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PAID PARENTAL LEAVE ACT 2010


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1-1--INTRODUCTION

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
   3.      Act binds Crown  
   3AA.    Norfolk Island  

           Division 1A--Objects of this Act

   3A.     Objects of this Act  

           Division 2--Guide to this Act

   4.      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 2--When parental leave pay is payable to a person

   8.      A determination must be made for parental leave pay to be payable to a person  
   9.      For the determination to be made, the person must be eligible  
   10.     For the determination to be made, the person must claim  
   11.     The determination must specify the person's PPL period  

   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--Determinations about whether parental leave pay is payable to a person

   13.     Determination on a primary claim made alone  
   14.     Determination on primary and secondary claims made jointly--claimants sharing parental leave pay  
   15.     Determination on primary and secondary claims made jointly--secondary claimant to get all the parental leave pay  
   16.     Determination on a secondary claim made after the primary claim  
   17.     Determination on a tertiary claim  

           Division 3--When the Secretary cannot make a determination that parental leave pay is payable

   18.     The child's birth has not been verified  
   19.     The child was born before 1 January 2011  
   20.     Multiple births  
   21.     Parental leave pay is already payable to the person etc.  

           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

   26.     Initial eligibility determinations  
   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

   31.     When a person is eligible for parental leave pay  

           Division 3--The work test

   32.     When a person satisfies the work test  
   33.     The work test period  
   34.     When a person performs qualifying work  
   35.     When a person performs paid work  
   35A.    Hours of qualifying work on a day in a PPL or DAPP period  
   36.     When there is a permissible break  
   36A.    Premature birth or pregnancy-related complications or illness  
   36B.    Claimant for parental leave pay who is already eligible for dad and partner pay  

           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 PPL income limit  
   41.     The PPL income limit  

              Subdivision B--Indexation of the PPL income limit

   42.     Indexation of the PPL income limit  
   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--Primary carer

   47.     When a person is the primary carer of a child  

           Division 7--Return to work

   48.     When a person returns to work  
   49.     When paid work is for a permissible purpose  
   50.     Performing paid work on a keeping in touch day  

   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 primary claim, secondary claim or tertiary claim  
   55.     When a claim is effective  
   56.     Requirements of the claim  
   57.     Nominated start date  
   58.     Expected date of birth and expected day of primary care  
   59.     Tax file number statement  
   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  
   70.     No other deductions  

   PART 3-2--PAYMENT OF INSTALMENTS BY EMPLOYER

           Division 1--Guide to this Part

   71.     Guide to this Part  

           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 PPL 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 PPL period  
   92.     Effect of extending PPL 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.     PPL period 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 3A--Dad and partner pay
            

   PART 3A-1--KEY PROVISIONS

           Division 1--Guide to this Part

   115AA.  Guide to this Part  

           Division 2--When dad and partner pay is payable to a person

   115AB.  A determination must be made for dad and partner pay to be payable to a person  
   115AC.  For the determination to be made, the person must be eligible  
   115AD.  For the determination to be made, the person must claim  
   115AE.  The determination must specify the person's DAPP period  

   PART 3A-2--DETERMINATIONS ABOUT WHETHER DAD AND PARTNER PAY IS PAYABLE TO A PERSON

           Division 1--Guide to this Part

   115BA.  Guide to this Part  

           Division 2--Determinations about whether dad and partner pay is payable to a person

   115BB.  Determination on a claim for dad and partner pay  

           Division 3--When the Secretary cannot make a determination that dad and partner pay is payable

   115BC.  The child's birth has not been verified  
   115BD.  The child was born before 1 January 2013  
   115BE.  Multiple births  
   115BF.  Dad and partner pay is already payable to the person etc.  

           Division 4--General provisions applying to determinations about whether dad and partner pay is payable

   115BG.  Assumptions when making the determination  
   115BH.  When the determination is in force  
   115BJ.  Notice of the determination  
   115BK.  Revoking the determination on request  

           Division 5--Initial eligibility determinations about dad and partner pay

   115BL.  Initial eligibility determinations  
   115BM.  Assumptions when making the initial eligibility determination  
   115BN.  When the initial eligibility determination comes into force  
   115BP.  Notice of the initial eligibility determination  

   PART 3A-3--ELIGIBILITY FOR DAD AND PARTNER PAY

           Division 1--Guide to this Part

   115CA.  Guide to this Part  

           Division 2--When a DAPP claimant is eligible for dad and partner pay

   115CB.  When a DAPP claimant is eligible for dad and partner pay  

           Division 3--Applying the work test to claimants for dad and partner pay

   115CC.  When a DAPP claimant satisfies the work test  
   115CD.  The work test period  
   115CE.  Premature birth  
   115CF.  DAPP claimant who is already eligible for parental leave pay  

