the person (such as when an employer
30
determination is being reviewed or has been revoked).
31
Schedule 1
Main amendments
6
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
Part 3-4 has general rules about the payment of instalments (such
1
as what happens when an instalment cannot be paid on the day
2
specified in this Act).
3
Part 3-5 is about employer determinations. If an employer
4
determination is in force for an employer and a person, the
5
employer must pay instalments to the person. The Secretary must
6
be satisfied that certain conditions have been met before the
7
Secretary can make an employer determination.
8
Chapter 4--Compliance and enforcement
9
Chapter 4 deals with compliance and enforcement.
10
Part 4-1 allows the Secretary to gather information for the purposes
11
of checking compliance with this Act. It also deals with the
12
confidentiality of personal and protected information.
13
Part 4-2 deals with other compliance matters. It allows the
14
Secretary to refer matters to the Fair Work Ombudsman for
15
investigation if the Secretary has reason to believe that an
16
employer has not complied with certain obligations under this Act.
17
It also deals with civil penalty provisions, compliance notices and
18
infringement notices.
19
Part 4-3 provides for debts in relation to the paid parental leave
20
scheme, and for the recovery of debts owing to the
21
Commonwealth.
22
Chapter 5--Administrative review of decisions
23
Chapter 5 is about administrative review of decisions made under
24
this Act.
25
Part 5-1 allows the Secretary, on the Secretary's own initiative, to
26
conduct an internal review of decisions made under this Act. It also
27
allows a person whose interests are affected by certain types of
28
decisions to seek internal review of those decisions, and an
29
employer to seek internal review of certain types of decisions that
30
affect employers.
31
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
7
Part 5-2 allows a person to apply to the Administrative Appeals
1
Tribunal (AAT) for review of certain decisions made under this
2
Act. This review is called AAT first review.
3
Part 5-3 allows a person to apply to the AAT for review of certain
4
decisions made by the AAT on AAT first review. This review is
5
called AAT second review.
6
Part 5-4 has miscellaneous provisions relating to reviews of
7
decisions made under this Act.
8
Chapter 6--Miscellaneous
9
Chapter 6 has miscellaneous provisions.
10
Part 6-1 has rules that modify this Act so that it applies correctly in
11
3 limited kinds of cases--adoption, claims made in exceptional
12
circumstances etc. and Commonwealth employment.
13
Part 6-2 is about payment nominees (who are people who can
14
receive payments of instalments of parental leave pay on behalf of
15
other people for the purposes of this Act) and correspondence
16
nominees (who are people who can receive notices on behalf of
17
other people for the purposes of this Act).
18
Part 6-3 deals with other miscellaneous matters, such as the PPL
19
rules, delegations and regulations.
20
3 Section 6 (definition of caring)
21
Omit "subsections 115CL(1) and (4)", substitute "section 47".
22
4 Section 6 (definition of claim)
23
Repeal the definition, substitute:
24
claim
means a PPL claim or special PPL claim for parental leave
25
pay for a child.
26
5 Section 6 (definition of claimant)
27
Repeal the definition, substitute:
28
Schedule 1
Main amendments
8
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
claimant
means a person who is a PPL claimant or special PPL
1
claimant.
2
6 Section 6 (definition of conditional eligibility determination)
3
Omit "13(4)(b), 14(4)(b), 14(7)(b), 15(2)(b), 15(6)(b), 16(5)(b),
4
17A(4)(b) or 17B(5)(b)", substitute "13(6)(b) or 14(4)(b)".
5
7 Section 6 (definition of continuous flexible period)
6
Omit "subsections 6A(2) and (4)", substitute "section 71A".
7
8 Section 6 (definition of COVID-19 affected claimant)
8
Omit ", or dad and partner pay,".
9
9 Section 6 (paragraph (b) of the definition of COVID-19
10
affected claimant)
11
Omit "or dad and partner pay (as the case may be)".
12
10 Section 6 (paragraph (d) of the definition of COVID-19
13
affected claimant)
14
Repeal the paragraph, substitute:
15
(d) as a result of that circumstance applying in relation to the
16
person, the person would not satisfy the work test if the
17
person's work test period were the period under section 33.
18
11 Section 6
19
Repeal the following definitions:
20
(a) definition of
dad and partner pay
;
21
(b) definition of
DAPP claimant
;
22
(c) definition of
DAPP period
.
23
12 Section 6 (definition of effective claim)
24
Repeal the definition, substitute:
25
effective claim
means a claim that is made in accordance with
26
Part 2-4.
27
13 Section 6 (definition of eligible)
28
Repeal the definition, substitute:
29
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
9
eligible
for parental leave pay: see section 31AA.
1
14 Section 6 (paragraphs (a) to (c) of the definition of
2
exceptional circumstances)
3
Repeal the paragraphs, substitute:
4
(a) paragraph 54(1)(g) (which deals with PPL claims); or
5
(b) paragraph 54(2)(b) (which deals with special PPL claims).
6
15 Section 6 (definition of expected PPL period)
7
Repeal the definition.
8
16 Section 6
9
Insert:
10
family PPL income limit
: see subsection 41(2).
11
17 Section 6
12
Repeal the following definitions:
13
(a) definition of
flexible PPL period
;
14
(b) definition of
has a continuous PPL period
.
15
18 Section 6 (definition of income test)
16
Repeal the definition, substitute:
17
income test
: see section 37.
18
19 Section 6 (definition of indexed amount)
19
Omit "42(2)", substitute "42(3)".
20
20 Section 6
21
Insert:
22
individual PPL income limit
: see subsection 41(1).
23
21 Section 6 (definition of initial eligibility determination)
24
Repeal the definition, substitute:
25
initial eligibility determination
: see section 26A.
26
Schedule 1
Main amendments
10
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
22 Section 6
1
Repeal the following definitions:
2
(a) definition of
keeping in touch day
;
3
(b) definition of
maximum DAPP period
;
4
(c) definition of
maximum DAPP period end day
;
5
(d) definition of
maximum DAPP period start day
;
6
(e) definition of
maximum PPL period
;
7
(f) definition of
maximum PPL period end day
;
8
(g) definition of
maximum PPL period start day
;
9
(h) definition of
nominated start date
;
10
(i) definition of
not working
.
11
23 Section 6 (definition of payability determination)
12
Repeal the definition, substitute:
13
payability determination
means a determination made under
14
section 13 or 14 that parental leave pay is, or is not, payable to a
15
person for a child.
16
24 Section 6 (definition of permissible purpose)
17
Repeal the definition.
18
25 Section 6
19
Insert:
20
PPL claim
: see subsection 53(2).
21
PPL claimant
means a person who has made an effective PPL
22
claim for parental leave pay for a child.
23
26 Section 6
24
Repeal the following definitions:
25
(a) definition of
PPL day
;
26
(b) definition of
PPL income limit
;
27
(c) definition of
PPL period
;
28
(d) definition of
primary carer
;
29
(e) definition of
primary claim
;
30
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
11
(f) definition of
primary claimant
.
1
27 Section 6 (definition of reference income year)
2
Repeal the definition, substitute:
3
reference income year
: see section 39.
4
28 Section 6 (definition of reference period)
5
Repeal the definition.
6
29 Section 6
7
Insert:
8
relevant family PPL income limit
: see subsection 40(2).
9
relevant individual PPL income limit
: see subsection 40(1).
10
30 Section 6
11
Repeal the following definitions:
12
(a) definition of
relevant PPL income limit
;
13
(b) definition of
returns to work
.
14
31 Section 6 (definition of saved amount)
15
Repeal the definition, substitute:
16
saved amount
: see subsection 97(2).
17
32 Section 6
18
Repeal the following definitions:
19
(a) definition of
secondary claim
;
20
(b) definition of
secondary claimant
.
21
33 Section 6
22
Insert:
23
special PPL claim
: see subsection 53(3).
24
special PPL claimant
means a person who has made an effective
25
special PPL claim for parental leave pay for a child for which
26
another person has made a PPL claim.
27
Schedule 1
Main amendments
12
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
34 Section 6
1
Repeal the following definitions:
2
(a) definition of
tertiary claim
;
3
(b) definition of
tertiary claimant
.
4
35 Section 6 (definition of work test)
5
Repeal the definition, substitute:
6
work test
: see Division 3 of Part 2-3.
7
36 Section 6 (definition of work test period)
8
Repeal the definition, substitute:
9
work test period
: see sections 33 and 33A.
10
37 Section 6A
11
Repeal the section.
12
38 Section 7
13
Repeal the section, substitute:
14
7 Guide to this Part
15
This Part has the key provisions for this Chapter (which deals with
16
when parental leave pay is payable to a person).
17
A person can only be paid parental leave pay if the Secretary
18
makes a determination that parental leave pay is payable to the
19
person. Part 2-2 has the rules about when the Secretary can make
20
that determination.
21
The Secretary cannot make that determination if the person has not
22
made a claim for parental leave pay. Part 2-4 has the rules about
23
claims. There are 2 types of claims: PPL claims and special PPL
24
claims. These claims relate to each other, although PPL claims are
25
the main type of claim. PPL claims will often be the only claims
26
that are made.
27
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
13
If the Secretary makes a determination that parental leave pay is
1
payable to a person for one or more flexible PPL days for a child of
2
the person, parental leave pay is payable for the particular days
3
specified in the determination. The number of flexible PPL days
4
for the child for which parental leave pay can be paid generally
5
cannot exceed 100.
