PAID PARENTAL LEAVE ACT 2010
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--INTRODUCTION
Division 1--Preliminary
Division 1A--Objects of this Act
Division 2--Guide to this Act
PART 1-2--DEFINITIONS
Division 1--Guide to this Part
- 5 Guide to this Part
Division 2--The Dictionary
- 6 The Dictionary
CHAPTER 2--When parental leave pay is payable to a person
PART 2-1--KEY PROVISIONS
Division 1--Guide to this Part
- 7 Guide to this Part
Division 3--When parental leave pay for a flexible PPL day for a child is payable to a person
- 11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person
- 11B For a determination to be made, the person must be eligible
- 11C For a determination to be made, the person must claim
- 11D Flexible PPL day
PART 2-2--DETERMINATIONS ABOUT WHETHER PARENTAL LEAVE PAY IS PAYABLE TO A PERSON
Division 1--Guide to this Part
- 12 Guide to this Part
Division 2--Determination about whether parental leave pay for a flexible PPL day is payable to a person
- 13 Determination on a PPL claim
- 14 Determination on a special PPL claim
- 15 Permission to claim flexible PPL days for a child
Division 3--When the Secretary cannot make a determination that parental leave pay is payable
- 18 The child's birth has not been verified
- 19B Parental leave pay not payable to COVID - 19 affected claimant if child born after 31 March 2021
- 20 Multiple births
- 21 Limit on number of flexible PPL days for which parental leave pay is payable to more than one person
Division 4--General provisions applying to determinations about whether parental leave pay is payable
- 22 Assumptions when making the determination
- 23 When the determination is in force
- 24 Notice of the determination
- 25 Revoking the determination on request
Division 5--Initial eligibility determinations about parental leave pay
- 26A Initial eligibility determinations relating to flexible PPL days for a child
- 27 Assumptions when making the initial eligibility determination
- 28 When the initial eligibility determination comes into force
- 29 Notice of the initial eligibility determination
PART 2-3--ELIGIBILITY FOR PARENTAL LEAVE PAY
Division 1--Guide to this Part
- 30 Guide to this Part
Division 2--When a person is eligible for parental leave pay
- 31AA When a person is eligible for parental leave pay on a flexible PPL day for a child
- 31AB When a person is not eligible for parental leave pay on a flexible PPL day for a child
- 31ABA Maximum number of flexible PPL days
- 31A Newly arrived resident's waiting period
Division 3--The work test
- 32 When a person satisfies the work test
- 33 The work test period --claimants other than COVID - 19 affected claimants
- 33A The work test period --COVID - 19 affected claimants
- 34 When a person performs qualifying work
- 35 When a person performs paid work
- 35A Hours of qualifying work on a flexible PPL day
- 35B Hours of qualifying work on a day in a jobkeeper payment period
- 35C Hours of qualifying work on a day in a COVID - 19 Australian Government payment period
- 36 When there is a permissible break
- 36A Premature birth or pregnancy - related complications or illness
- 36AA Special circumstances
Division 4--The income test
Subdivision A--The income test- 37 When a person satisfies the income test
- 38 A person's adjusted taxable income
- 39 The reference income year
- 40 The relevant individual PPL income limit and relevant family PPL income limit
- 41 The individual PPL income limit and family PPL income limit Subdivision B--Indexation of
- 42 Indexation of individual and family PPL income limits
- 43 The indexation factor
- 44 Rounding off indexed amounts
Division 5--The Australian residency test
- 45 When a person satisfies the Australian residency test
- 46 Effect of absence from Australia on Australian residency test
Division 6--Caring for a child
PART 2-4--CLAIMS FOR PARENTAL LEAVE PAY
Division 1--Guide to this Part
- 51 Guide to this Part
Division 2--Claims for parental leave pay
- 52 Who can claim
- 53 Types of claims
- 54 Who can make a PPL claim or special PPL claim
- 55 When a claim is effective
- 56 Requirements of the claim
- 57A Specification in claim of flexible PPL days for a child etc.