           Division 4--Applying the income test to claimants for dad and partner pay

   115CG.  When a DAPP claimant satisfies the income test  
   115CH.  The reference income year  
   115CJ.  The relevant PPL income limit  

           Division 5--Applying the Australian residency test to claimants for dad and partner pay

   115CK.  When a DAPP claimant satisfies the Australian residency test  

           Division 6--Caring for a child

   115CL.  When a DAPP claimant is caring for a child  

           Division 7--Not working

   115CM.  When a DAPP claimant is not working  

   PART 3A-4--CLAIMS FOR DAD AND PARTNER PAY

           Division 1--Guide to this Part

   115DA.  Guide to this Part  

           Division 2--Claims for dad and partner pay

   115DB.  Who can claim  
   115DC.  Form of claim  
   115DD.  Who can make a claim for dad and partner pay  
   115DE.  When a claim is effective  
   115DF.  Requirements of the claim  
   115DG.  Nominated start date  
   115DH.  Expected or actual date of birth  
   115DJ.  Tax file number statement  
   115DK.  When to claim  
   115DL.  Claim may be withdrawn or varied  

   PART 3A-5--PAYMENT OF DAD AND PARTNER PAY

           Division 1--Guide to this Part

   115EA.  Guide to this Part  

           Division 2--Payment of dad and partner pay

   115EB.  Payment of dad and partner pay  
   115EC.  Amount of dad and partner pay  
   115ED.  Method of payment of dad and partner pay  
   115EE.  Giving person record of payment  
   115EF.  Effect of extending DAPP period after review  
   115EG.  Protection of payment  
   115EH.  Deductions for PAYG withholding  
   115EI.  Deductions to avoid overpayment of income support payment  
   115EJ.  No other deductions  
   115EK.  Effect of garnishee etc. order  
   115EL.  Exemption from operation of workers' compensation and accident compensation laws  
   115EM.  DAPP period is not a period of paid leave  
            

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

   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.    Obligations not affected by State or Territory laws  
   122.    Offence--failure to comply with requirement  

              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

   133.    Repayment of instalment of parental leave pay, PPL funding amount or dad and partner pay  
   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

   145.    Involvement in contravention treated in same way as actual contravention  
   146.    Civil penalty provisions  
   147.    Civil penalty orders  
   148.    Proceedings may be heard together  
   149.    Time limit for application for an order  
   150.    Civil evidence and procedure rules for civil penalty orders  
   151.    Conduct contravening more than one civil penalty provision  
   152.    Civil proceedings after criminal proceedings  
   153.    Criminal proceedings during civil proceedings  
   154.    Criminal proceedings after civil proceedings  
   155.    Evidence given in proceedings for penalty not admissible in criminal proceedings  
   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.    Giving an infringement notice  
   160.    Withdrawal of an infringement notice  
   161.    What happens if the penalty is paid  
   162.    Effect of this Division on civil proceedings  
   163.    Further provision in relation to 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 Secretary  
   168.    PPL funding amount debts--amounts not paid as parental leave pay instalments  
   168A.   Dad and partner pay debts  
   169.    Wrong person receives parental leave pay instalment, PPL funding amount or dad and partner pay  
   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  
   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

   201.    Overseas application of debts  
   201A.   Debts arising from civil penalty orders  
            

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  
   228.    AAT summons power for AAT first review  
   229.    Secretary to provide further information 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

   275.    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.    Primary carers when a child is stillborn or dies  

           Division 3A--How this Act applies to claims for dad and partner pay made in prescribed circumstances

   277A.   How this Act applies to claims for dad and partner pay made in prescribed circumstances  

           Division 4--How this Act applies to Commonwealth employment

   278.    How this Act applies to Commonwealth employment  

           Division 5--Loss of parental leave pay or dad and partner pay for persons on security grounds

   278A.   Simplified outline of this Division  
   278B.   Loss of parental leave pay or dad and partner pay for persons on security grounds  
   278C.   Security notice from Attorney-General  
   278D.   Notice from Foreign Affairs Minister  
   278E.   Notice from Immigration 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  
   284A.   Payment of dad and partner pay 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

   298.    The PPL rules  
   299.    Extension of Act to persons who are not employees and employers  

           Division 3--Jurisdiction of courts

   300.    Jurisdiction of Federal Court  
   301.    Jurisdiction of Federal Circuit Court  

           Division 4--Other matters

   302.    General administration  
   303.    Delegation  
   304.    Decisions to be in writing  
   305.    Secretary may arrange for use of computer programs to make decisions  
   306.    Notice of decisions  
   307.    Appropriation  
   307A.   Review of the operation of this Act  
   308.    Regulations  


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