6
The Secretary may only make a determination that parental leave
7
pay is payable to certain PPL claimants and special PPL claimants
8
for one or more flexible PPL days if permission has been given to
9
claim those days.
10
The person's employer or the Secretary will pay instalments of
11
parental leave pay that are payable to a person (see Chapter 3 for
12
the rules about the payment of parental leave pay).
13
39 Division 2 of Part 2-1
14
Repeal the Division.
15
40 Section 11A
16
Omit "17A, 17B or 17C", substitute "13 or 14".
17
41 Section 11A (note)
18
Omit "2A", substitute "2".
19
42 Sections 11B and 11C
20
Omit "17A, 17B or 17C", substitute "13 or 14".
21
43 Paragraphs 11C(a) to (c)
22
Repeal the paragraphs, substitute:
23
(a) an effective PPL claim for parental leave pay for that day (in
24
which case the person is a PPL claimant); or
25
(b) an effective special PPL claim for parental leave pay for that
26
day (in which case the person is a special PPL claimant).
27
44 Section 11D
28
Repeal the section, substitute:
29
Schedule 1
Main amendments
14
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
11D Flexible PPL day
1
A day is a
flexible PPL day
for a child if the day occurs in the
2
period that:
3
(a) starts on the day the child is born; and
4
(b) ends on the day before the child's second birthday.
5
45 Section 1
2 (paragraph beginning "Division 2")
6
Repeal the paragraph, substitute:
7
Division 2 has the rules that apply to the Secretary when making a
8
payability determination in relation to whether parental leave pay
9
is payable to a person for a flexible PPL day for a child. Different
10
rules apply depending on whether the claim is a PPL claim or a
11
special PPL claim. The Secretary may only make a determination
12
that parental leave pay is payable to certain PPL claimants and
13
special PPL claimants for one or more flexible PPL days if
14
permission has been given to claim those days.
15
46 Section 12 (paragraph begin
ning "Division 2A")
16
Repeal the paragraph.
17
47 Section 1
2 (paragraph beginning "Division 3")
18
After "verified", insert "or where the limit on the number of flexible
19
PPL days for which parental leave pay is payable to more than one
20
person has been exceeded".
21
48 Divisions 2 and 2A of Part 2-2
22
Repeal the Divisions, substitute:
23
Division 2--Determination about whether parental leave
24
pay for a flexible PPL day is payable to a person
25
13 Determination on a PPL claim
26
When a claim is to be determined under this section
27
(1) If:
28
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
15
(a) a PPL claimant has made an effective PPL claim for parental
1
leave pay for a child; and
2
(b) one or more flexible PPL days for the child (the
claimed
3
days
) have been specified in the claim;
4
the Secretary must make a determination on the PPL claim under
5
this section.
6
When parental leave pay is payable to the PPL claimant for one or
7
more claimed days
8
(2) The Secretary must determine that parental leave pay is payable to
9
the PPL claimant for one or more of the claimed days if, when
10
making the determination, the Secretary is satisfied that:
11
(a) the PPL claimant was or will be eligible for parental leave
12
pay on those days; and
13
(b) if:
14
(i) the PPL claimant is a person covered by subsection (3);
15
and
16
(ii) the child's birth mother has not previously satisfied the
17
work test in relation to the child;
18
the child's birth mother satisfies the work test on the day the
19
determination is made; and
20
(c) if:
21
(i) the PPL claimant is the partner of an adoptive parent of
22
the child; and
23
(ii) an adoptive parent of the child has not previously
24
satisfied the work test in relation to the child;
25
the person who gave the PPL claimant the permission
26
referred to in subparagraph (e)(i) satisfies the work test on
27
the day the determination is made; and
28
(d) if the PPL claimant is a person covered by subsection (3) and
29
the circumstances prescribed by the rules for the purposes of
30
this paragraph do not apply to the PPL claimant:
31
(i) a permission has been given to the PPL claimant under
32
paragraph 15(1)(a) in relation to the child; and
33
(ii) the permission has not been revoked; and
34
(iii) if the determination were made, the number of flexible
35
PPL days for the child for which parental leave pay
36
Schedule 1
Main amendments
16
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
would be payable to the person would not exceed the
1
number of flexible PPL days specified in the
2
permission; and
3
(e) if the PPL claimant is a person covered by subsection (4) and
4
the circumstances prescribed by the rules for the purposes of
5
this paragraph do not apply to the PPL claimant:
6
(i) a permission has been given to the PPL claimant under
7
paragraph 15(1)(b) or (c) in relation to the child; and
8
(ii) the permission has not been revoked; and
9
(iii) if the determination were made, the number of flexible
10
PPL days for the child for which parental leave pay
11
would be payable to the person would not exceed the
12
number of flexible PPL days specified in the
13
permission.
14
Note:
The Secretary is prevented from making a determination under this
15
subsection in certain circumstances: see Division 3.
16
(3) The following persons are covered by this subsection:
17
(a) a person who:
18
(i) is a parent (other than an adoptive parent) of the child;
19
and
20
(ii) is not the child's birth mother;
21
(b) the partner of the child's birth mother;
22
(c) the partner of a person covered by paragraph (a).
23
(4) The following persons are covered by this subsection:
24
(a) an adoptive parent of the child, if a payability determination
25
under this section that parental leave pay for the child is
26
payable is in force in relation to another adoptive parent of
27
the child;
28
(b) the partner of an adoptive parent of the child.
29
(5) The Secretary must specify in a determination made under
30
subsection (2) the claimed days for which parental leave pay is
31
payable to the PPL claimant.
32
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
17
When parental leave pay is not payable to the PPL claimant for
1
one or more claimed days
2
(6) If the Secretary is not satisfied of the matters in subsection (2) for
3
one or more of the claimed days, the Secretary must:
4
(a) determine that parental leave pay is not payable to the PPL
5
claimant for those days; and
6
(b) if:
7
(i) the PPL claimant has not previously satisfied the work
8
and income tests in relation to the child; and
9
(ii) the Secretary is satisfied that the PPL claimant satisfies
10
the work test and income test on the day the
11
determination is made;
12
determine that the PPL claimant is conditionally eligible for
13
parental leave pay for other flexible PPL days for the child.
14
(7) The Secretary must specify in the determination made under
15
subsection (6) the claimed days for which parental leave pay is not
16
payable to the PPL claimant.
17
14 Determination on a special PPL claim
18
When a claim is to be determined under this section
19
(1) If:
20
(a) a special PPL claimant has made an effective special PPL
21
claim for parental leave pay for a child; and
22
(b) one or more flexible PPL days for the child (the
claimed
23
days
) have been specified in the claim;
24
the Secretary must make a determination on the special PPL claim
25
under this section.
26
When parental leave pay is payable to special PPL claimant for
27
the claimed days
28
(2) The Secretary must determine that parental leave pay is payable to
29
the special PPL claimant for one or more of the claimed days if,
30
when making the determination, the Secretary is satisfied that:
31
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(a) a payability determination under section 13 that parental
1
leave pay for the child is payable to a PPL claimant is in
2
force; and
3
(b) the special PPL claimant was or will be eligible for parental
4
leave pay on those days; and
5
(c) if the special PPL claimant is the partner of a person who
6
satisfies the circumstances prescribed by the PPL rules as
7
being exceptional circumstances in which a PPL claim can be
8
made--a permission has been given to the special PPL
9
claimant under subsection 15(2) in relation to the child; and
10
(d) the permission has not been revoked; and
11
(e) if the determination were made, the number of flexible PPL
12
days for the child for which parental leave pay would be
13
payable to the person would not exceed the number of
14
flexible PPL days specified in the permission.
15
Note:
The Secretary is prevented from making a determination under this
16
subsection in certain circumstances: see Division 3.
17
(3) The Secretary must specify in the determination made under
18
subsection (2) the claimed days for which parental leave pay is
19
payable to the special PPL claimant.
20
When parental leave pay is not payable to the special PPL
21
claimant for the claimed days
22
(4) If the Secretary is not satisfied of the matters in subsection (2) for
23
one or more of the claimed days, the Secretary must:
24
(a) determine that parental leave pay is not payable to the special
25
PPL claimant for those days; and
26
(b) if:
27
(i) the special PPL claimant is the partner of a person who
28
satisfies the circumstances prescribed by the PPL rules
29
as being exceptional circumstances in which a PPL
30
claim can be made; and
31
(ii) the special PPL claimant has not previously satisfied the
32
work and income tests in relation to the child; and
33
(iii) the Secretary is satisfied that the special PPL claimant
34
satisfies the work test and income test on the day the
35
determination is made;
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determine that the special PPL claimant is conditionally eligible for
1
parental leave pay for other flexible PPL days for the child.
2
(5) The Secretary must specify in the determination made under
3
subsection (4) the claimed days for which parental leave pay is not
4
payable to the special PPL claimant.
5
15 Permission to claim flexible PPL days for a child
6
Certain claimants may give permission
7
(1) Permission for PPL claimants to claim parental leave pay for one
8
or more flexible PPL days for a child may be given by the
9
following persons:
10
(a) the child's birth mother;
11
(b) a person:
12
(i) who is an adoptive parent of the child; and
13
(ii) in respect of whom a payability determination under
14
section 13 that parental leave pay for the child is
15
payable is in force; and
16
(iii) who is the first adoptive parent of the child in respect of
17
whom a payability determination under section 13 that
18
parental leave pay for the child is payable has been
19
made;
20
(c) an adoptive parent of the child who is nominated by the
21
partner of an adoptive parent of the child to give permission
22
to that partner.
