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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fairer Paid Parental Leave Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the Paid Parental Leave
Act 2010, and for related purposes
No. , 2016
Fairer Paid Parental Leave Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Adjustment for primary carer pay and other
amendments
4
Part 1--Amendments
4
Paid Parental Leave Act 2010
4
Part 2--Application provisions
35
Schedule 2--Employer opt-in
36
Part 1--Amendments
36
Paid Parental Leave Act 2010
36
Part 2--Contingent amendments
43
Division 1--Amendments if the Regulatory Powers (Standardisation
Reform) Act 2016 does not commence before this Act
43
Paid Parental Leave Act 2010
43
Division 2--Amendments if the Regulatory Powers (Standardisation
Reform) Act 2016 commences before this Act
43
Paid Parental Leave Act 2010
43
Division 3--Amendments contingent on the Regulatory Powers
(Standardisation Reform) Act 2016
43
Paid Parental Leave Act 2010
43
Part 3--Application and transitional provisions
44
No. , 2016
Fairer Paid Parental Leave Bill 2016
1
A Bill for an Act to amend the Paid Parental Leave
1
Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Fairer Paid Parental Leave Act 2016.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Fairer Paid Parental Leave Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
3. Schedule 2,
Part 1
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
4. Schedule 2,
Part 2, Division 1
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
However, the provisions do not commence
at all if Schedule 11 to the Regulatory
Powers (Standardisation Reform) Act 2016
commences at or before that time.
5. Schedule 2,
Part 2, Division 2
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
However, the provisions do not commence
at all if Schedule 11 to the Regulatory
Powers (Standardisation Reform) Act 2016
does not commence at or before that time.
6. Schedule 2,
Part 2, Division 3
Immediately after the commencement of
Schedule 11 to the Regulatory Powers
(Standardisation Reform) Act 2016.
However, the provisions do not commence
at all if that Schedule commences at or
before the commencement of the provisions
covered by table item 3.
7. Schedule 2,
Part 3
The first 1 January, 1 April, 1 July or
1 October to occur after the day this Act
receives the Royal Assent.
No. , 2016
Fairer Paid Parental Leave Bill 2016
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
4
Fairer Paid Parental Leave Bill 2016
No. , 2016
Schedule 1--Adjustment for primary carer pay
1
and other amendments
2
Part 1--Amendments
3
Paid Parental Leave Act 2010
4
1 Section 4
5
Omit:
6
Parental leave pay is paid to a person for a particular period. That
7
period is called the person's PPL period. The maximum period for
8
which any person may be paid parental leave pay is 18 weeks. A
9
person's PPL period may be the full 18 weeks or a lesser period
10
(e.g. where the person is not eligible for parental leave pay for that
11
full period).
12
Parental leave pay is paid in instalments at the national minimum
13
wage for each week day during the person's PPL period. It is paid
14
by either the person's employer or the Secretary.
15
substitute:
16
Parental leave pay is paid to a person for a particular period, or as a
17
lump sum supplement, or both. If it is paid for a period, that period
18
is called the person's PPL period. The maximum period for which
19
any person may be paid parental leave pay is 18 weeks. A person's
20
PPL period may be the full 18 weeks or a lesser period (e.g. where
21
the person is not eligible for parental leave pay for that full period
22
or is entitled to primary carer pay in respect of the child).
23
Parental leave pay may be paid to a person as a lump sum
24
supplement where the person is entitled to primary carer pay in
25
respect of the child but that entitlement falls below the national
26
minimum wage.
27
Parental leave pay is paid in instalments at the national minimum
28
wage for each week day during the person's PPL period (or, in the
29
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
5
case of lump sum supplement, as a single instalment). It is paid by
1
either the person's employer or the Secretary.
2
2 Section 4
3
Omit:
4
There are 3 types of claims: a primary claim, a secondary claim
5
and (in rare cases) a tertiary claim. These claims relate to each
6
other, although the primary claim is the main one--a secondary or
7
tertiary claim cannot be made without it. The primary claim will
8
often be the only claim that is made. If a secondary or tertiary
9
claim is made, that claim will be for the part of the maximum 18
10
week period (or lesser period) in which parental leave pay was not
11
payable to the primary claimant.
12
substitute:
13
There are 3 types of claims: a primary claim, a secondary claim
14
and (in rare cases) a tertiary claim. These claims relate to each
15
other, although the primary claim is the main one--a secondary or
16
tertiary claim cannot be made without it. The primary claim will
17
often be the only claim that is made.
18
3 Section 6
19
Insert:
20
adjustment for paid PC leave: see section 11J.
21
4 Section 6 (definition of initial eligibility determination)
22
Repeal the definition, substitute:
23
initial eligibility determination: see section 115BL.
24
5 Section 6 (definition of maximum PPL period end day)
25
Omit "subsection 11(5)", substitute "section 11B".
26
6 Section 6 (definition of maximum PPL period start day)
27
Omit "subsection 11(4)", substitute "section 11A".
