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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Paid Parental Leave Amendment (More
Support for Working Families) Bill 2023
No. , 2023
(Social Services)
A Bill for an Act to amend the law relating to paid
parental leave, and for related purposes
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Part 1
--
Amendments
3
Paid Parental Leave Act 2010
3
Part 2
--
Application of amendments
11
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
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 (More Support for
5
Working Families) Act 2023
.
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 (More Support for Working Families)
Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
26 March 2024.
26 March 2024
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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
3
Schedule
1--Amendments
1
Part
1--Amendments
2
Paid Parental Leave Act 2010
3
1 Section
4 (paragraph beginning "Parental leave pay is
4
payable")
5
Omit "generally cannot exceed 100", substitute "is limited".
6
2 Section
7 (paragraph beginning "If the Secretary")
7
Omit "generally cannot exceed 100", substitute "is limited".
8
3 Subsection 15(3) (note 1)
9
Repeal the note, substitute:
10
Note 1:
The maximum number of flexible PPL days for a child that is payable
11
is worked out under sections 31AB and 31ABA.
12
4 Paragraph 21(1)(a)
13
Omit all words after "a total of", substitute:
14
": (i)
if the child is born before 1 July 2025
--
10 flexible PPL
15
days; or
16
(ii) if the child is born on or after 1 July 2025
--
20 flexible
17
PPL d
ays; and"
.
18
5 Subsection 21(2)
19
Omit "of 10", substitute "number of".
20
6 Section 3
0 (paragraph beginning "Division
2 sets out")
21
Omit "
Section 3
1AB sets", substitute "Sections
31AB and 31ABA set".
22
7 Section 3
0 (paragraph beginning "Division
2 sets out")
23
Omit "10".
24
8 Before subsection 31AA(2)
25
Insert:
26
Schedule 1
Amendments
Part 1
Amendments
4
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
Main eligibility rule
1
9 Paragraph 31AA(2)(e)
2
Repeal the paragraph, substitute:
3
(e) both of the following apply:
4
(i) the person satisfies the Australian residency test on the
5
day the child was born;
6
(ii) if the day the child was born is in a newly arrived
7
resident's waiting period that the person is subject to
8
under section 31A
--
subsection 31A(7) or (7A) applies
9
to the person on the day the child was born.
10
10 Before subsection 31AA(3)
11
Insert:
12
When child is stillborn or has died
13
11 Subsections 31AA(4) and (5)
14
Repeal the subsections, substitute:
15
When person meets prescribed conditions
--
persons other than
16
special PPL claimants in exceptional circumstances
17
(4) A person is eligible for parental leave pay on a flexible PPL day
18
for a child if:
19
(a) the person satisfies the Australian residency test on that day;
20
and
21
(b) if the person has not previously satisfied the work and
22
income tests in relation to the child
--
the person satisfies the
23
work test and the income test on that day; and
24
(c) both of the following apply:
25
(i) the person satisfies the Australian residency test on the
26
day the child was born;
27
(ii) if the day the child was born is in a newly arrived
28
resident's waiting period that the person is subject to
29
under section 31A
--
subsection 31A(7) or (7A) applies
30
to the person on the day the child was born; and
31
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
5
(d) the person does not satisfy the circumstances prescribed by
1
the PPL rules as being exceptional circumstances in which a
2
special PPL claim can be made; and
3
(e) on that flexible PPL day, the person satisfies the conditions
4
prescribed by the PPL rules for the purposes of this
5
paragraph.
6
When person meets prescribed conditions
--
special PPL claimants
7
in exceptional circumstances
8
(5) A person is eligible for parental leave pay on a flexible PPL day
9
for a child if:
10
(a) the person satisfies the Australian residency test on that day;
11
and
12
(b) both of the following apply:
13
(i) the person satisfies the Australian residency test on the
14
day the child was born;
15
(ii) if the day the child was born is in a newly arrived
16
resident's waiting period that the person is subject to
17
under section 31A
--
subsection 31A(7) or (7A) applies
18
to the person on the day the child was born; and
19
(c) the person satisfies the circumstances prescribed by the PPL
20
rules as being exceptional circumstances in which a special
21
PPL claim can be made; and
22
(d) on that flexible PPL day, the person satisfies the conditions
23
prescribed by the PPL rules for the purposes of this
24
paragraph.
