Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (116 of 2014)
Schedule 2 Stopping welfare payments
Part 1 Main amendments
Paid Parental Leave Act 2010
4 At the end of Part 6-1
Add:
Division 5 - Loss of parental leave pay or dad and partner pay for persons on security grounds
278A Simplified outline of this Division
Persons who might prejudice the security of Australia or a foreign country may lose parental leave pay or dad and partner pay.
278B Loss of parental leave pay or dad and partner pay for persons on security grounds
(1) If a security notice is given to the Minister in relation to a person, then while the notice is in force:
(a) no parental leave pay or dad and partner pay is to be paid to the person; and
(b) the person is not eligible for parental leave pay or dad and partner pay; and
(c) parental leave pay or dad and partner pay is not payable to the person.
Note: A security notice is a notice under section 278C.
(2) If:
(a) a security notice is given to the Minister in relation to a person; and
(b) a payability determination that parental leave pay or dad and partner pay is payable to the person is in force at the end of the day (the relevant day ) before the day the notice is given; and
(c) the day the notice is given is in the person’s PPL period, or DAPP period, that is specified in that determination;
then that determination is taken to be varied so that the person’s PPL period or DAPP period, as the case requires, ends at the end of the relevant day.
(3) If a security notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force:
(a) the person is not eligible for parental leave pay or dad and partner pay; and
(b) parental leave pay or dad and partner pay is not payable to the person.
(4) Subsections (1) to (3) have effect despite any other provision of this Act.
(5) If a payability determination for a person is varied by subsection (2), the Secretary must cause reasonable steps to be taken to notify the person of the variation.
278C Security notice from Attorney-General
(1) The Attorney-General may give the Minister a written notice requiring that this Division apply in relation to a specified person if:
(a) the Foreign Affairs Minister gives the Attorney-General a notice under section 278D in relation to the person; or
(b) the Immigration Minister gives the Attorney-General a notice under section 278E in relation to the person.
(2) Before giving a notice under this section, the Attorney-General must have regard to the following:
(a) the extent (if any) that any payments of parental leave pay or dad and partner pay of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney-General is aware of that extent;
(b) the likely effect of the operation of section 278B on the person’s dependants, if the Attorney-General is aware of those dependants.
(3) The Attorney-General’s Secretary must:
(a) seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and
(b) inform the Attorney-General of that advice.
(4) Subsection (2) does not limit the matters to which regard may be had.
278D Notice from Foreign Affairs Minister
If:
(a) either:
(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian passport; or
(ii) under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian passport; and
(b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and
(c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;
the Foreign Affairs Minister may give the Attorney-General a written notice setting out those matters.
278E Notice from Immigration Minister
If:
(a) the Immigration Minister cancels a person’s visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
(b) the Immigration Minister cancels a person’s visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or
(c) the Immigration Minister cancels a person’s visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
the Immigration Minister may give the Attorney-General a written notice setting out those matters.
278F Copy of security notice to be given to Secretaries
The Minister must give a copy of a security notice to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
278G Period security notice is in force
A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
278GA Annual review of security notice
Before the end of the following periods, the Attorney-General must consider whether to revoke a security notice (if it has not already been revoked):
(a) 12 months after it came into force;
(b) 12 months after the Attorney-General last considered whether to revoke it.
278H Revoking a security notice
(1) The Attorney-General may, by written notice given to the Minister, revoke a security notice.
(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection (1) to:
(a) the Secretary of the Department; and
(b) the Secretary of the Human Services Department.
(4) If:
(a) a payability determination for a person is varied by subsection 278B(2); and
(b) the Attorney-General revokes the security notice concerned;
the Secretary of the Department must cause reasonable steps to be taken to notify the person of the revocation.
278J Notices may contain personal information
A notice under this Division in relation to a person may contain personal information (within the meaning of the Privacy Act 1988) about the person.
278K Decisions under Division not decisions of officers
For the purposes of Chapter 5, a decision under this Division is taken not to be a decision of an officer under this Act.
278L Notices not legislative instruments
A notice under this Division is not a legislative instrument.