28
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
6
Fairer Paid Parental Leave Bill 2016
No. , 2016
7 Section 6
1
Insert:
2
maximum supplement period: see section 11H.
3
paid PC leave: see section 11F.
4
paid PC leave period: see section 11F.
5
paid PC leave reduction number: see section 11D.
6
parental leave pay supplement: see section 11G.
7
PC leave: see section 11E.
8
PC pay: see section 11F.
9
primary carer leave: see section 11E.
10
primary carer pay: see section 11F.
11
provisional entitlement determination: see section 26.
12
supplement period: see section 11H.
13
8 Section 7
14
Omit:
15
If the Secretary makes a determination that parental leave pay is
16
payable to a person for a child, the parental leave pay is payable for
17
the particular period that is specified in the determination. This
18
period is the person's PPL period. The maximum period for which
19
any person may be paid parental leave pay is 18 weeks. A person's
20
PPL period may be the full 18 weeks or a lesser period (e.g. where
21
the person is not eligible for parental leave pay for that full period).
22
substitute:
23
If the Secretary makes a determination that parental leave pay is
24
payable to a person for a child, the parental leave pay is payable for
25
the particular period that is specified in the determination, or as a
26
lump sum supplement, or both. If it is paid for a period, that period
27
is the person's PPL period. The maximum period for which any
28
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
7
person may be paid parental leave pay is 18 weeks. A person's
1
PPL period may be the full 18 weeks or a lesser period (e.g. where
2
the person is not eligible for parental leave pay for that full period
3
or is entitled to primary carer pay in respect of the child).
4
9 Section 8
5
Omit "for a period".
6
10 Section 8
7
Omit "for that period".
8
11 Section 9
9
Omit "for a period".
10
12 Section 9
11
Omit "during the period".
12
13 Section 10
13
Omit "for a period".
14
14 Before subsection 11(1)
15
Insert:
16
PPL period
17
15 Before subsection 11(3)
18
Insert:
19
Maximum PPL period
20
16 Subsections 11(4) and (5)
21
Repeal the subsections.
22
17 At the end of Part 2-1
23
Add:
24
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
8
Fairer Paid Parental Leave Bill 2016
No. , 2016
11A The maximum PPL period start day for a child
1
(1) The maximum PPL period start day for a child is the latest of the
2
following:
3
(a) the day on which the child was born;
4
(b) the nominated start date;
5
(c) if the primary claimant has a paid PC leave period for a child,
6
and the nominated start date is in that period--the first day
7
after the end of that period;
8
(d) the day that is 28 days before the primary claimant made an
9
effective claim for parental leave pay for the child;
10
(e) the day that is 28 days before the day on which the primary
11
claimant verified the child's birth.
12
(2) Despite subsection (1), if the Secretary has made a determination
13
under subsection (3), the maximum PPL period start day for the
14
child is the day specified in the determination.
15
(3) For the purposes of subsection (2) in respect of a particular claim,
16
the Secretary may determine, in writing, a specified day on or after
17
the day on which the child was born but earlier than the days
18
mentioned in paragraphs (1)(b), (c), (d) and (e), if the Secretary is
19
satisfied that there are exceptional circumstances for doing so.
20
11B The maximum PPL period end day for a child
21
(1) The maximum PPL period end day for a child is the earlier of the
22
following days:
23
(a) the day that is 125 days after the maximum PPL period start
24
day for the child (which is 18 weeks from (and including)
25
that start day);
26
(b) the day before the child's first birthday.
27
(2) However, if the primary claimant has a paid PC leave reduction
28
number for the child, the maximum PPL period end day for the
29
child is:
30
(a) unless paragraph (b) applies--the latest day in the maximum
31
PPL period (worked out using the maximum PPL period end
32
day for the child worked out under subsection (1)) that is
33
followed by that number of week days in that period; or
34
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
9
(b) if the maximum PPL period start day for the child is before
1
the first day of the primary claimant's paid PC leave period
2
for the child--the earlier of:
3
(i) the day before the first day of that paid PC leave period;
4
or
5
(ii) the day worked out under paragraph (a).
6
Note:
If this subsection applies, the maximum PPL period end day will be an
7
earlier day than the day worked out under subsection (1), which will
8
have the effect of reducing the maximum PPL period without
9
affecting the day on which that period starts.
10
(3) Despite subsections (1) and (2), if the Secretary has made a
11
determination under subsection (4), the maximum PPL period end
12
day for the child is the day specified in the determination.
13
(4) If paragraph (2)(b) applies, for the purposes of subsection (3) in
14
respect of a particular claim by a secondary claimant, the Secretary
15
may determine, in writing, a specified day that is:
16
(a) later than the day worked out under paragraph (2)(b); and
17
(b) on or before the day worked out under paragraph (2)(a).
18
11C No PPL period etc. if excessive paid PC leave reduction number
19
(1) This section applies if:
20
(a) the primary claimant has a paid PC leave reduction number
21
for a child; and
22
(b) that number equals or exceeds the number of week days in
23
the maximum PPL period for the child (worked out using the
24
maximum PPL period end day for the child worked out under
25
subsection 11B(1)).