25
12 Section 31AB
26
Repeal the section, substitute:
27
31AB When a person is not eligible for parental leave pay on a
28
flexible PPL day for a child
29
When a person is not eligible
30
(1) A person (the
relevant claimant
) is not eligible for parental leave
31
pay on a day that is a flexible PPL day for a child if subsection (2),
32
(3), (4), (5), (6), (7) or (8) applies to the relevant claimant on that
33
day.
34
Schedule 1
Amendments
Part 1
Amendments
6
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
Flexible PPL days exceed maximum amounts
--
total limit in
1
relation to child
2
(2) This subsection applies to the relevant claimant on a flexible PPL
3
day if:
4
(a) one or more determinations under section 13 or 14 that
5
parental leave pay is payable to a person are in force in
6
relation to the number of flexible PPL days for the child
7
specified in subsection 31ABA(1); and
8
(b) neither the relevant claimant
nor the relevant claimant's
9
partner (if any) satisfies the circumstances prescribed by the
10
PPL rules as being exceptional circumstances in which a PPL
11
claim can be made.
12
When flexible PPL days exceed maximum amounts
--
claimant limit
13
when partnered (reserved period)
14
(3) This subsection applies to the relevant claimant on a flexible PPL
15
day if:
16
(a) the relevant claimant has a partner at the time the relevant
17
claimant makes their first effective claim in relation to the
18
child; and
19
(b) one or more determinations under section 13 that parental
20
leave pay is payable to the relevant claimant are in force in
21
relation to the number of flexible PPL days for the child
22
specified in subsection 31ABA(2); and
23
(c) neither the relevant claimant nor the
relevant claimant's
24
partner (if any) satisfies the circumstances prescribed by the
25
PPL rules as being exceptional circumstances in which a PPL
26
claim can be made; and
27
(d) the relevant claimant does not satisfy the conditions
28
prescribed by the PPL rules for the purposes of this
29
paragraph.
30
When flexible PPL days exceed maximum amounts
--
exceptional
31
circumstances persons (other than persons that meet prescribed
32
conditions)
33
(4) This subsection applies to the relevant claimant on a flexible PPL
34
day if:
35
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
7
(a) one or more determinations under section 13 or 14 that
1
parental leave pay is payable to the relevant claimant or the
2
relevant claimant's partner (if any) are in force
in relation to
3
the number of flexible PPL days for the child specified in
4
subsection 31ABA(1); and
5
(b) the relevant claimant or
the relevant claimant's partner (if
6
any) satisfies the circumstances prescribed by the PPL rules
7
as being exceptional circumstances in which a PPL claim can
8
be made; and
9
(c) the relevant claimant does not satisfy the conditions
10
prescribed by the PPL rules for the purposes of
11
paragraph (5)(c).
12
When flexible PPL days exceed maximum amounts
--
exceptional
13
circumstances persons that meet prescribed conditions (total limit)
14
(5) This subsection applies to the relevant claimant on a flexible PPL
15
day if:
16
(a) one or more determinations under section 13 or 14 that
17
parental leave pay is payable to the relevant claimant or the
18
relevant claimant's partner (if any)
are in force in relation to
19
the number of flexible PPL days for the child specified in
20
subsection 31ABA(1); and
21
(b) the relevant claimant
or the relevant claimant's partner (if
22
any) satisfies the circumstances prescribed by the PPL rules
23
as being exceptional circumstances in which a PPL claim can
24
be made; and
25
(c) the relevant claimant satisfies the conditions prescribed by
26
the PPL rules for the purposes of this paragraph.
27
When flexible PPL days exceed maximum amounts
--
exceptional
28
circumstances persons that meet prescribed conditions (reserved
29
period)
30
(6) This subsection applies to the relevant claimant on a flexible PPL
31
day if:
32
(a) the relevant claimant has a partner at the time the relevant
33
claimant makes their first effective claim in relation to the
34
child; and
35
Schedule 1
Amendments
Part 1
Amendments
8
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
(b) one or more determinations under section 13 or 14 that
1
parental leave pay is payable to the relevant claimant are in
2
force in relation to the number of flexible PPL days for the
3
child specified in subsection 31ABA(2); and
4
(c) the relevant claimant or the relevant clai
mant's partner
5
satisfies the circumstances prescribed by the PPL rules as
6
being exceptional circumstances in which a PPL claim can be
7
made; and
8
(d) the relevant claimant satisfies the conditions prescribed by
9
the PPL rules for the purposes of paragraph (5)(c).
