Paid Parental Leave Amendment (Flexibility Measures) Act 2020 (53 of 2020)

Schedule 2   Transitional, application and saving provisions

2   Pre-commencement day claims for parental leave pay

(1) The amendments of the PPL Act made by Schedule 1 to this Act do not apply in relation to a claim for parental leave pay for a child made before the commencement day.

(2) However, if the claim (the pre-commencement claim ) is an effective claim and relates to a child born on or after the commencement day, the Secretary may determine that the pre-commencement claim is to be taken, on and after the day on which the child is born, to be any one or more of the following as appropriate in all the circumstances:

(a) an effective claim for parental leave pay in relation to the maximum PPL period for the child that was made under the PPL Act, as amended by Schedule 1 to this Act;

(b) an effective claim for parental leave pay for one or more flexible PPL days for the child:

(i) that was made under the PPL Act, as amended by Schedule 1 to this Act; and

(ii) that specified the flexible PPL days for the child determined by the Secretary.

(3) If:

(a) the Secretary determines under subitem (2) that a pre-commencement claim is to be taken to be an effective claim (the flexible PPL claim ) of a kind mentioned in paragraph (2)(b); and

(b) the claimant is the secondary claimant for the child;

paragraphs 17B(2)(a) to (c) of the PPL Act, as amended by Schedule 1 to this Act, are to be disregarded for the purposes of the Secretary making a payability determination under section 17B on the flexible PPL claim.

(4) The rules may make other provision for, or in relation to, a pre-commencement claim in relation to which a determination under subitem (2) has been made.

(5) The following provisions of the PPL Act, as in force on the commencement day, apply in relation to this item as if it were a provision of that Act:

(a) section 275 (which deals with how that Act applies to an adopted child);

(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).