23
(2) Permission for special PPL claimants to claim parental leave pay
24
for flexible PPL days for a child may be given by a person:
25
(a) who satisfies the circumstances prescribed by the PPL rules
26
as being exceptional circumstances in which a PPL claim can
27
be made; and
28
(b) in respect of whom a payability determination under
29
section 13 that parental leave pay for the child is payable is in
30
force.
31
(3) The permission must:
32
(a) be given to the Secretary in the form approved by the
33
Secretary; and
34
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(b) specify the number of flexible PPL days for the child to
1
whom the permission relates that may be claimed; and
2
(c) specify the person to whom the permission is given.
3
Note 1:
Subsection 31AB(2) provides for the maximum number of flexible
4
PPL days for a child that are payable.
5
Note 2:
The permission does not preclude the person giving the permission
6
from claiming parental leave pay for some or all of the specified
7
number of flexible PPL days for the child.
8
Variation and revocation of permission
9
(4) If a person has given a permission under subsection (1) or (2), the
10
person may:
11
(a) vary the number of flexible PPL days for the child specified
12
in the permission; or
13
(b) revoke the permission.
14
(5) The variation or revocation must be given to the Secretary in the
15
form approved by the Secretary.
16
(6) If:
17
(a) a payability determination that parental leave pay is payable
18
to a person for one or more flexible PPL days for a child is in
19
force in relation to a claim; and
20
(b) permission was given in relation to that claim under
21
subsection (1) or (2); and
22
(c) that permission is varied under paragraph (4)(a);
23
then:
24
(d) the variation of the permission does not affect the operation
25
of the payability determination in relation to the days
26
specified in the payability determination that, at the time the
27
permission is varied, have already occurred; and
28
(e) the Secretary must vary the payability determination to
29
remove the days specified in the payability determination
30
that, at the time the permission is varied:
31
(i) have not yet occurred; and
32
(ii) exceed the number of days specified in the permission,
33
as varied; and
34
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(f) the Secretary must determine that parental leave pay is not
1
payable to the person for the days referred to in
2
paragraph (e).
3
Note:
Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for
4
special PPL claims) provide that determinations must specify the
5
claimed days for which parental leave pay is payable and not payable
6
to a claimant.
7
(7) If:
8
(a) a payability determination is in force in relation to a claim
9
made by a person; and
10
(b) permission was given in relation to that claim under
11
subsection (1) or (2); and
12
(c) that permission is revoked in relation to the person under
13
paragraph (4)(b);
14
then:
15
(d) the revocation of the permission does not affect the operation
16
of the payability determination in relation to the days
17
specified in the payability determination that, at the time the
18
permission is revoked, have already occurred; and
19
(e) the Secretary must vary the payability determination to
20
remove the days specified in the payability determination
21
that, at the time the permission is revoked, have not yet
22
occurred; and
23
(f) the Secretary must determine that parental leave pay is not
24
payable to the person for the days referred to in
25
paragraph (e).
26
Note:
Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for
27
special PPL claims) provide that determinations must specify the
28
claimed days for which parental leave pay is payable and not payable
29
to a claimant.
30
49 Subsection 18(1)
31
Omit "the primary claimant", substitute "a PPL claimant".
32
50 Sections 19 and 19A
33
Repeal the sections.
34
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51 Section 21
1
Repeal the subsection, substitute:
2
21 Limit on number of flexible PPL days for which parental leave
3
pay is payable to more than one person
4
(1) The Secretary must not make a payability determination that
5
parental leave pay is payable to a person for a flexible PPL day
6
(the
relevant day
) for a child if:
7
(a) the effect of one or more payability determinations made by
8
the Secretary under section 13 or 14 is that parental leave pay
9
is payable to more than one person for the same flexible PPL
10
day for the child on a total of 10 flexible PPL days; and
11
(b) the effect of a payability determination made by the Secretary
12
under section 13 or 14 is that parental leave pay is payable to
13
another person for the relevant day.
14
(2) However, the PPL rules may prescribe circumstances in which a
15
flexible PPL day does not count towards the total of 10 flexible
16
PPL days referred to in paragraph (1)(a).
17
52 Paragraph 24(b)
18
Repeal the paragraph.
19
53 Paragraphs 25(1)(a) to (c)
20
Repeal the paragraphs, substitute:
21
(a) a payability determination is made that parental leave pay is
22
payable to a person for a flexible PPL day for a child; and
23
(b) the person requests the Secretary to revoke the determination;
24
and
25
(c) the request is made before the last day of the instalment
26
period for the instalment that relates to the flexible PPL day
27
for the child; and
28
54 Section 26
29
Repeal the section.
30
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55 Paragraph 26A(a)
1
Omit "effective primary claim or effective secondary claim", substitute
2
"effective PPL claim or effective special PPL claim".
3
56 Paragraph 26A(b)
4
Omit "or section 26".
5
57 Paragraph 26A(c)
6
Omit "if the person is a primary claimant--".
7
58 Section 30
8
Repeal the section, substitute:
9
30 Guide to this Part
10
This Part sets out when a person is eligible for parental leave pay.
11
The Secretary cannot make a payability determination that parental
12
leave pay is payable if the person is not eligible for it.
13
Division 2 sets out when a person is eligible for parental leave pay.
14
Section 31AA sets out when a person is eligible for parental leave
15
pay on a flexible PPL day for a child. Section 31AB sets out the
16
maximum number of flexible PPL days for a child for which
17
parental leave pay can be paid. This includes, subject to certain
18
exceptions, the 10 flexible PPL days that are reserved for other
19
claimants where a claimant has a partner at the time of their first
20
effective claim.
21
Division 3 has the work test. To satisfy the work test, a person
22
must have performed enough paid work or taken enough paid leave
23
in a particular period. A flexible PPL day for a previous child for
24
which parental leave pay was payable to the person may be taken
25
into account in working out whether the person satisfies the work
26
test for a subsequent child. Any jobkeeper payment period or
27
COVID-19 Australian Government payment period for the person
28
may also be taken into account. Special rules apply in the case of
29
premature birth or complications or illness related to the pregnancy
30
(see section 36A) or in special circumstances (see section 36AA).
31
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Division 4 has the income test. To satisfy the income test, the
1
person's income for a particular income year must not be more
2
than either the individual PPL income limit (which is $150,000
3
until 30 June 2021 and then indexed) or the family PPL income
4
limit (which is $350,000 until 30 June 2024 and then indexed). If
5
the person has a partner, their partner's income is also counted
6
towards the family PPL income limit.
7
Division 5 has the Australian residency test. To satisfy this test, the
8
person must be an Australian resident or be in a special class of
9
visa holder.
10
Division 6 sets out when a person is caring for a child.
11
59 Section 31
12
Repeal the section.
13
60 Paragraph 31AA(2)(b)
14
Omit "the primary carer of", substitute "caring for".
15
61 Paragraph 31AA(2)(c)
16
Repeal the paragraph, substitute:
17
(c) on that day the person is performing no more than one hour
18
of paid work; and
19
62 Paragraph 31AA(2)(e)
20
Omit "if the person is the primary claimant--".
21
63 Paragraph 31AA(3)(c)
22
Omit "the child's primary carer", substitute "caring for the child".
23
64 Paragraph 31AA(4)(a)
24
Repeal the paragraph.
25
65 Paragraph 31AA(5)(a)
26
Omit "secondary claimant or tertiary claimant", substitute "PPL
27
claimant or special PPL claimant".
28
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25
66 Subsections 31AB(2) to (5)
1
Repeal the subsections, substitute:
2
When flexible PPL days exceed maximum amounts--general rule
3
(2) The relevant claimant is not eligible for parental leave pay on a
4
flexible PPL day for the child if:
5
(a) the relevant claimant is not a person who satisfies the
6
circumstances prescribed by the PPL rules as being
7
exceptional circumstances in which a PPL claim can be
8
made; and
9
(b) on that day, either subsection (3) or (4) applies to the relevant
10
claimant.
11
(3) This subsection applies to the relevant claimant if:
12
(a) the following conditions are satisfied:
13
(i) the relevant claimant has a partner at the time the
14
relevant claimant makes their first effective claim in
15
relation to the child;
16
(ii) one or more determinations under section 13 or 14 that
17
parental leave pay is payable to the relevant claimant
18
are in force in relation to 90 flexible PPL days for the
19
child;
20
(iii) the relevant claimant does not satisfy the circumstances
21
prescribed by the PPL rules for the purposes of this
22
subparagraph; or
23
(b) the relevant claimant satisfies the circumstances prescribed
24
by the PPL rules for the purposes of this paragraph.
25
(4) This subsection applies to the relevant claimant if one or more
26
determinations under section 13 or 14 that parental leave pay is
27
payable to a person (other than a person who satisfies the
28
circumstances prescribed by the PPL rules as being exceptional
29
circumstances in which a PPL claim can be made) are in force in
30
relation to 100 flexible PPL days for the child.