10
Claimant deceased
11
(7) This subsection applies to the relevant claimant on a flexible PPL
12
day if the relevant claimant is deceased on that day.
13
Newly arrived resident's waiting period
14
(8) This subsection applies to the relevant claimant on a flexible PPL
15
day if that
day is in a newly arrived resident's waiting period for
16
the relevant claimant (see section 31A).
17
31ABA Maximum number of flexible PPL days
18
Total limit in relation to child
19
(1) For the purposes of subsections 31AB(2), (4) and (5), the number
20
of flexible PPL days for a child is:
21
(a) for a child born before 1 July 2024
--
100 flexible PPL days
22
for the child; or
23
(b) for a child born between 1 July 2024 and 30 June 2025
--
110
24
flexible PPL days for the child; or
25
(c) for a child born between 1 July 2025 and 30 June 2026
--
120
26
flexible PPL days for the child; or
27
(d) for a child born on or after 1 July 2026
--
130 flexible PPL
28
days for the child.
29
Note 1:
Under section 31AB, a claimant is not eligible for parental leave pay
30
for a flexible PPL day if the maximum number of flexible PPL days
31
for the child specified in this section has been reached.
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
9
Note 2:
Where certain claimants have a partner, the maximum number of
1
flexible PPL days for the claimant is limited to the number specified
2
in subsection (2) of this section. The difference between the number of
3
days specified in this subsection and the number of days specified in
4
subsection (2) is reserved for other claimants (see section 31AB).
5
Claimant limit when partnered
--
reserved period
6
(2) For the purposes of subsections 31AB(3) and (6), the number of
7
flexible PPL days for a child is:
8
(a) for a child born before 1 July 2024
--
90 flexible PPL days for
9
the child; or
10
(b) for a child born between 1 July 2024 and 30 June 2025
--
100
11
flexible PPL days for the child; or
12
(c) for a child born between 1 July 2025 and 30 June 2026
--
105
13
flexible PPL days for the child; or
14
(d) for a child born on or after 1 July 2026
--
110 flexible PPL
15
days for the child.
16
13 Before subsection 31A(6A)
17
Insert:
18
Exemptions
19
14 Subsections 31A(7) and (7A)
20
Omit "31AB(7)", substitute "31AB(8)".
21
15 Section 36A
22
Repeal the section, substitute:
23
36A Premature birth or pregnancy-related complications or illness
24
(1) A person also satisfies the
work test
on a day if:
25
(a) the Secretary is satisfied that either or both of the following
26
circumstances existed:
27
(i) if the person is covered by subsection (2)
--
the child
28
was born prematurely;
29
(ii) if the person is the child
's birth mother--
while the
30
person was pregnant with the child, the person had
31
Schedule 1
Amendments
Part 1
Amendments
10
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
complications or illness related to the pregnancy which
1
prevented the person from performing paid work; and
2
(b) the Secretary is satisfied that the person would have satisfied
3
the work test on the day in accordance with section 32 if that
4
circumstance, or those circumstances, had not existed.
5
(2) For the purposes of subparagraph (1)(a)(i), the following persons
6
are covered:
7
(a) the child
's birth mother
;
8
(b) a person who:
9
(i) is a parent of the child; and
10
(ii)
is not the child's b
irth mother;
11
(c)
the partner of the child's birth mother
.
12
Amendments
Schedule 1
Application of amendments
Part 2
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
11
Part
2--Application of amendments
1
16 Definitions
2
In this Part:
3
commencement day
means 26 March 2024.
4
new law
means the PPL Act, as amended by this Act.
5
old law
means all of the following, as in force immediately before
6
commencement day:
7
(a) the PPL Act;
8
(b) instruments (whether legislative or administrative) made
9
under the PPL Act.
10
PPL Act
means the Paid Parental Leave Act 2010.
11
PPL rules
means the rules made by the Minister under section 298 of
12
the PPL Act.
13
transition period
means the period starting on 26 March 2024 and
14
ending on 30 June 2024.
15
17 Application of amendments to claims
16
Pre-commencement claim
--
child born before commencement
17
(1)
Despite the amendments made by this Act, the old law continues to
18
apply on and after commencement day in relation to a claim for parental
19
leave pay for a child if:
20
(a) the claim was made before the commencement day; and
21
(b) the child was born before that day.