26
(2) Despite any other provision in this Division (other than
27
subsection 11J(4)):
28
(a) there is no maximum PPL period for the child; and
29
(b) there is no PPL period for the child for any person.
30
11D Paid PC leave reduction number for a child
31
(1) The primary claimant has a paid PC leave reduction number for a
32
child if he or she has a paid PC leave period for the child.
33
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
10
Fairer Paid Parental Leave Bill 2016
No. , 2016
(2) The primary claimant's paid PC leave reduction number for the
1
child is worked out as follows:
2
(a) first, divide the number of days in the paid PC leave period
3
for the child by 7;
4
(b) next:
5
(i) if the result of paragraph (a) is not a whole number and
6
is greater than 1--round it down to the nearest whole
7
number; or
8
(ii) if the result of paragraph (a) is not a whole number and
9
is between 1 and zero--round it up to 1;
10
(c) next, multiply the result of paragraph (a) (or, if applicable,
11
the result of paragraph (b)) by 5.
12
Note:
This calculation converts the number of days in the paid PC leave
13
period into a generally equivalent number of week days.
14
11E Primary carer leave (or PC leave) for a child
15
(1) If, under the terms and conditions of an employee's employment,
16
the employee is entitled to leave:
17
(a) because the employee is expecting to give birth to a child; or
18
(b) to allow the employee to be the primary carer for a child who
19
has not yet turned one; or
20
(c) to allow the employee to be the primary carer for a child who
21
has been entrusted to the care of the employee within the
22
immediately preceding 12 months as part of the process for
23
the adoption of the child by the employee; or
24
(d) to allow the employee to be the primary carer for a child who
25
has been adopted by the employee; or
26
(e) because the employee would be entitled to leave of a kind
27
described in paragraph (a), (b), (c) or (d) apart from the fact
28
that a child is stillborn or has died;
29
that leave is primary carer leave (or PC leave) for the child.
30
(2) However, primary carer leave does not include the following:
31
(a) personal/carer's leave, annual leave, long service leave or
32
bereavement leave (however any of those forms of leave are
33
described);
34
(b) leave that is purchased by the employee in accordance with
35
the terms and conditions of the employee's employment;
36
(c) leave, the main purpose of which is to allow an employee:
37
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
11
(i) to support the primary carer for a child; or
1
(ii) to develop initial emotional bonds with a child; or
2
(iii) to support the primary carer for a child and to develop
3
initial emotional bonds with that child.
4
(3) To avoid doubt, paragraph (2)(c) does not apply to leave, the main
5
purpose of which is to allow an employee to be the primary carer
6
for a child.
7
11F Primary carer pay, paid PC leave and paid PC leave period for a
8
child
9
(1) If, under the terms and conditions of an employee's employment,
10
the employer will pay an amount to the employee in respect of the
11
employee's entitlement to PC leave for a child of the employee:
12
(a) the amount is the employee's primary carer pay (or PC pay)
13
for the child; and
14
(b) the PC leave in respect of which the PC pay is payable is the
15
employee's paid PC leave for the child; and
16
(c) the employee's paid PC leave period for the child is the
17
period of that paid PC leave (disregarding any part of that
18
period that does not represent a whole day of the employee's
19
entitlement to PC leave).
20
(2) Subsection (1) is subject to the following subsections.
21
Certain classes of payments under PPL rules
22
(3) The PPL rules may specify classes of payment that are, or are not,
23
to be taken to be primary carer pay.
24
Employer top-up pay
25
(4) Subsection (5) applies if, under the terms and conditions of the
26
employee's employment, the amount of the employee's PC pay for
27
the child is determined by reference to the amount of parental leave
28
pay payable to the employee for the child.
29
(5) For the purposes of this Act, treat the amount of that PC pay for
30
each day in the employee's paid PC leave period as being the
31
amount that it would be disregarding subsection 11B(2).
32
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
12
Fairer Paid Parental Leave Bill 2016
No. , 2016
Note:
For a child born or entrusted to the care of a person during the 3-year
1
period starting on the commencement of this section, that PC pay for
2
that period is disregarded (see Part 2 of Schedule 1 to the Fairer Paid
3
Parental Leave Act 2016).
4
Unpaid parts of period
5
(6) Subsection (7) applies if the period of PC leave in respect of which
6
the PC pay is payable includes a day (whether or not a week day)
7
(a non-pay day) if:
8
(a) that day is a day on which the employee would ordinarily
9
work and for which the employee would be ordinarily
10
entitled to pay (but for the period of PC leave); and
11
(b) PC pay for the child is not payable in respect of that day.
12
(7) The employee's paid PC leave period for the child is the shortest
13
period that:
14
(a) starts on the first day of the period of PC leave; and
15
(b) contains a number of week days equal to the number of week
16
days in that period less the number of non-pay days.