31
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When flexible PPL days exceed maximum amounts--exceptional
1
circumstances rule
2
(5) The relevant claimant is not eligible for parental leave pay on a
3
flexible PPL day for the child if:
4
(a) the relevant claimant is a person who satisfies the
5
circumstances prescribed by the PPL rules as being
6
exceptional circumstances in which a PPL claim can be
7
made; and
8
(b) on that day, one or more determinations under section 13 or
9
14 that parental leave pay is payable to the relevant claimant
10
and the relevant claimant's partner (if any) are in force in
11
relation to 100 flexible PPL days for the child.
12
67 Subsections 31A(5) and (6)
13
Repeal the subsections.
14
68 At the end of subparagraph 31A(6A)(b)(iv)
15
Add "and".
16
69 Subparagraph 31A(6A)(b)(v)
17
Repeal the subparagraph.
18
70 Paragraph 31A(6A)(c)
19
Repeal the paragraph, substitute:
20
(c) the person was also receiving any of the things mentioned in
21
subparagraphs (b)(i) to (iv) on the day the child was born;
22
71 Paragraphs 31A(6B)(a) to (c)
23
Repeal the paragraphs, substitute:
24
(b) a person has made an effective claim for parental leave
25
pay for a period of at least 10 flexible PPL days for a
26
child; and
27
(c) that period consists only of consecutive flexible PPL
28
days for the child that are week days; and
29
72 Paragraph 31A(6B)(d)
30
Omit "the person's PPL period for the child", substitute "that period".
31
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27
73 Paragraph 31A(6B)(e)
1
Omit "if the person is the primary claimant--".
2
74 Subsections 31A(7) and (7A)
3
Omit "Subsections 31(6) and 31AB(7) do", substitute
4
"Subsection 31AB(7) does".
5
75 Section 32 (method statement, step 1, note)
6
Omit "primary claimants and secondary claimants and in
7
section 115CD for DAPP claimants", substitute "PPL claimants and
8
special PPL claimants".
9
76 Section 32 (note 1)
10
Omit "See sections 36A (for claimants for parental leave pay) and
11
115CE (for DAPP claimants).", substitute "See section 36A.".
12
77 Section 32 (note 2)
13
Repeal the note.
14
78 Subsection 33(1A)
15
Repeal the subsection (not including the note), substitute:
16
Application of section
17
(1A) This section applies in relation to a PPL claimant or special PPL
18
claimant who is not a COVID-19 affected claimant in relation to a
19
claim for parental leave pay for a child.
20
(1B) If a provision of this Act or the PPL rules requires a person (the
21
first person
) to satisfy the work test on a day for the purposes of a
22
PPL claim or special PPL claim made by another person, this
23
section applies as if a reference to a PPL claimant or special PPL
24
claimant were a reference to the first person.
25
79 Subsection 33(1) (heading)
26
Repeal the heading, substitute:
27
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Work test period
1
80 Subsection 33(1)
2
Omit "primary claimant", substitute "PPL claimant or special PPL
3
claimant".
4
81 Subparagraphs 33(1)(a)(i) and (ii) and (b)(i) and (ii)
5
Omit "primary claimant", substitute "PPL claimant or special PPL
6
claimant".
7
82 Subsection 33(2)
8
Omit "primary claim", substitute "PPL claim or special PPL claim".
9
83 Subsection 33(2)
10
Omit "primary claimant", substitute "PPL claimant or special PPL
11
claimant".
12
84 Subparagraphs 33(2)(a)(i) and (ii)
13
Omit "primary claimant", substitute "PPL claimant or special PPL
14
claimant".
15
85 Subsection 33(2A)
16
Omit "primary claimant", substitute "PPL claimant or special PPL
17
claimant".
18
86 Paragraphs 33(2A)(a) to (c)
19
Omit "primary claimant", substitute "PPL claimant or special PPL
20
claimant".
21
87 Subsection 33(3)
22
Repeal the subsection.
23
88 Subsection 33A(1)
24
Omit "(1)".
25
89 Subsection 33A(1)
26
Omit "primary claimant", substitute "PPL claimant or special PPL
27
claimant".
28
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90 Subsection 33A(2)
1
Repeal the subsection.
2
91 Paragraphs 34(1)(c) and (d)
3
Repeal the paragraphs.
4
92 Section 35A (heading)
5
Omit "
day in a PPL or DAPP period
", substitute "
flexible PPL day
".
6
93 Subsection 35A(1)
7
Repeal the subsection, substitute:
8
If person does not perform paid work or take paid leave on
9
previous flexible PPL day
10
(1) For the purposes of step 5 of the method statement in section 32, if
11
a person performs qualifying work on a day only because the day is
12
a flexible PPL day for a previous child, the person is taken to have
13
performed 7.6 hours of work on that day.
14
94 Subsection 35A(2) (heading)
15
Omit "
in previous PPL or DAPP period
", substitute "
on previous
16
flexible PPL day
".
17
95 Paragraph 35A(2)(b)
18
Omit "in the person's PPL period or DAPP period", substitute "a
19
flexible PPL day for which parental leave pay is payable to the person".
20
96 Subsection 35A(2) (note)
21
Repeal the note.
22
97 Subsection 35A(3) (heading)
23
Omit "
in previous PPL or DAPP period
", substitute "
on previous
24
flexible PPL day
".
25
98 Paragraph 35A(3)(b)
26
Omit "in the person's PPL period or DAPP period", substitute "a
27
flexible PPL day for which parental leave pay is payable to the person".
28
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99 Paragraph 35B(2)(a)
1
Omit ", (c) or (d)", substitute "or (ca)".
2
100 Paragraph 35C(2)(a)
3
Omit ", (c), (ca) or (d)", substitute "or (ca)".
4
101 Section 36B
5
Repeal the section.
6
102 Section 37
7
Repeal the section, substitute:
8
37 When a person satisfies the income test
9
(1) A person satisfies the
income test
on a day:
10
(a) that is a flexible PPL day for a child of the person; or
11
(b) on which a conditional eligibility determination or initial
12
eligibility determination is made in relation to the person;
13
if the person's adjusted taxable income for the reference income
14
year is not more than the relevant individual PPL income limit.
15
(2) A person satisfies the
income test
on a day:
16
(a) that is a flexible PPL day for a child of the person; or
17
(b) on which a conditional eligibility determination or initial
18
eligibility determination is made in relation to the person;
19
if:
20
(c) the person does not have a partner at the time the person
21
makes the claim to which that flexible PPL day or
22
determination relates; and
23
(d) the person's adjusted taxable income for the reference
24
income year is not more than the relevant family PPL income
25
limit.
26
(3) A person satisfies the
income test
on a day:
27
(a) that is a flexible PPL day for a child of the person; or
28
(b) on which a conditional eligibility determination or initial
29
eligibility determination is made in relation to the person;
30
if:
31
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31
(c) the person has a partner at the time the person makes the
1
claim to which that flexible PPL day or determination relates;
2
and
3
(d) the total of the following amounts is not more than the
4
relevant family PPL income limit:
5
(i) the person's adjusted taxable income for the reference
6
income year;
7
(ii) the adjusted taxable income of the person's partner for
8
the reference income year.
9
103 Paragraph 39(a)
10
Omit "if the person is a primary claimant--".
11
104 Subparagraph 39(a)(ii)
12
Omit "born; and", substitute "born.".
13
105 Paragraph 39(b)
14
Repeal the paragraph.
15
106 Section 39 (note)
16
Repeal the note.
17
107 Section 40
18
Repeal the section, substitute:
19
40 The relevant individual PPL income limit and relevant family PPL
20
income limit
21
(1) The
relevant individual PPL income limit
for a PPL claimant or
22
special PPL claimant is the individual PPL income limit that
23
applies on the earlier of the following days:
24
(a) the day the person made the claim;
25
(b) the day the child was born.
26
(2) The
relevant family PPL income limit
for a PPL claimant or
27
special PPL claimant is the family PPL income limit that applies
28
on the earlier of the following days:
29
(a) the day the person made the claim;
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(b) the day the child was born.
1
108 Section 41 (heading)
2
Repeal the heading, substitute:
3
41 The individual PPL income limit and family PPL income limit
4
109 Section 41
5
Omit "The
PPL income limit
", substitute "(1) The
individual PPL
6
income limit
".
7
110 At the end of section 41
8
Add:
9
(2) The
family PPL income limit
that applies on a day is:
10
(a) if the day is on or after 1 July 2023 but before 1 July 2024--
11
$350,000; and
12
(b) if the day is on or after an indexation day (the
relevant
13
indexation day
) but before the next indexation day--the
14
indexed amount on the relevant indexation day worked out
15
under Subdivision B.
16
111 Subdivision B of Division 4 of Part 2-3 (heading)
17
Omit "
the PPL income limit
", substitute "
individual and family PPL
18
income limits
".
19
112 Section 42 (heading)
20
Omit "
the PPL income limit
", substitute "
individual and family PPL
21
income limits
".
22
113 Subsections 42(1) and (2)
23
Repeal the subsections (not including the method statement), substitute:
24
Indexation day
25
(1) Subject to subsection (2), the amount of the individual PPL income
26
limit and the amount of the family PPL income limit are to be
27
indexed under this Subdivision on 1 July each year (the
indexation
28
day
).
29
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(2) The first indexation day for an amount of the individual PPL
1
income limit is 1 July 2021 and the first indexation day for an
2
amount of the family PPL income limit is 1 July 2024.
