Paid Parental Leave Amendment (Flexibility Measures) Act 2020 (53 of 2020)
Schedule 1 Flexible paid parental leave
Paid Parental Leave Act 2010
76 After Division 2 of Part 2-2
Insert:
Division 2A - Determination about whether parental leave pay for a flexible PPL day is payable to a person
17A Determination on a primary claim
When a claim is to be determined under this section
(1) If:
(a) a primary claimant has made an effective primary claim for parental leave pay for a child; and
(b) one or more flexible PPL days for the child (the claimed days ) have been specified in the claim;
the Secretary must make a determination on the primary claim under this section.
When parental leave pay is payable to the primary claimant for one or more claimed days
(2) The Secretary must determine that parental leave pay is payable to the primary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that the primary claimant was or will be eligible for parental leave pay on those days.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
(3) The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the primary claimant.
When parental leave pay is not payable to the primary claimant for one or more claimed days
(4) If the Secretary is not satisfied of the matter in subsection (2) for one or more of the claimed days, the Secretary must:
(a) determine that parental leave pay is not payable to the primary claimant for those days; and
(b) if:
(i) the primary claimant has not previously satisfied the work and income tests in relation to the child; and
(ii) the Secretary is satisfied that the primary claimant satisfies the work test and income test on the day the determination is made;
determine that the primary claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
(5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the primary claimant.
17B Determination on a secondary claim
When a claim is to be determined under this section
(1) If:
(a) a secondary claimant has made an effective secondary claim for parental leave pay for a child; and
(b) one or more flexible PPL days for the child (the claimed days ) have been specified in the claim;
the Secretary must make a determination on the secondary claim under this section.
When parental leave pay is payable to a secondary claimant for one or more claimed days
(2) The Secretary must determine that parental leave pay is payable to the secondary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
(a) the primary claimant for the child has given a permission under section 17D in relation to the child; and
(b) the permission has not been revoked; and
(c) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to a person other than the primary claimant would not exceed the number of flexible PPL days specified in the permission; and
(d) the primary claimant:
(i) if the primary claimant has not previously satisfied the work and income tests in relation to the child - satisfies the work test and the income test on the day the determination is made; and
(ii) satisfies the Australian residency test on the day the child was born; and
(iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on that day; and
(e) the secondary claimant was or will be eligible for parental leave pay on those claimed days.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
(3) The Secretary must determine that parental leave pay is payable to the secondary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
(a) the primary claimant for the child:
(i) if the primary claimant has not previously satisfied the work and income tests in relation to the child - satisfies the work test and the income test on the day the determination is made; and
(ii) satisfies the Australian residency test on the day the child was born; and
(iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on that day; and
(b) the secondary claimant:
(i) made the secondary claim in exceptional circumstances; and
(ii) was or will be eligible for parental leave pay on those claimed days.
(4) The Secretary must specify in the determination made under subsection (2) or (3) the claimed days for which parental leave pay is payable to the secondary claimant.
When parental leave pay is not payable to secondary claimant for the claimed days
(5) If the Secretary is not satisfied of the matters in subsection (2) or (3) for one or more of the claimed days, the Secretary must:
(a) determine that parental leave pay is not payable to the secondary claimant for those days; and
(b) if:
(i) the secondary claimant has not previously satisfied the work and income tests in relation to the child; and
(ii) the Secretary is satisfied that the secondary claimant satisfies the work test and income test on the day the determination is made;
determine that the secondary claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.
(6) The Secretary must specify in the determination made under subsection (5) the claimed days for which parental leave pay is not payable to the secondary claimant.
17C Determination on a tertiary claim
When a claim is to be determined under this section
(1) If:
(a) a tertiary claimant has made an effective tertiary claim for parental leave pay for a child; and
(b) one or more flexible PPL days for the child (the claimed days ) have been specified in the claim;
the Secretary must make a determination on the tertiary claim under this section.
When parental leave pay is payable to tertiary claimant for the claimed days
(2) The Secretary must determine that parental leave pay is payable to the tertiary claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:
(a) a payability determination under subsection 14(5), 15(3), 16(3) or 17B(2) or (3) that parental leave pay for the child is payable to a secondary claimant is in force; and
(b) the tertiary claimant was or will be eligible for parental leave pay on those days.
Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.
(3) The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the tertiary claimant.
When parental leave pay is not payable to the tertiary claimant for the claimed days
(4) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must determine that parental leave pay is not payable to the tertiary claimant for those days.
(5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the tertiary claimant.
17D Permission to claim flexible PPL days for a child
Primary claimant may give permission
(1) A primary claimant for a child may give permission for persons to make secondary claims for parental leave pay for flexible PPL days for the child.
(2) The permission must:
(a) be given to the Secretary in the form approved by the Secretary; and
(b) specify the number of flexible PPL days for the child in relation to which a secondary claim may be made.
Note 1: The permission does not need to specify the persons who may make a secondary claim.
Note 2: The permission does not preclude the primary claimant from making a claim for parental leave pay for some or all of the specified number of flexible PPL days for the child.
(3) The number of flexible PPL days for the child specified in the permission must not exceed 30.
Revocation of permission
(4) If a primary claimant has given a permission under subsection (1), the primary claimant may revoke the permission.
(5) The revocation must be given to the Secretary in the form approved by the Secretary.
(6) If:
(a) a payability determination that parental leave pay is payable to a person for one or more flexible PPL days for a child is in force; and
(b) the payability determination was made under subsection 17B(2); and
(c) the permission referred to in that subsection is revoked under subsection (4) of this section;
the revocation of the permission does not affect the operation of the payability determination.