17
Lump sum payments
18
(8) If the PC pay for the child is payable as a lump sum in respect of
19
the PC leave, but the amount of the lump sum does not depend on
20
the length of that leave, the employee's paid PC leave period for
21
the child is the shortest period that:
22
(a) starts on the first day of the period of that PC leave; and
23
(b) contains a number of week days equal to the lump sum
24
divided by the daily national minimum wage amount for the
25
first day of the period of that PC leave (rounding down if the
26
result of this division is not a whole number).
27
Half pay or other percentage pay arrangements
28
(9) Subsection (10) applies if:
29
(a) under the terms and conditions of the employee's
30
employment, the employee can choose to take the PC pay for
31
the child:
32
(i) at full pay over a period (the full pay period); or
33
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
13
(ii) at a percentage (however expressed) of full pay over a
1
period equal to the full pay period divided by that
2
percentage; and
3
(b) the employee chooses to take the PC pay for the child as
4
described in subparagraph (a)(ii).
5
(10) The employee's paid PC leave period for the child is the full pay
6
period. To avoid doubt, this subsection does not affect the amount
7
of the employee's PC pay for the child.
8
Multiple entitlements to PC leave
9
(11) The PPL rules may, in cases where a person has more than one
10
entitlement to PC leave for a child:
11
(a) specify one or more methods for determining the amount of
12
the person's primary carer pay for the child; and
13
(b) specify one or more methods for determining the person's
14
paid PC leave for the child; and
15
(c) specify one or more methods for determining the person's
16
paid PC leave period for the child.
17
Division 3--Parental leave pay supplement
18
11G Parental leave pay supplement for a child
19
(1) Parental leave pay supplement for a child is payable to a person if:
20
(a) the person has a supplement period for the child (see
21
section 11H); and
22
(b) if the person has returned to work--the person made the
23
claim mentioned in section 10 no later than 28 days after the
24
day on which the person returned to work.
25
(2) The amount of a person's parental leave pay supplement for a child
26
is the amount (if any) by which:
27
(a) the amount of the person's PC pay for the child in respect of
28
the supplement period;
29
falls short of:
30
(b) the daily national minimum wage amount for the last day of
31
that period multiplied by the number of week days in that
32
period.
33
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
14
Fairer Paid Parental Leave Bill 2016
No. , 2016
(4) For the purposes of this Act, and any other law of the
1
Commonwealth:
2
(a) treat parental leave pay supplement as parental leave pay; and
3
(b) treat parental leave pay supplement payable to a person as an
4
instalment of parental leave pay.
5
(5) To avoid doubt, a reference in Division 2 of this Part to parental
6
leave pay includes a reference to parental leave pay supplement.
7
(6) Subsection (4) does not apply to section 11.
8
11H Supplement period and maximum supplement period for a child
9
(1) A person's supplement period for a child is the period specified in
10
a determination under any of the following:
11
(a) section 13, in accordance with subsection 13(3B);
12
(b) section 14, in accordance with subsection 14(3B) or (6D);
13
(c) section 15, in accordance with subsection 15(1B) or (5D);
14
(d) section 16, in accordance with subsection 16(4D).
15
(2) The person's supplement period for the child must be the same as,
16
or within, the person's maximum supplement period for the child.
17
(3) Subject to subsection (4), a person's maximum supplement period
18
for a child is the shortest period that:
19
(a) starts on the first day of the person's paid PC leave period for
20
the child; and
21
(b) contains the number of week days in:
22
(i) if the person is the primary claimant--the primary
23
claimant's adjustment for paid PC leave; or
24
(ii) if the person is the secondary claimant--the secondary
25
claimant's adjustment for paid PC leave.
26
(4) A person does not have a maximum supplement period for a child
27
if the person's PC pay for the child is payable wholly as a lump
28
sum in respect of the PC leave for the child.
29
Note:
This subsection has the effect that the person does not have a
30
supplement period for the child: see subsection (2).
31
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
15
11J Adjustment for paid PC leave for a child
1
(1) The primary claimant's adjustment for paid PC leave for a child is
2
the number of week days worked out by subtracting:
3
(a) the number of week days in the maximum PPL period for the
4
child;
5
from:
6
(b) the number of week days in the maximum PPL period for the
7
child (worked out using the maximum PPL period end day
8
for the child worked out under subsection 11B(1)).
9
Note:
This number represents the reduction in the number of week days in
10
the maximum PPL period that results from the primary claimant's
11
paid PC leave period.
12
(2) A secondary claimant's adjustment for paid PC leave for a child is
13
the number of week days worked out under subsection (1) on the
14
assumption that he or she were the primary claimant. However, if
15
that number exceeds the cap worked out under subsection (3), the
16
number of week days is equal to that cap.
17
(3) The cap is 90, reduced by:
18
(a) the number of week days in the primary claimant's PPL
19
period; and
20
(b) the primary claimant's adjustment for paid PC leave.