- 58 Expected date of birth
- 59 Tax file number statement
- 59A Permission to make claims for flexible PPL days for a child
- 60 When to claim
- 61 Claim may be withdrawn or varied
CHAPTER 3--Payment of parental leave pay
PART 3-1--INSTALMENTS OF PARENTAL LEAVE PAY
Division 1--Guide to this Part
- 62 Guide to this Part
Division 2--Instalments of parental leave pay
- 63 Instalments of parental leave pay
- 64 A person's instalment period and the payday for an instalment
- 65 The amount of an instalment
- 66 Protection of instalment
- 67 Deductions authorised by person
- 68 Deductions for PAYG withholding
- 69 Deductions relating to child support
- 69A Deductions to avoid overpayment of income support payment
- 69B Deductions relating to debt owed to the Commonwealth
- 70 No other deductions
PART 3-2--PAYMENT OF INSTALMENTS BY EMPLOYER
Division 1--Guide to this Part
- 71 Guide to this Part
Division 1A--Continuous flexible periods
- 71A When a person has a continuous flexible period
Division 2--Payment of instalments by employer
- 72 When an employer pays instalments
- 73 When an employer has been paid enough to fund an instalment
- 74 Method of payment of instalment payable by employer
Division 3--PPL funding amounts
- 75 Payment of PPL funding amounts
- 76 Rules affecting the amount of a PPL funding amount
- 77 Notice requirements relating to PPL funding amounts
- 79 Protection of PPL funding amounts
Division 4--Obligations of employer relating to paying instalments
- 80 Giving person record of payment
- 81 Keeping records
- 82 Notifying Secretary if certain events happen
PART 3-3--PAYMENT OF INSTALMENTS BY SECRETARY
Division 1--Guide to this Part
- 83 Guide to this Part
Division 2--Payment of instalments by Secretary
- 84 When the Secretary pays instalments
- 85 Payment of arrears--employer determination reviewed or revoked before coming into force
- 86 Payment of arrears--employer determination revoked after coming into force
- 87 Payment of arrears--extending continuous flexible period after review
- 88 Method of payment of instalment payable by Secretary
- 89 Giving person record of payment
PART 3-4--GENERAL RULES RELEVANT TO PAYING INSTALMENTS
Division 1--Guide to this Part
- 90 Guide to this Part
Division 2--General rules relevant to paying instalments
- 91 Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period
- 92A Effect of extending a person's continuous flexible period after review
- 93 Effect on instalment periods of employer determination coming into force after review
- 94 Effect on instalment periods of revocation etc.
- 95 Paying instalment on payday for later instalment--no later instalment
- 96 Paying instalment on particular day--complying with obligation
- 97 Effect of garnishee etc. order
- 98 Exemption from operation of workers' compensation and accident compensation laws
- 99 Period receiving parental leave pay is not a period of paid leave
- 99A Payment of paid parental leave does not affect other employer obligations
PART 3-5--EMPLOYER DETERMINATIONS
Division 1--Guide to this Part
- 100 Guide to this Part
Division 2--Making employer determinations
- 101 Making employer determinations
- 102 Secretary must give notice of employer determination
- 103 Employer must respond to notice of employer determination
- 104 Requirements for an acceptance notice
- 105 Giving bank account and pay cycle information etc. after review
- 106 Effect of decision on review that parental leave pay is payable
Division 3--When an employer determination is in force
- 107 When an employer determination comes into force
- 108 Revocation of an employer determination
Division 4--Election by employer to pay instalments
- 109 Election by employer to pay instalments
- 110 Employer may withdraw an election
- 111 Secretary may cancel an election
- 112 When an election is in force
Division 5--Notice of decisions
- 113 Notice of outcome of a payability determination
- 114 Notice of varying, setting aside etc. payability determination
- 115 Notice of other decisions
CHAPTER 4--Compliance and enforcement
PART 4-1--INFORMATION GATHERING
Division 1--Guide to this Part
- 116 Guide to this Part
Division 2--Information gathering
Subdivision A--Gathering information from any person- 116A Reasonable belief needed to require information or documents
- 117 General power to obtain information
- 118 Power to obtain information from a person who owes a debt to the Commonwealth
- 119 Obtaining information about a person who owes a debt to the Commonwealth
- 120 Written notice of requirement
- 121 Relationship with other laws
- 122 Offence--failure to comply with requirement
- 122A Self - incrimination
- 122B Use of information in investigations etc. Subdivision B--Gathering information relating to tax file numbers
- 123 Secretary may require Commissioner of Taxation to provide tax file numbers etc.
