Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Division —
adoption , in relation to a child, is a reference
to a child who —
(a) is
not the child or the step-child of the employee or the employee’s spouse
or de facto partner;
(b) is
less than 5 years of age; and
(c) has
not lived continuously with the employee for 6 months or longer;
employee does not include a casual employee who is
not eligible as described in subsection (2) or (3);
expected date of birth means the day certified by
a medical practitioner to be the day on which the medical practitioner expects
the employee or the employee’s spouse or de facto partner, as the case
may be, to give birth to a child;
parental leave means leave provided for by
section 33(1).
(2) A casual employee
is eligible if the employee —
(a) has
been engaged by a particular employer on a regular and systematic basis for a
sequence of periods of employment during a period of at least 12 months;
and
(b) but
for an expected birth of a child to the employee or the employee’s
spouse or de facto partner or an expected placement of a child with the
employee with a view to the adoption of the child by the employee, would have
a reasonable expectation of continuing engagement by the employer on a regular
and systematic basis.
(3) Without limiting
subsection (2), a casual employee is also eligible if —
(a) the
employee was engaged by a particular employer on a regular and systematic
basis for a sequence of periods during a period (the first period of
employment ) of less than 12 months;
(b) at
the end of the first period of employment, the employee ceased, on the
employer’s initiative, to be so engaged by the employer;
(c) the
employer later again engaged the employee on a regular and systematic basis
for a further sequence of periods during a period (the second period of
employment ) that started not more than 3 months after the end of the
first period of employment;
(d) the
combined length of the first period of employment and the second period of
employment is at least 12 months; and
(e) the
employee, but for an expected birth of a child to the employee or the
employee’s spouse or de facto partner or an expected placement of a
child with the employee with a view to the adoption of the child by the
employee, would have a reasonable expectation of continuing engagement by the
employer on a regular and systematic basis.
[Section 32 amended by No. 20 of 2002
s. 22(6); No. 28 of 2003 s. 147; No. 36 of 2006 s. 36;
amended in Gazette 15 Aug 2003 p. 3688.]