3
Working out the indexed amount for the individual and family PPL
4
income limits
5
(3) This is how to work out the
indexed amount
for the individual and
6
family PPL income limits on the indexation day:
7
114 Subsection 42(2) (method statement, step 1)
8
Omit "PPL income limit", substitute "relevant income limit".
9
115 Division 6 of Part 2-3
10
Repeal the Division, substitute:
11
Division 6--Caring for a child
12
47 When a person is caring for a child
13
(1) A person is
caring
for a child on a day if the child is in the
14
person's care on that day.
15
Note:
More than one person may be caring for the same child on any
16
particular day.
17
(2) Despite subsection (1), a person is not
caring
for a child on a day
18
if, before that day, the child has died.
19
116 Division 7 of Part 2-3
20
Repeal the Division.
21
117 Section 5
1 (paragraph beginning "Division 2")
22
Repeal the paragraph, substitute:
23
Division 2 sets out the rules about claims. There are 2 types of
24
claims: PPL claims and special PPL claims. These claims relate to
25
each other, although PPL claims are the main type of claim. PPL
26
claims will often be the only claims that are made. Section 54 sets
27
out who can make each type of claim.
28
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Paid Parental Leave Amendment (Improvements for Families and
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118 Sections 53 and 54
1
Repeal the sections, substitute:
2
53 Types of claims
3
(1) There are 2 types of claims for parental leave pay:
4
(a) a PPL claim; and
5
(b) a special PPL claim.
6
(2) A
PPL claim
is a claim in the form approved by the Secretary for
7
PPL claims.
8
(3) A
special PPL claim
is a claim in the form approved by the
9
Secretary for special PPL claims.
10
(4) For the purposes of subsections (2) and (3), the Secretary may
11
approve:
12
(a) different forms for different types of claims; and
13
(b) different forms for the same type of claim.
14
54 Who can make a PPL claim or special PPL claim
15
PPL claim
16
(1) Only the following people can make a PPL claim for a child:
17
(a) the child's birth mother;
18
(b) an adoptive parent of the child;
19
(c) a person who:
20
(i) is a parent of the child; and
21
(ii) is not the child's birth mother;
22
(d) the partner of the child's birth mother;
23
(e) the partner of an adoptive parent of the child;
24
(f) the partner of a person covered by paragraph (c);
25
(g) a person who satisfies the circumstances prescribed by the
26
PPL rules as being exceptional circumstances in which a PPL
27
claim can be made.
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Special PPL claim
1
(2) Only the following people can make a special PPL claim for a
2
child:
3
(a) the partner of a person covered by paragraph (1)(g);
4
(b) a person who satisfies the circumstances prescribed by the
5
PPL rules as being exceptional circumstances in which a
6
special PPL claim can be made.
7
119 Paragraph 55(1)(b)
8
Repeal the paragraph.
9
120 After paragraph 55(1)(d)
10
Insert:
11
(da) section 59A (which deals with permission to make claims for
12
flexible PPL days for a child);
13
121 Section 57
14
Repeal the section.
15
122 Subsection 57A(1) (note)
16
Repeal the note.
17
123 Subsection 57A(2)
18
Omit "42 days", substitute "100 days".
19
124 Subsection 57A(2A)
20
Repeal the subsection, substitute:
21
(2A) Subsection (2) does not apply to the claim if:
22
(a) the claimant is a COVID-19 affected claimant in relation to
23
the claim; or
24
(b) the claimant is a PPL claimant who satisfies the work test in
25
relation to the claim by reason of at least one day in the
26
claimant's work test period being a day in a COVID-19
27
Australian Government payment period for the claimant.
28
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125 Section 58
1
Repeal the section, substitute:
2
58 Expected date of birth
3
If the claim is a PPL claim and it is made before the child's birth,
4
the claim must specify the child's expected date of birth.
5
126 After section 59
6
Insert:
7
59A Permission to make claims for flexible PPL days for a child
8
When permission is required for an effective claim
9
(1) A PPL claim for parental leave pay for one or more flexible PPL
10
days for a child that is made by the following persons is not an
11
effective claim unless permission to make a claim in relation to the
12
child is given, and has not been revoked, by the child's birth
13
mother:
14
(a) a person who:
15
(i) is a parent (other than an adoptive parent) of the child;
16
and
17
(ii) is not the child's birth mother;
18
(b) the partner of the child's birth mother;
19
(c) the partner of a person covered by paragraph (a).
20
(2) However, subsection (1) does not apply to a person who makes a
21
PPL claim in the circumstances prescribed by the PPL rules.
22
(3) A PPL claim for parental leave pay for one or more flexible PPL
23
days for a child that is made by the partner of an adoptive parent of
24
the child is not an effective claim unless permission to make the
25
claim in relation to the child is given, and has not been revoked,
26
by:
27
(a) if:
28
(i) a payability determination under section 13 that parental
29
leave pay for the child is payable has been made in
30
relation to an adoptive parent of the child; and
31
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37
(ii) that determination is the first payability determination
1
under section 13 that parental leave pay for the child is
2
payable that has been made in relation to an adoptive
3
parent of the child;
4
that adoptive parent; or
5
(b) otherwise--an adoptive parent of the child who is nominated
6
by the partner to give permission.
7
(4) A special PPL claim for parental leave pay for one or more flexible
8
PPL days for a child that is made by the partner of a person who
9
satisfies the circumstances prescribed by the PPL rules as being
10
exceptional circumstances in which a PPL claim can be made is
11
not an effective claim unless:
12
(a) permission to make a claim in relation to the child is given,
13
and has not been revoked, by the person who satisfies the
14
circumstances prescribed by the PPL rules as being
15
exceptional circumstances in which a PPL claim can be
16
made; and
17
(b) a payability determination under section 13 that parental
18
leave pay for the child is payable is in force in relation to that
19
person.
20
(5) The permission must:
21
(a) be given to the Secretary in the form approved by the
22
Secretary; and
23
(b) specify the person to whom the permission is given.
24
Note:
The permission does not need to specify the number of flexible PPL
25
days for the child in relation to which a claim to which the permission
26
relates may be made.
27
Revocation of permission
28
(6) If a person has given permission under subsection (1), (3) or (4),
29
the person may revoke the permission.
30
(7) The revocation must be given to the Secretary in the form
31
approved by the Secretary.
32
127 Subsection 60(1)
33
Repeal the subsection.
34
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No. , 2022
128 Subsection 60(2)
1
Omit "(2)".
2
129 Paragraph 60(2)(b)(i)
3
Omit "primary claimant", substitute "PPL claimant".
4
130 Section 62 (paragraph beginning
"Parental leave")
5
Repeal the paragraph, substitute:
6
Parental leave pay is payable in instalments for regular periods
7
called instalment periods. An instalment is payable to a person if
8
one or more flexible PPL days for a child of the person fall within
9
an instalment period for the person and parental leave pay is
10
payable to the person for those days.
11
131 Subsection 63(3)
12
Repeal the subsection, substitute:
13
When an instalment is payable
14
(3) An instalment is payable to a person if one or more flexible PPL
15
days for a child of the person:
16
(a) fall within an instalment period for the person; and
17
(b) are days for which parental leave pay is payable to the
18
person.
19
132 Subsection 65(1)
20
Repeal the subsection, substitute:
21
(1) The amount of an instalment payable to a person is the sum of the
22
daily national minimum wage amounts for each day, during the
23
instalment period to which the instalment relates, that is:
24
(a) a flexible PPL day for a child of the person; and
25
(b) a day for which parental leave pay is payable to the person.
26
133 Subsection 67(2)
27
Omit "secondary claimant", substitute "PPL claimant or special PPL
28
claimant".
29
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39
134 Paragraph 67(2)(a)
1
Omit "a primary claimant", substitute "another PPL claimant or special
2
PPL claimant".
3
135 Paragraph 67(2)(a)
4
Omit "the primary claimant", substitute "that other PPL claimant or
5
special PPL claimant".
6
136 Paragraph 67(2)(b)
7
Omit "secondary claimant", substitute "first PPL claimant or special
8
PPL claimant".
9
137 Section 7
1 (after the paragraph beginning "This Part")
10
Insert:
11
Division 1A sets out when a person has a continuous flexible
12
period.
13
138 Section 71 (paragraph (b) of the paragraph beginning
14
"Under Division 2")
15
Omit "either a day that falls within the person's PPL period for the child
16
or".
17
139 After section 71
18
Insert:
19
Division 1A--Continuous flexible periods
20
71A When a person has a continuous flexible period
21
If:
22
(a) either:
23
(i) one or more payability determinations that parental
24
leave pay is payable to a person for a period (the
25
relevant period
) of one or more flexible PPL days for a
26
child are in force under section 13 or 14; or
27
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Paid Parental Leave Amendment (Improvements for Families and
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No. , 2022
(ii) one or more initial eligibility determinations for a
1
person for a period (the
relevant period
) of one or more
2
flexible PPL days for a child are in force under
3
section 26A; and
4
(b) the relevant period only consists of consecutive flexible PPL
5
days for the child that are week days; and
6
(c) the relevant period consists of at least 40 consecutive flexible
7
PPL days for the child that are week days;
8
then the person's
continuous flexible period
for the child is the
9
period that:
10
(d) starts on the first day in the relevant period; and
11
(e) ends on the earlier of the following days:
12
(i) the last day in the relevant period;
13
(ii) the day before the child's first birthday.
