PAID PARENTAL LEAVE ACT 2010 (NO. 104, 2010)
Table of Provisions
CHAPTER 1--Introduction
PART 1-1--INTRODUCTION
Division 1--Preliminary
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
- 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 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
- 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
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
- 36 When there is a permissible break
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
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
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
- 70 No other deductions
PART 3-2--PAYMENT OF INSTALMENTS BY EMPLOYER
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
- 78 PPL funding amounts not public money
- 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
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
- 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
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
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
- 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
- 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 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
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
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
- 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 Debt notices--initial notice
- 174 Debt notices--further debt notice if repayments not made
- 175 Interest on debts--when interest becomes payable
- 176 Interest on debts--application
- 177 Interest on debts--recovery as a debt
- 178 Interest exemption determinations
- 179 Administrative charge
- 180 Penalty interest rate
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
- 189 Legal proceedings and garnishee notices--time limits for debt recovery
- 190 Payment of debts by arrangement
- 191 Deductions from instalments payable to another person
- 192 Recovery from an ADI
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
- 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--REVIEW BY THE SOCIAL SECURITY APPEALS TRIBUNAL
Guide to this PartDivision 2--Review by SSAT of claimant decisions
- 215 Application of this Division
- 216 SSAT review of claimant decision--application for review
- 217 SSAT review of claimant decision--making of application
- 218 SSAT review of claimant decision--review following application
- 219 SSAT review of claimant decision--powers of the SSAT
- 220 SSAT review of claimant decision--when SSAT decision comes into force
- 221 SSAT review of claimant decision--variation of decision before review completed
- 222 SSAT review of claimant decision--parties to review
Division 3--Review by SSAT of employer decisions
- 223 Application of this Division
- 224 SSAT review of employer decision--application for review
- 225 SSAT review of employer decision--making of application
- 226 SSAT review of employer decision--review following application
- 227 SSAT review of employer decision--powers of the SSAT
- 228 SSAT review of employer decision--when SSAT decision comes into force
- 229 SSAT review of employer decision--variation of decision before review completed
- 230 SSAT review of employer decision--parties to review
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
- 236 Division does not apply in relation to PPL agency heads
- 237 Submissions to SSAT
- 238 SSAT hearings on written submissions only
- 239 SSAT hearings without oral submissions by party
Division 4--Submissions from PPL agency heads
- 240 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
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
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
- 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
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
- 276 How this Act applies to claims made in exceptional circumstances
- 277 Primary carers when a child is stillborn or dies
Division 4--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
- 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 of instalments 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
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 Magistrates Court