21
(4) If section 11C applies in relation to a child, for the purposes of
22
subsection (1) of this section:
23
(a) disregard subsection 11C(2); and
24
(b) assume that the number of week days in the maximum PPL
25
period for the child is zero.
26
18 Section 12 (paragraph relating to Division 5)
27
Repeal the paragraph, substitute:
28
Division 5 deals with provisional entitlement determinations.
29
These determinations can be made by the Secretary before the
30
Secretary makes a payability determination. The Secretary can
31
make a provisional entitlement determination if the Secretary is
32
satisfied that the person satisfies, or will satisfy, certain
33
requirements for a payability determination. If the Secretary makes
34
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
16
Fairer Paid Parental Leave Bill 2016
No. , 2016
a determination, the Secretary must give a notice of it to the
1
claimant (and in some cases, the claimant's employer).
2
19 Subsections 13(2) and (3)
3
Repeal the subsections, substitute:
4
When parental leave pay is payable to primary claimant
5
(2) The Secretary must determine that parental leave pay is payable to
6
the primary claimant if, when making the determination, the
7
Secretary is satisfied that either or both of the following apply:
8
(a) the primary claimant has a PPL period and was or will be
9
eligible for parental leave pay on each day in the period that:
10
(i) starts on the day the child was born; and
11
(ii) ends on the last day of the primary claimant's PPL
12
period;
13
(b) the primary claimant has a supplement period and was or will
14
be eligible for parental leave pay on each day in the period
15
that:
16
(i) starts on the day the child was born; and
17
(ii) ends on the last day of the primary claimant's
18
supplement period.
19
Note:
The Secretary is prevented from making a determination under this
20
subsection in certain circumstances: see Division 3.
21
Primary claimant's PPL period
22
(3) The Secretary must specify in the determination under
23
subsection (2) that the primary claimant's PPL period:
24
(a) starts on the child's maximum PPL period start day; and
25
(b) ends on the day worked out under subsection (3A).
26
(3A) If the Secretary is satisfied that the primary claimant was or will be
27
eligible on each day in the period that:
28
(a) starts on the child's maximum PPL period start day; and
29
(b) ends on a day in that maximum PPL period;
30
the day is the day mentioned in paragraph (b).
31
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Primary claimant's supplement period
1
(3B) The Secretary must specify in the determination under
2
subsection (2) that the primary claimant's supplement period:
3
(a) starts on the first day of the primary claimant's maximum
4
supplement period for the child; and
5
(b) ends on the day worked out under subsection (3C).
6
(3C) If the Secretary is satisfied that the primary claimant was or will be
7
eligible on each day in the period that:
8
(a) starts on:
9
(i) if the first day of the primary claimant's maximum
10
supplement period for the child is before the day the
11
child was born--the day the child was born; or
12
(ii) otherwise--the first day of the primary claimant's
13
maximum supplement period for the child; and
14
(b) ends on a day in that maximum supplement period;
15
the day is the day mentioned in paragraph (b).
16
20 Subsections 14(2) and (3)
17
Repeal the subsections, substitute:
18
When parental leave pay is payable to primary claimant
19
(2) The Secretary must determine that parental leave pay is payable to
20
the primary claimant if, when making the determination, the
21
Secretary is satisfied that either or both of the following apply:
22
(a) the primary claimant has a PPL period and was or will be
23
eligible for parental leave pay on each day in the period that:
24
(i) starts on the day the child was born; and
25
(ii) ends on the last day of the primary claimant's PPL
26
period;
27
(b) the primary claimant has a supplement period and was or will
28
be eligible for parental leave pay on each day in the period
29
that:
30
(i) starts on the day the child was born; and
31
(ii) ends on the last day of the primary claimant's
32
supplement period.
33
Note:
The Secretary is prevented from making a determination under this
34
subsection in certain circumstances: see Division 3.
35
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Primary claimant's PPL period
1
(3) The Secretary must specify in the determination under
2
subsection (2) that the primary claimant's PPL period:
3
(a) starts on the child's maximum PPL period start day; and
4
(b) ends on the day worked out under subsection (3A).
5
(3A) If the Secretary is satisfied that the primary claimant was or will be
6
eligible on each day in the period that:
7
(a) starts on the child's maximum PPL period start day; and
8
(b) ends on a day in that maximum PPL period;
9
the day is the day mentioned in paragraph (b).
10
Primary claimant's supplement period
11
(3B) The Secretary must specify in the determination under
12
subsection (2) that the primary claimant's supplement period:
13
(a) starts on the first day of the primary claimant's maximum
14
supplement period for the child; and
15
(b) ends on the day worked out under subsection (3C).
16
(3C) If the Secretary is satisfied that the primary claimant was or will be
17
eligible on each day in the period that:
18
(a) starts on:
19
(i) if the first day of the primary claimant's maximum
20
supplement period for the child is before the day the
21
child was born--the day the child was born; or
22
(ii) otherwise--the first day of the primary claimant's
23
maximum supplement period for the child; and
24
(b) ends on a day in that maximum supplement period;
25
the day is the day mentioned in paragraph (b).