14
140 Subsection 72(1A)
15
Repeal the subsection (not including the notes), substitute:
16
(1A) If an employer is required under subsection (1) to pay an
17
instalment to a person in relation to a child of the person, the
18
requirement only applies to the extent that the instalment is payable
19
in relation to a flexible PPL day for the child that falls within the
20
continuous flexible period mentioned in the employer notice
21
relating to the employer determination.
22
141 Subsection 72(1A) (note 2)
23
Omit "PPL period, or continuous flexible period,", substitute
24
"continuous flexible period".
25
142 Subsection 72(1A) (note 2)
26
Omit ", 92".
27
143 Paragraphs 72(2)(a) and (b)
28
Omit "PPL period", substitute "continuous flexible period".
29
144 Paragraphs 77(2)(c) and (d)
30
Repeal the paragraphs.
31
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145 Paragraphs 82(1)(f) and (g)
1
Repeal the paragraphs, substitute:
2
(f) the person performs more than one hour of paid work for the
3
employer at any time during the person's continuous flexible
4
period for the child;
5
(g) the person ceases to be employed by the employer before the
6
end of the person's continuous flexible period for the child;
7
146 Subparagraph 82(3)(b)(i)
8
Omit "the day after the person's PPL period for the child ends or, if the
9
person has a continuous PPL period for the child,".
10
147 Subsection 84(2A)
11
Repeal the subsection (not including the note), substitute:
12
Instalments relating to certain flexible PPL days
13
(2A) The Secretary must pay an instalment that is payable to a person to
14
the extent that the instalment is payable in relation to a day that
15
does not fall within the person's continuous flexible period for the
16
child that is mentioned in an employer notice relating to an
17
employer determination made for the person and the person's
18
employer.
19
148 Paragraph 84(3)(b)
20
Omit "PPL period", substitute "continuous flexible period".
21
149 Paragraph 84(5)(b)
22
Repeal the paragraph, substitute:
23
(b) the instalment relates to an instalment period that starts on or
24
after the day (the
transfer day
) after the last flexible PPL day
25
for the child that falls within the person's continuous flexible
26
period for the child and for which the Secretary has paid the
27
employer a PPL funding amount for the person; and
28
150 Subsection 85(2)
29
Omit "PPL period", substitute "continuous flexible period".
30
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No. , 2022
151 Section 87 (heading)
1
Omit "
PPL period or
".
2
152 Subsection 87(1)
3
Omit "92 or".
4
153 Section 90
(paragraph beginning "Some of")
5
Omit "an employer or the Secretary becomes required to pay
6
instalments to a person after the person's PPL period for a child has
7
already started", substitute "a person's continuous flexible period is
8
extended after review".
9
154 Section 91 (heading)
10
Omit "
PPL period
", substitute "
continuous flexible period
".
11
155 Paragraphs 91(a) and (c)
12
Omit "PPL period", substitute "continuous flexible period".
13
156 Section 92
14
Repeal the section.
15
157 Subparagraph 101(1)(a)(i)
16
Omit ", 14, 15, 16 or 17", substitute "or 14".
17
158 Subparagraph 101(1)(a)(ii)
18
Omit "26", substitute "26A".
19
159 Paragraph 101(1)(b)
20
After "consecutive", insert "flexible PPL".
21
160 Paragraphs 101(1)(d) and (da)
22
Repeal the paragraphs, substitute:
23
(d) the person has a continuous flexible period for the child and
24
is likely to be an Australian-based employee of the employer
25
during that period; and
26
(da) there are no other flexible PPL days prior to the person's
27
continuous flexible period in respect of which:
28
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43
(i) parental leave pay is payable to the person for the child;
1
or
2
(ii) the person is initially eligible for parental leave pay for
3
the child; and
4
161 Subsection 101(1) (note)
5
Repeal the note.
6
162 Paragraphs 101(4)(a) and (b)
7
Repeal the paragraphs, substitute:
8
(a) the person's continuous flexible period for the child has
9
ended;
10
(b) the person is a special PPL claimant;
11
163 Subparagraphs 101(4)(d)(i) and (ii)
12
Repeal the subparagraphs, substitute:
13
(i) the person is a PPL claimant or special PPL claimant for
14
parental leave pay for a child;
15
(ii) another PPL claimant or special PPL claimant for
16
parental leave pay for the same child owes a debt to the
17
Commonwealth in relation to amounts paid to, or in
18
relation to, that other PPL claimant or special PPL
19
claimant by way of instalments for that child;
20
164 Paragraphs 102(3)(b) to (da)
21
Repeal the paragraphs, substitute:
22
(b) whether the Secretary has made a payability determination
23
under section 13 or 14 that parental leave pay is payable to
24
the person for the child;
25
(c) the person's continuous flexible period for the child;
26
165 Subsection 104(3)
27
Repeal the subsection, substitute:
28
Pay cycle information
29
(3) The acceptance notice must contain the following information (
pay
30
cycle information
) for the person:
31
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Paid Parental Leave Amendment (Improvements for Families and
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No. , 2022
(a) the person's instalment period;
1
(b) the first day of the first instalment period for the person that
2
overlaps with the person's continuous flexible period for the
3
child;
4
(c) the payday and the payroll cut-off for an instalment that
5
would be payable for the first instalment period for the
6
person.
7
166 Paragraph 105(1)(c)
8
Repeal the paragraph, substitute:
9
(c) the person's continuous flexible period for the child has not
10
ended;
11
167 Paragraph 107(3)(b)
12
Repeal the paragraph, substitute:
13
(b) the person's continuous flexible period for the child has not
14
ended by the day the Secretary receives the notice;
15
168 Subsections 108(1A) and (1B)
16
Repeal the subsections, substitute:
17
(1A) The Secretary must revoke an employer determination made for a
18
person and the person's employer in relation to a child of the
19
person if the Secretary is satisfied that a decision (whether or not
20
the decision is a payability determination) has been made that has
21
the effect that parental leave pay is not payable to the person for
22
one or more flexible PPL days for the child that fall within the
23
person's continuous flexible period for the child that is mentioned
24
in the employer notice relating to the employer determination.
25
169 Paragraph 108(1C)(a)
26
Repeal the paragraph.
27
170 Paragraph 108(1C)(b)
28
Omit "17A, 17B or 17C", substitute "13 or 14".
29
171 Subsection 108(1D)
30
Omit ", (1B)".
31
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45
172 Paragraph 112(a)
1
Repeal the paragraph, substitute:
2
(a) if paragraph 109(3)(a) applies--the specified employee's
3
continuous flexible period for the child ends;
4
173 Paragraph 113(1)(b)
5
Omit ", 14, 15, 16 or 17", substitute "or 14".
6
174 Paragraph 113(2)(b)
7
Repeal the paragraph, substitute:
8
(b) if parental leave pay is payable--the person's continuous
9
flexible period for the child; and
10
175 Subsection 113(2) (note)
11
Omit "subsections 108(1A) and (1B)", substitute "subsection 108(1A)".
12
176 Paragraph 114(2)(b)
13
Repeal the paragraph.
14
177 Chapter 3A
15
Repeal the Chapter.
16
178 Section 116 (paragraph beginning
"Subdivision C")
17
Omit ", or to whom dad and partner pay is payable,".
18
179 Paragraph 117(1)(a)
19
Omit "who has made an effective claim for parental leave pay",
20
substitute "has made an effective claim for parental leave pay, and, if
21
so, whether the person".
22
180 Subsection 117(2)
23
Repeal the subsection.
24
181 Subsection 117(3)
25
Omit "or (2)".
26
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Paid Parental Leave Amendment (Improvements for Families and
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No. , 2022
182 Paragraph 122(1)(a)
1
Omit "or (2)(c) (which deal with information about bank accounts)",
2
substitute "(which deals with information about bank accounts)".
3
183 Paragraph 123(a)
4
Omit "or dad and partner pay".
5
184 Paragraph 124(2)(b)
6
Omit "pay;", substitute "pay.".
7
185 Paragraphs 124(2)(c) and (d)
8
Repeal the paragraphs.
9
186 Subsection 125(2)
10
Repeal the subsection.
11
187 Section 133 (heading)
12
Omit "
, PPL funding amount or dad and partner pay
", substitute "
or
13
PPL funding amount
".
14
188 Subparagraph 133(1)(b)(ii)
15
Omit "offence; or", substitute "offence.".
16
189 Subparagraph 133(1)(b)(iii)
17
Repeal the subparagraph.
18
190 Paragraph 138(2)(a)
19
Omit ", a PPL funding amount or dad and partner pay", substitute "or a
20
PPL funding amount".
21
191 Section 164 (paragraph beginning
"(a)")
22
Omit "or dad and partner pay".
23
192 Section 164 (paragraph beginning
"(c)")
24
Omit ", PPL funding amounts or dad and partner pay", substitute "or
25
PPL funding amounts".
26
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193 Section 165
1
Omit ", a PPL funding amount or dad and partner pay", substitute "or a
2
PPL funding amount".
3
194 Paragraphs 166(3)(a) and (aa)
4
Repeal the paragraphs, substitute:
5
(a) if the other person has a continuous flexible period for the
6
child--immediately after the end of that continuous flexible
7
period; or
8
195 Subsection 166(3) (note 1)
9
Repeal the note.
10
196 Subsection 166(3) (note 2)
11
Omit "Note 2", substitute "Note".