22
Pre-commencement claim
--
unborn child with expected date of
23
birth before 1 July 2024
24
(2)
Despite the amendments made by this Act, the old law continues to
25
apply on and after commencement day in relation to a claim for parental
26
leave pay for a child if:
27
(a) the claim was made before the commencement day; and
28
(b) the child was not born at the time of the claim; and
29
(c) the expected date of birth for the child is before 1 July 2024.
30
Schedule 1
Amendments
Part 2
Application of amendments
12
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
(3)
However, if on 1 July 2024 a child in respect of whom a claim referred
1
to in subitem (2) has been has not been born, then on and after that day
2
the claim is taken to be a claim for parental leave pay under the new
3
law, and the new law applies in relation to the claim on and after that
4
day.
5
Transitional period claim
--
child born before claim is made
6
(4)
Despite the amendments made by this Act, a claim for parental leave
7
pay for a child may be made during the transition period in relation to a
8
child born before 1 July 2024, and the old law continues to apply to the
9
claim as if those amendments had not been made.
10
Transitional period claim
--
unborn child with expected date of
11
birth before 1 July 2024
12
(5)
Despite the amendments made by this Act, a claim for parental leave
13
pay for a child may be made during the transition period, and the old
14
law continues to apply to the claim as if those amendments had not been
15
made, if:
16
(a) the child has not been born at the time of the claim; and
17
(b) the expected date of birth of the child is before 1 July 2024.
18
(6)
However, if on 1 July 2024 a child in respect of whom a claim referred
19
to in subitem (5) has been made has not been born, then on and after
20
that day the claim is taken to be a claim for parental leave pay under the
21
new law, and the new law applies in relation to the claim on and after
22
that day.
23
Transitional period claim
--
unborn child with expected date of
24
birth on or after 1 July 2024
25
(7)
Despite the amendments made by this Act, a claim for parental leave
26
pay for a child may be made during the transition period, and the old
27
law continues to apply to the claim as if those amendments had not been
28
made, if:
29
(a) the child has not been born at the time of the claim; and
30
(b) the expected date of birth of the child is on or after 1 July
31
2024.
32
(8)
However, if on 1 July 2024 a child in respect of whom a claim referred
33
to in subitem (7) has been made has not been born, then on and after
34
Amendments
Schedule 1
Application of amendments
Part 2
No. , 2023
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
13
that day the claim is taken to be a claim for parental leave pay under the
1
new law, and the new law applies in relation to the claim on and after
2
that day.
3
Post 1 July 2024 claim
--
child born before 1 July 2024
4
(9)
Despite the amendments made by this Act, a claim for parental leave
5
pay may be made on or after 1 July 2024 for a child born before 1 July
6
2024, and the old law continues to apply to the claim as if those
7
amendments had not been made.
8
Post 1 July 2024 claim
--
child born on or after 1 July 2024
9
(10)
The new law applies in relation to a claim for parental leave pay made
10
on or after 1 July 2024 if:
11
(a) the child is born at the time of the claim; and
12
(b) the child was born on or after 1 July 2024.
13
Post 1 July 2024 claim
--
unborn child
14
(11)
The new law applies in relation to a claim for parental leave pay made
15
on or after 1 July 2024 for a child if the child has not been born at the
16
time the claim is made.
17
18 Adopted children and exceptional circumstances
18
The following provisions of the PPL Act, as in force on the
19
commencement day, apply in relation to Part 2 of Schedule 1 of this Act
20
as if it were a provision of that Act:
21
(a) section 275 (which deals with how that Act applies to an
22
adopted child);
23
(b) section 276 (which deals with how that Act applies to claims
24
made in exceptional circumstances).
25
19 Rules
26
(1)
The Minister may, by legislative instrument, make rules prescribing
27
matters of a transitional nature (including prescribing any saving or
28
application provisions) relating to the amendments or repeals of this
29
Act.
30
Schedule 1
Amendments
Part 2
Application of amendments
14
Paid Parental Leave Amendment (More Support for Working Families)
Bill 2023
No. , 2023
(2)
Without limiting subitem (1), rules made under this item before 1 July
1
2025 may provide that provisions of any of the following have effect
2
with any modifications prescribed by the rules:
3
(a) this Act;
4
(b) the PPL Act;
5
(c) the PPL rules.
6
Those provisions then have effect as if they were so modified.
7
(3)
To avoid doubt, the rules may not do the following:
8
(a) create on offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16
(4)
This Part (other than subitem (3)) does not limit the rules that may be
17
made for the purposes of subitem (1) or (2).
18