26
21 Subsections 14(5) and (6)
27
Repeal the subsections, substitute:
28
When parental leave pay is payable to secondary claimant
29
(5) The Secretary must determine that parental leave pay is payable to
30
the secondary claimant if, when making the determination:
31
(a) the Secretary is satisfied that a determination has been made
32
under subsection (2) for the primary claimant; and
33
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(b) subsection (5A) applies.
1
Note:
The Secretary is prevented from making a determination under this
2
subsection in certain circumstances: see Division 3.
3
(5A) This subsection applies if the Secretary is satisfied that either or
4
both of the following apply:
5
(a) the secondary claimant has a PPL period and was or will be
6
eligible for parental leave pay on each day in that PPL
7
period;
8
(b) the secondary claimant has a supplement period and was or
9
will be eligible for parental leave pay on each day in that
10
supplement period on or after the day the child was born.
11
Secondary claimant's PPL period
12
(6) The Secretary must specify in the determination under
13
subsection (5) that the secondary claimant's PPL period:
14
(a) starts on the first day after the primary claimant's PPL period
15
ends; and
16
(b) ends on the day worked out under subsection (6A).
17
(6A) If the Secretary is satisfied that the secondary claimant was or will
18
be eligible on each day in the period that:
19
(a) starts on the day worked out under paragraph (6)(a); and
20
(b) ends on:
21
(i) unless subparagraph (ii) applies--a day (the end day) in
22
the maximum PPL period for the child; or
23
(ii) if the secondary claimant has a paid PC leave period for
24
the child--a day (also the end day) in the maximum
25
PPL period that is followed by a number of week days
26
in that period equal to the secondary claimant's
27
adjustment for paid PC leave;
28
the day is the end day.
29
(6B) Subparagraph (6A)(b)(ii) does not apply if the Secretary is satisfied
30
that the secondary claimant made his or her secondary claim in
31
exceptional circumstances mentioned in paragraph 54(2)(d).
32
(6C) To avoid doubt:
33
(a) if the secondary claimant has a paid PC leave period for the
34
child; and
35
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(b) the day worked out under subparagraph (6A)(b)(ii) is before
1
the day mentioned in paragraph (6A)(a);
2
the secondary claimant does not have a PPL period.
3
Secondary claimant's supplement period
4
(6D) The Secretary must specify in the determination under
5
subsection (5) that the secondary claimant's supplement period is
6
the period worked out in accordance with the PPL rules.
7
22 After subsection 15(1)
8
Insert:
9
When parental leave pay is payable to primary claimant
10
(1A) The Secretary must determine that parental leave pay is payable to
11
the primary claimant if, when making the determination, the
12
Secretary is satisfied that the primary claimant:
13
(a) has a supplement period; and
14
(b) was or will be eligible for parental leave pay on each day in
15
the period that:
16
(i) starts on the day the child was born; and
17
(ii) ends on the last day of the primary claimant's
18
supplement period.
19
Note:
The Secretary is prevented from making a determination under this
20
subsection in certain circumstances: see Division 3.
21
Primary claimant's supplement period
22
(1B) The Secretary must specify in the determination under
23
subsection (1A) that the primary claimant's supplement period:
24
(a) starts on the first day of the primary claimant's maximum
25
supplement period for the child; and
26
(b) ends on the day worked out under subsection (1C).
27
(1C) If the Secretary is satisfied that the primary claimant was or will be
28
eligible on each day in the period that:
29
(a) starts on:
30
(i) if the first day of the primary claimant's maximum
31
supplement period for the child is before the day the
32
child was born--the day the child was born; or
33
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(ii) otherwise--the first day of the primary claimant's
1
maximum supplement period for the child; and
2
(b) ends on a day in that maximum supplement period;
3
the day is the day mentioned in paragraph (b).
4
23 Subsection 15(2)
5
After "primary claimant", insert "if the Secretary is not satisfied of the
6
matters in subsection (1A)".
7
24 Subsection 15(3)
8
Omit "for the secondary claimant's PPL period".
9
25 Paragraph 15(3)(b)
10
Repeal the paragraph, substitute:
11
(b) subsection (3A) applies; and
12
26 After subsection 15(3)
13
Insert:
14
(3A) This subsection applies if either or both of the following apply:
15
(a) the secondary claimant has a PPL period and was or will be
16
eligible for parental leave pay on each day in that PPL
17
period;
18
(b) the secondary claimant has a supplement period and was or
19
will be eligible for parental leave pay on each day in that
20
supplement period on or after the day the child was born.
21
27 Paragraph 15(5)(b)
22
Repeal the paragraph, substitute:
23
(b) ends on the day worked out under subsection (5A).
