Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023 (4 of 2023)

Schedule 1   Main amendments

Paid Parental Leave Act 2010

2   Section 4

Repeal the section, substitute:

4 Guide to this Act

Overview

This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child.

Parental leave pay is payable to a person for a child for a flexible PPL day for the child. The number of flexible PPL days for the child for which parental leave pay can be paid generally cannot exceed 100.

Parental leave pay is paid in instalments at the daily national minimum wage amount for a day that is a flexible PPL day for the child and for which parental leave pay is payable to the person.

Parental leave pay is paid by either the person's employer (if it is for at least 40 consecutive flexible PPL days for a child that are week days) or the Secretary.

Chapter 2 - When parental leave pay is payable to a person

Chapter 2 sets out when parental leave pay is payable to a person. The key provisions for the Chapter are found in Part 2-1.

A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2-2 has the rules about when the Secretary can make that determination.

The Secretary cannot make that determination if the person is not eligible for parental leave pay. Part 2-3 has the rules about eligibility.

The Secretary also cannot make that determination if the person has not made a claim for parental leave pay. Part 2-4 has the rules about claims.

There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.

Chapter 3 - Payment of parental leave pay

Chapter 3 sets out how parental leave pay is paid to a person.

Part 3-1 is about instalments of parental leave pay. It deals with when instalments must be paid, whether the person's employer or the Secretary must pay them and the amount of the instalments.

Part 3-2 sets out when a person's employer must pay instalments to the person. An employer is required to pay an instalment to a person in relation to a child if:

(a) an employer determination has come into force for the employer and the person; and

(b) the instalment is payable in relation to a flexible PPL day for the child that falls within the person's continuous flexible period for the child (which consists of at least 40 consecutive flexible PPL days for the child that are week days); and

(c) the employer has been paid enough by the Secretary to fund the instalment.

Part 3-3 sets out when the Secretary must pay instalments directly to the person. For instance, the Secretary is required to do that if an employer determination is never made for the person (e.g. the person is a contractor and so does not have an employer). There are some other circumstances in which the Secretary is also required to pay instalments directly to the person (such as when an employer determination is being reviewed or has been revoked).

Part 3-4 has general rules about the payment of instalments (such as what happens when an instalment cannot be paid on the day specified in this Act).

Part 3-5 is about employer determinations. If an employer determination is in force for an employer and a person, the employer must pay instalments to the person. The Secretary must be satisfied that certain conditions have been met before the Secretary can make an employer determination.

Chapter 4 - Compliance and enforcement

Chapter 4 deals with compliance and enforcement.

Part 4-1 allows the Secretary to gather information for the purposes of checking compliance with this Act. It also deals with the confidentiality of personal and protected information.

Part 4-2 deals with other compliance matters. It allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer has not complied with certain obligations under this Act. It also deals with civil penalty provisions, compliance notices and infringement notices.

Part 4-3 provides for debts in relation to the paid parental leave scheme, and for the recovery of debts owing to the Commonwealth.

Chapter 5 - Administrative review of decisions

Chapter 5 is about administrative review of decisions made under this Act.

Part 5-1 allows the Secretary, on the Secretary's own initiative, to conduct an internal review of decisions made under this Act. It also allows a person whose interests are affected by certain types of decisions to seek internal review of those decisions, and an employer to seek internal review of certain types of decisions that affect employers.

Part 5-2 allows a person to apply to the Administrative Appeals Tribunal (AAT) for review of certain decisions made under this Act. This review is called AAT first review.

Part 5-3 allows a person to apply to the AAT for review of certain decisions made by the AAT on AAT first review. This review is called AAT second review.

Part 5-4 has miscellaneous provisions relating to reviews of decisions made under this Act.

Chapter 6 - Miscellaneous

Chapter 6 has miscellaneous provisions.

Part 6-1 has rules that modify this Act so that it applies correctly in 3 limited kinds of cases - adoption, claims made in exceptional circumstances etc. and Commonwealth employment.

Part 6-2 is about payment nominees (who are people who can receive payments of instalments of parental leave pay on behalf of other people for the purposes of this Act) and correspondence nominees (who are people who can receive notices on behalf of other people for the purposes of this Act).

Part 6-3 deals with other miscellaneous matters, such as the PPL rules, delegations and regulations.