PAID PARENTAL LEAVE ACT 2010 - SECT 169 Wrong person receives parental leave pay instalment or PPL funding amount

PAID PARENTAL LEAVE ACT 2010 - SECT 169

  (1)   This section applies if:

  (a)   an instalment or a PPL funding amount (the PPL payment ) is paid by the Secretary or an employer; and

  (b)   a person (the wrong recipient ) other than the person (the right recipient ) to whom the PPL payment is payable receives the PPL payment (or a part of it); and

  (c)   the wrong recipient is not authorised by the right recipient, or authorised under law, to receive the PPL payment (or that part).

  (2)   An amount equal to the PPL payment (or that part of the PPL payment), is a debt due by the wrong recipient to:

  (a)   if the PPL payment is made by the Secretary--the Commonwealth; or

  (b)   if the PPL payment is made by an employer--the employer.

Note 1:   Because the PPL payment (or part) has not been properly paid to the right recipient, the Secretary or the employer must repay to the right recipient the amount of the PPL payment that ought to have been paid to the right recipient in the first place.

Note 2:   The Secretary may recover a debt due to the Commonwealth under this section from an ADI (see section   192).