- 124 Purposes for which tax file numbers may be used Subdivision C--Obligation to notify of change of circumstances
- 125 Obligation to notify of change of circumstances
Division 3--Confidentiality
- 126 Operation of Division
- 127 Obtaining and using protected information
- 128 Disclosing personal information
- 129 Offence--unauthorised access to protected information
- 130 Offence--unauthorised use of protected information
- 130A Disclosure of information by AAT members--threat to life, health or welfare
- 131 Offence--soliciting disclosure of protected information
- 132 Offence--offering to supply protected information
Division 4--Offences against Parts 7.3 and 7.4 of the Criminal Code
- 133 Repayment of instalment of parental leave pay or PPL funding amount
- 134 Penalty where person convicted of more than one offence
- 135 Joining of charges
- 136 Particulars of each offence
- 137 Trial of joined charges
- 138 Evidentiary effect of Secretary's certificate
- 139 Enforcement of court certificate as judgment
PART 4-2--COMPLIANCE
Division 1--Guide to this Part
- 140 Guide to this Part
Division 2--Referring matters to the Fair Work Ombudsman
- 141 Functions of the Fair Work Ombudsman
- 142 Exercise of compliance powers
- 143 Referring matters to the Fair Work Ombudsman
- 144 Fair Work Ombudsman to notify of outcome of investigation
Division 3--Civil penalty orders
- 146 Civil penalty provisions
- 147 Civil penalty orders
- 156 Requirement for person to assist in applications for civil penalty orders
Division 4--Compliance notices
- 157 Giving a compliance notice
- 158 Fair Work Ombudsman to notify of outcome of compliance notice
Division 5--Infringement notices
- 159 Infringement notices
PART 4-3--DEBT RECOVERY
Division 1--Guide to this Part
- 164 Guide to this Part
Division 2--Main debts recoverable under this Act
- 165 Debts due to the Commonwealth
- 166 Parental leave pay instalment debts--instalments paid by employer
- 167 Parental leave pay instalment debts--instalments paid by the Secretary
- 168 PPL funding amount debts--amounts not paid as parental leave pay instalments
- 169 Wrong person receives parental leave pay instalment or PPL funding amount
- 170 Joint and several liability for debts arising because of false and misleading statements
- 171 Debts under the Data - matching Program (Assistance and Tax) Act 1990
Division 3--Parental leave pay recoverable by employees from employers
- 172 PPL funding amount debts--debts owing by employers to employees
Division 4--Debt notices and interest on debts
- 173 Notices in respect of debt
- 174 Interest charge--no debt payment arrangement in effect
- 175 Interest charge--failure to comply with or termination of debt payment arrangement
- 176 Other rules for interest charge
- 177 What is the interest charge rate ?
- 178 Exemption from interest charge--general
- 179 Exemption from interest charge--Secretary's determination
- 180 Guidelines on interest charge provisions
Division 5--How the Commonwealth can recover debts
- 181 Debts to which Division 5 applies
- 182 How to recover debts
- 183 Legal proceedings
- 184 Garnishee notices--general
- 185 Garnishee notices--amounts paid in compliance
- 186 Garnishee notices--debt for failure to comply with notice
- 187 Garnishee notices--offence for non - compliance
- 188 Garnishee notices--relationship with other laws
- 190 Payment of debts by arrangement
- 190A Secretary may determine amounts to be deducted from instalments payable to debtor
- 191 Deductions from instalments payable to another person
- 192 Recovery from an ADI
- 192A No time limit on debt recovery action
Division 6--Writing off debts
- 193 When debts can be written off
Division 7--Waiver of debts
- 194 Waiver of debts--general
- 195 Waiver of debts--administrative error
- 196 Waiver of debts--arising from offence
- 197 Waiver of debts--small debts
- 198 Waiver of debts--settlement of civil actions
- 199 Waiver of debts--special circumstances
- 200 Waiver of debts--determined classes
Division 7A--Departure prohibition orders
Subdivision A--Secretary may make departure prohibition orders- 200A Secretary may make departure prohibition orders Subdivision B--Departure from Australia of debtors prohibited
- 200B Departure from Australia of debtors prohibited Subdivision C--Other rules for departure prohibition orders
- 200C Notification requirements for departure prohibition orders
- 200D Operation of departure prohibition order
- 200E Revocation and variation of departure prohibition orders
- 200F Notification requirements for revocations and variations Subdivision D--Departure authorisation certificates
- 200G Application for departure authorisation certificate
- 200H When Secretary must issue departure authorisation certificate
- 200J Security for person's return to Australia
- 200K What departure authorisation certificate must authorise
- 200L Notification requirements for departure authorisation certificates
- 200M Notification requirements for substituted days Subdivision E--Appeals and review in relation to departure prohibition orders and departure authorisation certificates
- 200N Appeals to courts against making of departure prohibition orders
- 200P Jurisdiction of courts
- 200Q Orders of court on appeal
- 200R Review of decisions Subdivision F--Enforcement
- 200S Powers of officers of Customs and members of the Australian Federal Police
- 200T Privilege against self - incrimination