24
28 After subsection 15(5)
25
Insert:
26
(5A) If the Secretary is satisfied that the secondary claimant was or will
27
be eligible on each day in the period that:
28
(a) starts on the child's maximum PPL period start day; and
29
(b) ends on:
30
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(i) unless subparagraph (ii) applies--a day (the end day) in
1
the maximum PPL period for the child; or
2
(ii) if the secondary claimant has a paid PC leave period for
3
the child--a day (also the end day) in the maximum
4
PPL period that is followed by a number of week days
5
in that period equal to the secondary claimant's
6
adjustment for paid PC leave;
7
the day is the end day.
8
(5B) Subparagraph (5A)(b)(ii) does not apply if the Secretary is satisfied
9
that the secondary claimant made his or her secondary claim in
10
exceptional circumstances mentioned in paragraph 54(2)(d).
11
(5C) To avoid doubt:
12
(a) if the secondary claimant has a paid PC leave period for the
13
child; and
14
(b) the day worked out under subparagraph (5A)(b)(ii) is before
15
the day mentioned in paragraph (5A)(a);
16
the secondary claimant does not have a PPL period.
17
Secondary claimant's supplement period
18
(5D) The Secretary must specify in the determination under
19
subsection (5) that the secondary claimant's supplement period is
20
the period worked out in accordance with the PPL rules.
21
29 Subsection 16(3)
22
Repeal the subsection, substitute:
23
When parental leave pay is payable to secondary claimant
24
(3) The Secretary must determine that parental leave pay is payable to
25
the secondary claimant for the secondary claimant's PPL period if,
26
when making the determination:
27
(a) the Secretary is satisfied that a determination under
28
section 13 that parental leave pay is payable to the primary
29
claimant was or will be in force on the day before the start of
30
the secondary claimant's PPL period; and
31
(b) subsection (3A) applies.
32
Note:
The Secretary is prevented from making a determination under this
33
subsection in certain circumstances: see Division 3.
34
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Fairer Paid Parental Leave Bill 2016
23
(3A) This subsection applies if the Secretary is satisfied that either or
1
both of the following apply:
2
(a) the secondary claimant has a PPL period and was or will be
3
eligible for parental leave pay on each day in that PPL
4
period;
5
(b) the secondary claimant has a supplement period and was or
6
will be eligible for parental leave pay on each day in that
7
supplement period on or after the day the child was born.
8
30 Paragraph 16(4)(b)
9
Repeal the paragraph, substitute:
10
(b) ends on the day worked out under subsection (4A).
11
31 After subsection 16(4)
12
Insert:
13
(4A) If the Secretary is satisfied that the secondary claimant was or will
14
be eligible on each day in the period that:
15
(a) starts on the day worked out under paragraph (4)(a); and
16
(b) ends on:
17
(i) unless subparagraph (ii) applies--a day (the end day) in
18
the maximum PPL period for the child; or
19
(ii) if the secondary claimant has a paid PC leave period for
20
the child--a day (also the end day) in the maximum
21
PPL period that is followed by a number of week days
22
in that period equal to the secondary claimant's
23
adjustment for paid PC leave;
24
the day is the end day.
25
(4B) Subparagraph (4A)(b)(ii) does not apply if the Secretary is satisfied
26
that the secondary claimant made his or her secondary claim in
27
exceptional circumstances mentioned in paragraph 54(2)(d).
28
(4C) To avoid doubt:
29
(a) if the secondary claimant has a paid PC leave period for the
30
child; and
31
(b) the day worked out under subparagraph (4A)(b)(ii) is before
32
the day mentioned in paragraph (4A)(a);
33
the secondary claimant does not have a PPL period.
34
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Secondary claimant's supplement period
1
(4D) The Secretary must specify in the determination under
2
subsection (3) that the secondary claimant's supplement period is
3
the period worked out in accordance with the PPL rules.
4
32 Paragraph 17(3)(b)
5
Repeal the paragraph, substitute:
6
(b) ends on the day worked out under subsection (3A).
7
33 After subsection 17(3)
8
Insert:
9
(3A) If the Secretary is satisfied that the tertiary claimant was or will be
10
eligible on each day in the period that:
11
(a) starts on the day worked out under paragraph (3)(a); and
12
(b) ends on:
13
(i) unless subparagraph (ii) applies--a day (the end day) in
14
the maximum PPL period for the child; or
15
(ii) if the secondary claimant has a paid PC leave period for
16
the child--a day (also the end day) in the maximum
17
PPL period that is followed by a number of week days
18
in that period equal to the secondary claimant's
19
adjustment for paid PC leave;
20
the day is the end day.
21
(3B) Subparagraph (3A)(b)(ii) does not apply if the Secretary is satisfied
22
that the secondary claimant made his or her secondary claim in
23
exceptional circumstances mentioned in paragraph 54(2)(d).
24
(3C) To avoid doubt:
25
(a) if the secondary claimant has a paid PC leave period for the
26
child; and
27
(b) the day worked out under subparagraph (3A)(b)(ii) is before
28
the day mentioned in paragraph (3A)(a);
29
the tertiary claimant does not have a PPL period.
