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

Schedule 3   Application, savings and transitional provisions

2   Application of amendments to claims

Pre-commencement claim - child born before commencement

(1) Despite the amendments made by this Act, the old law continues to apply on and after the commencement day in relation to a claim for parental leave pay or dad and partner pay for a child if:

(a) the claim was made before the commencement day; and

(b) the child was born before that day.

Pre-commencement claim - unborn child with expected date of birth before 1 July 2023

(2) Despite the amendments made by this Act, the old law continues to apply on and after the commencement day in relation to a claim for parental leave pay or dad and partner pay for a child if:

(a) the claim was made before the commencement day; and

(b) the child was not born at the time of the claim; and

(c) the expected date of birth of the child is before 1 July 2023.

(3) However, if on 1 July 2023 a child in respect of whom a claim referred to in subitem (2) has been made has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.

Transition period claim - child born before claim is made

(4) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay for a child may be made during the transition period in relation to a child born before 1 July 2023, and the old law continues to apply to the claim as if those amendments had not been made.

Transition period claim - unborn child with expected date of birth before 1 July 2023

(5) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay for a child may be made during the transition period, and the old law continues to apply to the claim as if those amendments had not been made, if:

(a) the child has not been born at the time of the claim; and

(b) the expected date of birth of the child is before 1 July 2023.

(6) However, if on 1 July 2023 a child in respect of whom a claim referred to in subitem (5) has been made has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.

Transition period claim - unborn child with expected date of birth on or after 1 July 2023

(7) The new law applies in relation to a claim for parental leave pay made during the transition period for a child if:

(a) the child has not been born at the time of the claim; and

(b) the expected date of birth of the child is on or after 1 July 2023.

(8) Despite section 54 of the PPL Act, as amended by Schedule 1 to this Act, until the earlier of the date of birth of the child and 1 July 2023, a claim referred to in subitem (7) may be made only by the following persons:

(a) the birth mother of the child;

(b) an adoptive parent of the child, if no payability determination that parental leave pay for the child is payable has previously been made in respect of another person.

(9) However, if a child in respect of whom a claim referred to in subitem (7) has been made is born before 1 July 2023, then on and after that day the claim is taken to be a claim for parental leave pay under the old law, and the old law applies in relation to the claim on and after that day.

Post 1 July 2023 claim - child born before 1 July 2023

(10) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay may be made on or after 1 July 2023 in relation to a child born before 1 July 2023, and the old law continues to apply to the claim as if those amendments had not been made.

Post 1 July 2023 claim - child born on or after 1 July 2023

(11) The new law applies in relation to a claim for parental leave pay made on or after 1 July 2023 for a child if:

(a) the child is born at the time of the claim; and

(b) the child was born on or after 1 July 2023.

Post 1 July 2023 claim - unborn child

(12) The new law applies in relation to a claim for parental leave pay made on or after 1 July 2023 for a child if the child has not been born at the time the claim is made.