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PAID PARENTAL LEAVE ACT 2010 (NO. 104, 2010)

Table of Provisions

CHAPTER 1--Introduction

 

PART 1-1--INTRODUCTION

Division 1--Preliminary

  • 1 Short title  
  • 2 Commencement  
  • 3 Act binds Crown  

Division 1A--Object of this Act

PART 1-2--DEFINITIONS

  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

  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

  Guide to this Part
  • 12 Guide to this Part  

Division 2--Determinations about whether parental leave pay is payable to a person

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 The person etc. has already been paid parental leave pay  

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

PART 2-3--ELIGIBILITY FOR PARENTAL LEAVE PAY

  Guide to this Part
  • 30 Guide to this Part  

Division 2--When a person is eligible for parental leave pay

Division 3--The work test

Division 4--The income test

Subdivision A--The income test

Division 5--The Australian residency test

Division 6--Primary carer

Division 7--Return to work

PART 2-4--CLAIMS FOR PARENTAL LEAVE PAY

  Guide to this Part
  • 51 Guide to this Part  

Division 2--Claims for parental leave pay

CHAPTER 3--Payment of parental leave pay

 

PART 3-1--INSTALMENTS OF PARENTAL LEAVE PAY

  Guide to this Part
  • 62 Guide to this Part  

Division 2--Instalments of parental leave pay

PART 3-2--PAYMENT OF INSTALMENTS BY EMPLOYER

  Guide to this Part
  • 71 Guide to this Part  

Division 2--Payment of instalments by employer

Division 3--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

  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

  Guide to this Part
  • 90 Guide to this Part  

Division 2--General rules relevant to paying instalments

PART 3-5--EMPLOYER DETERMINATIONS

  Guide to this Part
  • 100 Guide to this Part  

Division 2--Making employer determinations

Division 3--When an employer determination is in force

Division 4--Election by employer to pay instalments

Division 5--Notice of decisions

CHAPTER 4--Compliance and enforcement

 

PART 4-1--INFORMATION GATHERING

  Guide to this Part
  • 116 Guide to this Part  
  • Subdivision A--of Division 2 allows the Secretary to require a person to give certain information or produce certain documents that are relevant to this Act. Subdivision B--of Division 2 deals with tax file numbers and the purposes for which tax file numbers may be used. Subdivision C--of Division 2 imposes an obligation on a person to whom instalments of parental leave pay are payable to notify the Secretary of a change of circumstances.

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

Division 4--Offences against Parts 7

PART 4-2--COMPLIANCE

  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

Division 4--Compliance notices

Division 5--Infringement notices

PART 4-3--DEBT RECOVERY

  Guide to this Part
  • 164 Guide to this Part  

Division 2--Main debts recoverable under this Act

Division 3--Parental leave pay recoverable by employees from employers

Division 4--Debt notices and interest on debts

Division 5--How the Commonwealth can recover debts

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 8--Miscellaneous

  • 201 Overseas application of debts  
  •  

CHAPTER 5--Review of decisions

 

PART 5-1--INTERNAL REVIEW OF DECISIONS

  Guide to this Part
  • 202 Guide to this Part  

Division 2--Internal review of decisions

PART 5-2--REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL

  Guide to this Part

Division 2--Review by SSAT of claimant decisions

Division 3--Review by SSAT of employer decisions

PART 5-3--PROCEDURES FOR REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL

  Guide to this Part
  • 231 Guide to this Part  

Division 2--Preliminary procedures

  • 232 Procedure on receipt of application for review by SSAT  
  • 233 Parties to be given statements about the decision under review  
  • 234 Arrangements for hearing of application  
  • 235 Notice of application to person affected by SSAT reviewable claimant decision  

Division 3--Submissions from parties other than PPL agency heads

Division 4--Submissions from PPL agency heads

Division 5--Other evidence provisions

  • 241 Evidence on oath or affirmation  
  • 242 Provision of further information by Secretary  
  • 243 Exercise by Secretary of information-gathering powers  
  • 244 Power to obtain information  

Division 6--Pre-hearing conferences

  • 245 Pre-hearing conferences  
  • 246 Powers of SSAT if parties reach agreement  

Division 7--The hearing

  • 247 Hearing procedure  
  • 248 Hearing in private  
  • 249 Restrictions on disclosure of information obtained at hearing  

Division 8--Other procedural matters

  • 250 Adjournment of SSAT hearings  
  • 251 Withdrawal of application for review  
  • 252 Dismissal of an application  
  • 253 Presiding member at SSAT hearing  
  • 254 Decision of questions before SSAT  
  • 255 Directions as to procedure for hearings  
  • 256 Costs of review  

Division 9--Notice of decisions

Division 10--Correction of errors in decisions or statements of reasons

  • 258 Correction of errors in decisions or statements of reasons  

Division 11--Appeals and references of questions of law from the SSAT to the Federal Court

PART 5-4--REVIEW OF CLAIMANT DECISIONS BY THE ADMINISTRATIVE APPEALS TRIBUNAL

  Guide to this Part
  • 260 Guide to this Part  

Division 2--Right to review by AAT

  • 261 Review of decisions by AAT  
  • 262 Variation of decision under section 261 before AAT review completed  
  • 263 Settlement of proceedings before the AAT  

Division 3--Modification of AAT Act in relation to section 261 review applications

  • 264 Notice of application for review  
  • 265 Parties to a review by the AAT  
  • 266 Lodgment of documents with the AAT  
  • 267 Power of AAT to obtain additional information  
  • 268 Operation and implementation of the decision under review  
  • 269 Failure of party to appear  

PART 5-5--OTHER MATTERS RELATING TO REVIEW

  Guide to this Part
  • 270 Guide to this Part  

Division 2--Other matters relating to review

CHAPTER 6--Miscellaneous

 

PART 6-1--HOW THIS ACT APPLIES IN PARTICULAR CIRCUMSTANCES

  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

Division 4--How this Act applies to Commonwealth employment

  • 278 How this Act applies to Commonwealth employment  

PART 6-2--NOMINEES

  Guide to this Part
  • 279 Guide to this Part  

Division 2--Appointment of nominees

Division 3--Payment of instalments to payment nominee

Division 4--Functions and responsibilities of nominees

Division 5--Other matters relating to nominees

PART 6-3--OTHER MATTERS

  Guide to this Part
  • 297 Guide to this Part  

Division 2--The Paid Parental Leave Rules

Division 3--Jurisdiction of courts

Division 4--Other matters

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