Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 (168 of 2018)

Schedule 4   Paid parental leave amendments

Paid Parental Leave Act 2010

5   At the end of Division 2 of Part 3A-3

Add:

115CBA Newly arrived resident's waiting period

When person subject to newly arrived resident's waiting period

(1) Subject to this section, a person is subject to a newly arrived resident's waiting period if, on or after the commencement of this subsection, the person:

(a) becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; or

(b) becomes the holder of a permanent visa, except:

(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(iii) a visa of a kind determined in an instrument under subsection (1A).

(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).

(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).

Length of waiting period

(2) If:

(a) a person is subject to a newly arrived resident's waiting period; and

(b) the visa covered by paragraph (1)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act 1991; and

(c) subsection (3) does not apply;

the waiting period:

(d) starts on the day on which the person applied for that visa; and

(e) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

(3) If:

(a) a person is subject to a newly arrived resident's waiting period; and

(b) the person has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act 1991;

the waiting period:

(c) starts on the day on which the person applied for the last of those visas; and

(d) ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

(4) If:

(a) a person is subject to a newly arrived resident's waiting period; and

(b) neither subsection (2) nor (3) applies to the person;

the waiting period starts on the day on which the person:

(c) first entered Australia; or

(d) becomes the holder of a permanent visa;

whichever occurs last, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

Exemptions

(5) Subsection (1) does not apply to a person if, on the day before the day that would be the start of the person's DAPP period if a payability determination were made:

(a) the person is receiving a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or

(b) the person is receiving farm household allowance under the Farm Household Support Act 2014.

(6) Subsection 115CB(9) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.

(7) Subsection 115CB(9) does not apply to a person in respect of a day (the assessment day ) in the newly arrived resident's waiting period for the person if:

(a) on the assessment day the person is a refugee or a former refugee; or

(b) the following apply:

(i) the person was a family member of another person at the time the other person became a refugee before the assessment day;

(ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen on the assessment day; or

(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

(8) For the purposes of subsection (7):

(a) family member has the meaning given by subsection 7(6D) of the Social Security Act 1991; and

(b) former refugee has the meaning given by subsection 7(1) of the Social Security Act 1991; and

(c) refugee has the meaning given by subsection 7(6B) of the Social Security Act 1991.