12
197 Subsection 168(3)
13
Repeal the subsection (including the notes), substitute:
14
(3) The debt under subsection (2) arises when subsection (1) starts to
15
apply in relation to an amount paid to the first person.
16
Note:
This section may apply to overpayments by way of PPL funding
17
amounts or amounts that are mistakenly paid. For example, an
18
overpayment or mistaken payment may arise due to administrative
19
error or the revocation or setting aside of an employer determination.
20
198 Section 168A
21
Repeal the section.
22
199 Section 169 (heading)
23
Omit "
, PPL funding amount or dad and partner pay
", substitute "
or
24
PPL funding amount
".
25
200 Paragraph 169(1)(a)
26
Omit ", a PPL funding amount or dad and partner pay", substitute "or a
27
PPL funding amount".
28
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Paid Parental Leave Amendment (Improvements for Families and
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No. , 2022
201 Paragraph 171(a)
1
Omit "or by way of dad and partner pay".
2
202 Subsection 191(1)
3
Omit "secondary claimant", substitute "PPL claimant or special PPL
4
claimant".
5
203 Subsection 191(1)
6
Omit "the primary claimant", substitute "another PPL claimant or
7
special PPL claimant".
8
204 Subsection 191(2)
9
Omit "the primary claimant", substitute "that other PPL claimant or
10
special PPL claimant".
11
205 Paragraph 192(1)(a)
12
Omit ", a PPL funding amount or dad and partner pay", substitute "or a
13
PPL funding amount".
14
206 Paragraph 192(2)(a)
15
Omit ", PPL funding amount or dad and partner pay", substitute "or
16
PPL funding amount".
17
207 Subparagraph 215(2)(a)(ii)
18
Repeal the subparagraph, substitute:
19
(ii) paragraph 25(1)(c);
20
208 Subparagraphs 215(2)(a)(viia) to (viid)
21
Repeal the subparagraphs.
22
209 Subparagraph 273(1)(a)(i)
23
Omit "or dad and partner pay".
24
210 Subparagraph 273(1)(a)(ii)
25
Omit ", or dad and partner pay,".
26
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211 Paragraph 273(1)(c)
1
Omit "or dad and partner pay".
2
212 Section 2
74 (paragraph beginning "Division 3")
3
Omit "circumstance,", substitute "circumstances,".
4
213 Section 277 (heading)
5
Omit "
Primary carers
", substitute "
Caring for a child
".
6
214 Subsection 277(1)
7
Omit "31,".
8
215 Subsection 277(1)
9
Omit all the words after "as if a reference to the claimant" (not
10
including the note), substitute "caring for the child were a reference to
11
the claimant caring for the child had the child not been stillborn or
12
died".
13
216 Subsection 277(1) (note)
14
Repeal the note, substitute:
15
Note:
Section 31AA deals with eligibility for parental leave pay and
16
section 47 defines when a person is caring for a child.
17
217 Subsection 277(1A)
18
Repeal the subsection.
19
218 Subsection 277(2)
20
Omit "or (1A)".
21
219 Division 3A of Part 6-1
22
Repeal the Division.
23
220 Division 5 of Part 6-1 (heading)
24
Omit "
or dad and partner pay
".
25
221 Section 278A
26
Omit "or dad and partner pay".
27
Schedule 1
Main amendments
50
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
222 Section 278B (heading)
1
Omit "
or dad and partner pay
".
2
223 Paragraphs 278B(1)(a) to (c)
3
Omit "or dad and partner pay".
4
224 Paragraph 278B(2)
5
Repeal the subsection.
6
225 Paragraphs 278B(3)(a) and (b)
7
Omit "or dad and partner pay".
8
226 Subsection 278B(5)
9
Repeal the subsection.
10
227 Paragraph 278C(2)(a)
11
Omit "or dad and partner pay".
12
228 Subsection 278H(4)
13
Repeal the subsection.
14
229 Section 279 (paragraph beginning
"This Part")
15
Omit ", or payments of dad and partner pay,".
16
230 Paragraph 280(1)(a)
17
Omit "or dad and partner pay, or both".
18
231 Paragraphs 280(1)(b) and (c)
19
Repeal the paragraphs, substitute:
20
(b) direct that the whole or a specified part of an instalment
21
payable by the Secretary to the nominee's PPL under Part 3-3
22
be paid to the nominee.
23
232 Subsection 281(1)
24
Omit "or dad and partner pay, or both".
25
Main amendments
Schedule 1
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
51
233 Section 284A
1
Repeal the section.
2
234 Subsections 285(4) to (6) and 286(1A)
3
Repeal the subsections.
4
235 Subsection 286(2)
5
Omit "or (1A)".
6
236 Paragraphs 286(3)(a) and (4)(a)
7
Omit "or (1A)".
8
237 Subsection 289(1)
9
Omit ", or a payment of dad and partner pay,".
10
Schedule 2
Consequential amendments
52
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
Schedule 2--Consequential amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1)
4
Insert:
5
flexible PPL day
has the same meaning as in the
Paid Parental
6
Leave Act 2010
.
7
2 Subsection 3(1) (definition of has a continuous PPL period)
8
Repeal the definition.
9
3 Subsection 3(1)
10
Insert:
11
parental leave pay
has the same meaning as in the
Paid Parental
12
Leave Act 2010
.
13
4 Subsection 3(1) (definition of PPL period)
14
Repeal the definition.
15
5 Paragraph 61AA(7)(c)
16
Omit ", or dad and partner pay,".
17
6 After subsection 61AA(7)
18
Insert:
19
(7A) Subsection (1) does not apply to an individual in respect of each
20
day in the newly arrived resident's waiting period for the
21
individual that occurs in a period that:
22
(a) includes at least 10 consecutive week days which parental
23
leave pay under the
Paid Parental Leave Act 2010
is payable
24
to the individual; and
25
(b) starts and ends on the first and last of those consecutive days.
26
7 Paragraphs 35A(9)(a) and (b) of Schedule 1
27
Repeal the paragraphs, substitute:
28
Consequential amendments
Schedule 2
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
53
(a) parental leave pay is payable to a person (other than the
1
individual) for a flexible PPL day for that child; and
2
(b) the person and the individual are members of a couple on that
3
day.
4
A New Tax System (Family Assistance) (Administration) Act
5
1999
6
8 Subsection 3(1) (definition of maximum PPL period)
7
Repeal the definition.
8
9 Paragraph 39(4)(b)
9
Repeal the paragraph, substitute:
10
(b) the claimant, or the claimant's partner, is given a notice
11
under section 24 of that Act in relation to the claim for
12
parental leave pay that states that parental leave pay is not
13
payable and no determination of the kind mentioned in
14
paragraph 13(6)(b) or 14(4)(b) of that Act has been made;
15
and
16
10 Subparagraph 41(3)(c)(i)
17
Repeal the subparagraph.
18
11 Subparagraph 41(3)(c)(ii)
19
Omit "if the person does not have a PPL period for the child but
20
parental leave pay is payable to the person for one or more flexible PPL
21
days for the child specified in the claim--".
22
12 Paragraph 41(3)(d)
23
Repeal the paragraph, substitute:
24
(d) the claimant, or the claimant's partner, is given a notice
25
under section 24 of that Act in relation to the claim for
26
parental leave pay that states that parental leave pay is not
27
payable and no determination of the kind mentioned in
28
paragraph 13(6)(b) or 14(4)(b) of that Act has been made;
29
Schedule 2
Consequential amendments
54
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
Data-matching Program (Assistance and Tax) Act 1990
1
13 Subsection 3(1) (paragraph (e) of the definition of
2
personal assistance)
3
Omit "or".
4
14 Subsection 3(1) (paragraph (f) of the definition of personal
5
assistance)
6
Repeal the paragraph.
7
Fair Work Act 2009
8
15 Subsection 79A(4) (note)
9
Repeal the note.
10
Income Tax Assessment Act 1997
11
16 Subsection 995-1(1) (definition of dad and partner pay)
12
Repeal the definition.
13
Social Security Act 1991
14
17 Subsection 8(1) (definition of dad and partner pay)
15
Repeal the definition.
16
18 Paragraph 8(1A)(h)
17
Omit "pay; or", substitute "pay.".
18
19 Paragraph 8(1A)(i)
19
Repeal the paragraph.
20
20 Subsection 23(1) (definition of dad and partner pay)
21
Repeal the definition.
22
21 Paragraph 93WC(2)(ab)
23
Repeal the paragraph.
24
Consequential amendments
Schedule 2
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
55
22 Paragraph 966(4)(c)
1
Omit ", or dad and partner pay,".
2
23 Points 1064-F14, 1066A-G14, 1067G-H20, 1067L-D16,
3
1068-G7AR, 1068A-E12 and 1068B-D18 (definition of
4
leave payment)
5
Repeal the definitions, substitute:
6
leave payment
includes a payment in respect of sick leave, annual
7
leave, maternity leave and long service leave, but does not include
8
an instalment of parental leave pay.
9
24 Point 1071A-4 (paragraph (f) of the definition of income)
10
Omit "pay; and", substitute "pay.".
11
25 Point 1071A-4 (paragraph (g) of the definition of income)
12
Repeal the paragraph.
13
26 Paragraph 1228(2)(cb)
14
Repeal the paragraph.
15
Taxation Administration Act 1953
16
27 Paragraph 12-110(1)(cb) in Schedule 1
17
Repeal the paragraph.