- 200U Production of authority to depart Subdivision G--Interpretation
- 200V Interpretation--departure from Australia for foreign country
- 200W Meaning of Australia
Division 8--Miscellaneous
CHAPTER 5--Review of decisions
PART 5-1--INTERNAL REVIEW OF DECISIONS
Division 1--Guide to this Part
- 202 Guide to this Part
Division 2--Internal review of decisions
- 203 Internal review--own - initiative review by Secretary
- 204 Internal review--own - initiative review and tribunal review
- 205 Internal review--review following application
- 206 Internal review--application for review of claimant decision
- 207 Internal review--application for review of employer determination decision
- 208 Internal review--application for review of employer funding amount decision
- 209 Internal review--withdrawal of application
- 210 Internal review--when decision made on review comes into force
- 211 Internal review--notice of decision on review of claimant decision
- 212 Internal review--notice of decision relating to employer
PART 5-2--AAT FIRST REVIEW OF CERTAIN DECISIONS
Division 1--Guide to this Part
- 213 Guide to this Part
Division 2--AAT first review of claimant decisions
- 215 Application of this Division
- 216 AAT first review of claimant decision--application for review
Division 3--AAT first review of employer decisions
- 223 Application of this Division
- 224 AAT first review of employer decision--application for review
Division 4--Other matters relating to AAT first reviews
- 224A Person who made the decision
- 225 Operation and implementation of decision under AAT first review
- 226 Variation of original decision after application is made for AAT first review
- 227 Procedure on receipt of application for AAT first review
- 230 AAT's power to obtain information for AAT first review
- 231 AAT may require Secretary to obtain information for AAT first review
- 232 Hearing of AAT first review in private
- 233 Costs of AAT first review
- 234 When AAT decision on AAT first review comes into force
- 235 Notification of decisions and reasons for AAT first review
PART 5-3--AAT SECOND REVIEW OF CLAIMANT DECISIONS
Division 1--Guide to this Part
- 236 Guide to this Part
Division 2--Applications for AAT second review
- 237 Applications for AAT second review
Division 3--Matters relating to AAT second review
- 238 Application of this Division
- 240 Parties to an AAT second review
- 241 Operation and implementation of the AAT decision on AAT second review
- 242 Variation of original decision after application is made for AAT second review
- 243 Failure of party to appear
PART 5-4--OTHER MATTERS RELATING TO REVIEW
Division 1--Guide to this Part
- 270 Guide to this Part
Division 2--Other matters relating to review
- 271 Authorised review officers
- 272 Review body may determine events to have happened, or not to have happened
- 273 Certain income test determinations not to be changed on review
- 273A Settlement of proceedings before the AAT
CHAPTER 6--Miscellaneous
PART 6-1--HOW THIS ACT APPLIES IN PARTICULAR CIRCUMSTANCES
Division 1--Guide to this Part
- 274 Guide to this Part
Division 2--How this Act applies to an adopted child
Division 3--How this Act applies to claims made in exceptional circumstances and other cases
- 276 How this Act applies to claims made in exceptional circumstances
- 277 Caring for a child when a child is stillborn or dies
Division 4--How this Act applies to Commonwealth employment
Division 5--Loss of parental leave pay for persons on security grounds
- 278A Simplified outline of this Division
- 278B Loss of parental leave pay for persons on security grounds
- 278C Security notice from Home Affairs Minister
- 278D Notice from Foreign Affairs Minister
- 278F Copy of security notice to be given to Secretaries
- 278G Period security notice is in force
- 278GA Annual review of security notice
- 278H Revoking a security notice
- 278J Notices may contain personal information
- 278K Decisions under Division not decisions of officers
- 278L Notices not legislative instruments
PART 6-2--NOMINEES
Division 1--Guide to this Part
- 279 Guide to this Part
Division 2--Appointment of nominees
- 280 Appointment of payment nominee
- 281 Appointment of correspondence nominee
- 282 Provisions relating to appointments
- 283 Suspension and cancellation of nominee appointments
Division 3--Payment to payment nominee
- 284 Payment of instalments to payment nominee
Division 4--Functions and responsibilities of nominees
- 285 Actions of correspondence nominee on behalf of principal
- 286 Giving of notices to correspondence nominee
- 287 Compliance by correspondence nominee
- 288 Nominee to inform Department of matters affecting ability to act as nominee
- 289 Statement by payment nominee regarding disposal of money
Division 5--Other matters relating to nominees
- 290 Protection of principal against liability for actions of nominee
- 291 Protection of nominee against criminal liability
- 292 Duty of nominee to principal
- 293 Saving of Secretary's powers of revocation
- 294 Saving of Secretary's powers to give notices to principal
- 295 Notification of nominee where notice given to principal
- 296 Right of nominee to attend with principal
PART 6-3--OTHER MATTERS
Division 1--Guide to this Part
- 297 Guide to this Part
Division 2--The Paid Parental Leave Rules
Division 3--Jurisdiction of courts
- 300 Jurisdiction of Federal Court
- 301 Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)