18
28 Subsection 16-155(3) in Schedule 1 (heading)
19
Omit "
or dad and partner pay
".
20
29 Paragraphs 16-155(3)(a) and 16-160(3)(a) in Schedule 1
21
Omit "or
*
dad and partner pay".
22
30 Subparagraphs 18-65(1)(b)(ii) and 18-70(1)(b)(ii) in
23
Schedule 1
24
Omit "or
*
dad and partner pay".
25
Schedule 2
Consequential amendments
56
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
31 Subsection 389-5(1) in Schedule 1 (table item 1, column 1,
1
paragraph (a))
2
Omit "or (cb)".
3
Veterans' Entitlements Act 1986
4
32 Subsections 5H(1) and 5Q(1) (definition of dad and partner
5
pay)
6
Repeal the definitions.
7
33 Paragraph 45UUC(2)(ab)
8
Repeal the paragraph.
9
34 Paragraph 46AB(1)(h)
10
Omit "pay; or", substitute "pay.".
11
35 Paragraph 46AB(1)(i)
12
Repeal the paragraph.
13
36 Paragraph 205(1)(cc)
14
Repeal the paragraph.
15
37 Paragraph 205(2)(a)
16
Omit ", (cc)".
17
38 Subsection 205(8) (paragraph (ba) of the definition of
18
excluded amount)
19
Omit ", (cc)".
20
39 Subsection 205(8) (paragraph (a) of the definition of
21
recoverable amount)
22
Omit ", (cc)".
23
Application, savings and transitional provisions
Schedule 3
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
57
Schedule 3--Application, savings and
1
transitional provisions
2
3
1 Definitions
4
In this Schedule:
5
commencement day
means 26 March 2023.
6
new law
means the PPL Act, as amended by Schedule 1 to this Act.
7
old law
means all of the following, as in force immediately before the
8
commencement day:
9
(a) the PPL Act;
10
(b) instruments (whether legislative or administrative) made
11
under the PPL Act;
12
(c) the Acts amended by Schedule 2 to this Act.
13
PPL Act
means the
Paid Parental Leave Act 2010
.
14
transition period
means the period that starts on 26 March 2023 and
15
ends on 30 June 2023.
16
2 Application of amendments to claims
17
Pre-commencement claim
--child born before commencement
18
(1)
Despite the amendments made by this Act, the old law continues to
19
apply on and after the commencement day in relation to a claim for
20
parental leave pay or dad and partner pay for a child if:
21
(a) the claim was made before the commencement day; and
22
(b) the child was born before that day.
23
Pre-commencement claim
--unborn child with expected date of
24
birth before 1 July 2023
25
(2)
Despite the amendments made by this Act, the old law continues to
26
apply on and after the commencement day in relation to a claim for
27
parental leave pay or dad and partner pay for a child if:
28
(a) the claim was made before the commencement day; and
29
(b) the child was not born at the time of the claim; and
30
(c) the expected date of birth of the child is before 1 July 2023.
31
Schedule 3
Application, savings and transitional provisions
58
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
(3)
However, if on 1 July 2023 a child in respect of whom a claim referred
1
to in subitem (2) has been made has not been born, then on and after
2
that day the claim is taken to be a claim for parental leave pay under the
3
new law, and the new law applies in relation to the claim on and after
4
that day.
5
Transition period claim
--child born before claim is made
6
(4)
Despite the amendments made by this Act, a claim for parental leave
7
pay or dad and partner pay for a child may be made during the transition
8
period in relation to a child born before 1 July 2023, and the old law
9
continues to apply to the claim as if those amendments had not been
10
made.
11
Transition period claim
--unborn child with expected date of birth
12
before 1 July 2023
13
(5)
Despite the amendments made by this Act, a claim for parental leave
14
pay or dad and partner pay for a child may be made during the transition
15
period, and the old law continues to apply to the claim as if those
16
amendments had not been made, if:
17
(a) the child has not been born at the time of the claim; and
18
(b) the expected date of birth of the child is before 1 July 2023.
19
(6)
However, if on 1 July 2023 a child in respect of whom a claim referred
20
to in subitem (5) has been made has not been born, then on and after
21
that day the claim is taken to be a claim for parental leave pay under the
22
new law, and the new law applies in relation to the claim on and after
23
that day.
24
Transition period claim
--unborn child with expected date of birth
25
on or after 1 July 2023
26
(7)
The new law applies in relation to a claim for parental leave pay made
27
during the transition period for a child if:
28
(a) the child has not been born at the time of the claim; and
29
(b) the expected date of birth of the child is on or after 1 July
30
2023.
31
(8)
Despite section 54 of the PPL Act, as amended by Schedule 1 to this
32
Act, until the earlier of the date of birth of the child and 1 July 2023, a
33
Application, savings and transitional provisions
Schedule 3
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
59
claim referred to in subitem (7) may be made only by the following
1
persons:
2
(a) the birth mother of the child;
3
(b) an adoptive parent of the child, if no payability determination
4
that parental leave pay for the child is payable has previously
5
been made in respect of another person.
6
(9)
However, if a child in respect of whom a claim referred to in
7
subitem (7) has been made is born before 1 July 2023, then on and after
8
that day the claim is taken to be a claim for parental leave pay under the
9
old law, and the old law applies in relation to the claim on and after that
10
day.
11
Post 1 July 2023 claim
--child born before 1 July 2023
12
(10)
Despite the amendments made by this Act, a claim for parental leave
13
pay or dad and partner pay may be made on or after 1 July 2023 in
14
relation to a child born before 1 July 2023, and the old law continues to
15
apply to the claim as if those amendments had not been made.
16
Post 1 July 2023 claim
--child born on or after 1 July 2023
17
(11)
The new law applies in relation to a claim for parental leave pay made
18
on or after 1 July 2023 for a child if:
19
(a) the child is born at the time of the claim; and
20
(b) the child was born on or after 1 July 2023.
21
Post 1 July 2023 claim
--unborn child
22
(12)
The new law applies in relation to a claim for parental leave pay made
23
on or after 1 July 2023 for a child if the child has not been born at the
24
time the claim is made.
25
3 Continuing application of provisions relating to qualifying
26
work
27
Sections 34 and 35A to 35C of the PPL Act, as in force immediately
28
before the commencement day, continue to apply in relation to a claim
29
for parental leave pay for a child born on or after 1 July 2023.
30
Schedule 3
Application, savings and transitional provisions
60
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
No. , 2022
4 Continuing application of other Acts
1
(1)
The following Acts and provisions, as in force immediately before the
2
commencement day, continue to apply in relation to payments of dad
3
and partner pay made before, on or after the commencement day:
4
(a) paragraph 61AA(7)(c) of the
A New Tax System (Family
5
Assistance) Act 1999
;
6
(b) the
Data-matching Program (Assistance and Tax) Act 1990
;
7
(c) the
Social Security Act 1991
;
8
(d) the
Taxation Administration Act 1953
;
9
(e) the
Veterans' Entitlements Act 1986
.
10
(2)
Paragraphs 35A(9)(a) and (b) of Schedule 1 of the
A New Tax System
11
(Family Assistance) Act 1999
, as in force immediately before the
12
commencement day,
continue to apply in relation to PPL periods
13
occurring wholly or partly before, on or after the commencement day.
14
5 Adopted children and exceptional circumstances
15
The following provisions of the PPL Act, as in force on the
16
commencement day, apply in relation to this Schedule as if it were a
17
provision of that Act:
18
(a) section 275 (which deals with how that Act applies to an
19
adopted child);
20
(b) section 276 (which deals with how that Act applies to claims
21
made in exceptional circumstances).
22
6 Power to request information
23
(1)
If a person makes a claim to which this Schedule applies, the Secretary
24
may request the person to give information or produce a document for
25
the purposes of administering this Schedule, the PPL Act or the PPL
26
rules.
27
(2)
If a person refuses or fails to comply with the request, the Secretary
28
may determine that the claim to which the request relates is taken to not
29
be an effective claim for the purposes of Part 2-4 or 3A-4 of the PPL
30
Act.
31
(3)
Subsection 303(1) of the PPL Act (which deals with delegation) has
32
effect as if this item were a provision of that Act.
33
Application, savings and transitional provisions
Schedule 3
No. , 2022
Paid Parental Leave Amendment (Improvements for Families and
Gender Equality) Bill 2022
61
7 Rules
1
(1)
The Minister may, by legislative instrument, make rules prescribing
2
matters of a transitional nature (including prescribing any saving or
3
application provisions) relating to the amendments or repeals made by
4
this Act.
5
(2)
Without limiting subitem (1), rules made under this item before 1 July
6
2024 may provide that provisions of any of the following have effect
7
with any modifications prescribed by the rules:
8
(a) this Act;
9
(b) the PPL Act;
10
(c) the Acts amended by Schedule 2 to this Act;
11
(d) the PPL rules.
12
Those provisions then have effect as if they were so modified.
13
(3)
To avoid doubt, the rules may not do the following:
14
(a) create an offence or civil penalty;
15
(b) provide powers of:
16
(i) arrest or detention; or
17
(ii) entry, search or seizure;
18
(c) impose a tax;
19
(d) set an amount to be appropriated from the Consolidated
20
Revenue Fund under an appropriation in this Act;
21
(e) directly amend the text of this Act.
22
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
23
be made for the purposes of subitems (1) and (2).
24