30
34 Paragraph 24(b)
31
Repeal the paragraph, substitute:
32
(b) if parental leave pay is payable:
33
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Fairer Paid Parental Leave Bill 2016
25
(i) the claimant's PPL period (if any); and
1
(ii) if the claimant is not the primary claimant--the primary
2
claimant's PPL period (if any); and
3
(iii) the amount of parental leave pay that will be paid to the
4
claimant for the child; and
5
(iv) in a case where parental leave pay supplement is
6
payable for the child--the claimant's supplement period
7
for the child; and
8
(v) in a case where parental leave pay supplement is
9
payable for the child--the amount of parental leave pay
10
represented by that parental leave pay supplement; and
11
(ba) if the claimant is the primary claimant and the claimant has a
12
paid PC leave period for a child:
13
(i) the claimant's paid PC leave period; and
14
(ii) the amount (if any) of primary carer pay to which the
15
claimant is entitled; and
16
(bb) if the claimant is not the primary claimant:
17
(i) if the claimant has a paid PC leave period for a child--
18
the claimant's paid PC leave period; and
19
(ii) if the primary claimant has a paid PC leave period for a
20
child--the primary claimant's paid PC leave period; and
21
35 After section 24
22
Insert:
23
24A Varying a payability determination
24
Variation of PPL period
25
(1) The Secretary may vary a payability determination that parental
26
leave pay is payable to a person for a child by varying any of the
27
following:
28
(a) the person's PPL period;
29
(b) the person's supplement period for the child;
30
(c) the amount of the person's parental leave pay supplement for
31
the child.
32
(2) The Secretary may do so:
33
(a) on his or her own initiative; or
34
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Fairer Paid Parental Leave Bill 2016
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(b) on request from the person made:
1
(i) at any time before one year after the day on which the
2
person's PPL period would have ended apart from the
3
variation; and
4
(ii) in a manner approved by the Secretary.
5
Coming into force
6
(3) A variation comes into force on the day that it is made.
7
Matters to be satisfied for making of variation
8
(4) The provisions in Division 2 of Part 2-1 and in this Part that
9
require matters to be satisfied in order for a payability
10
determination to be made apply to a variation under this section in
11
the same way that they apply to a payability determination.
12
Matters to be specified in variation
13
(5) The provisions in Division 2 of Part 2-1 and in this Part requiring
14
matters to be specified in a payability determination apply to a
15
variation under this section in the same way that they apply to a
16
payability determination.
17
Notice of variation
18
(6) Section 24 (requirement to give notice) applies to a variation under
19
this section in the same way that it applies to a payability
20
determination.
21
Note:
The Secretary may have to give a notice of the variation to the
22
person's employer under section 114.
23
36 Paragraph 25(1)(c)
24
Repeal the paragraph, substitute:
25
(c) the request is made in a manner approved by the Secretary;
26
37 Division 5 of Part 2-2
27
Repeal the Division, substitute:
28
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27
Division 5--Provisional entitlement determinations about
1
parental leave pay
2
26 Provisional entitlement determinations
3
Primary claimants
4
(1) If a person makes an effective primary claim, the Secretary may
5
make a determination (the provisional entitlement determination)
6
that the person is provisionally entitled to parental leave pay for the
7
child if, when making the determination, the Secretary is satisfied
8
that:
9
(a) the person satisfies:
10
(i) the work test; and
11
(ii) the income test; and
12
(iii) the Australian residency test; and
13
(b) the other requirements in Division 2 of Part 2-1 and in this
14
Part, relating to the making of a payability determination, are
15
satisfied in relation to the person.
16
Secondary claimants
17
(2) If a person makes an effective secondary claim, the Secretary may
18
make a determination (the provisional entitlement determination)
19
that the person is provisionally entitled to parental leave pay for the
20
child if, when making the determination, the Secretary is satisfied
21
that:
22
(a) the person satisfies the following tests (or will satisfy those
23
tests on the day the person becomes the child's primary
24
carer):
25
(i) the work test;
26
(ii) the income test;
27
(iii) the Australian residency test; and
28
(b) the other requirements in Division 2 of Part 2-1 and in this
29
Part, relating to the making of a payability determination, are
30
satisfied in relation to the person.
31
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26A Provisional entitlement determination does not prevent
1
Secretary making different payability determination
2
The fact that the Secretary has made a provisional entitlement
3
determination that a person is provisionally entitled to parental
4
leave pay for a child does not prevent the Secretary from later:
5
(a) making a payability determination that parental leave pay is
6
not payable to the person for the child; or
7
(b) making a payability determination that parental leave pay is
8
payable to the person for the child, but which does not reflect
9
the provisional entitlement determination.
10
27 Assumptions when making the provisional entitlement
11
determination
12
In deciding whether to make a provisional entitlement
13
determination about parental leave pay, the Secretary may act on
14
the assumption that the state of affairs known to the Secretary
15
when making the determination will remain unchanged.
16
28 When the provisional entitlement determination comes into force
17
A provisional entitlement determination about parental leave pay
18
comes into force on the day it is made.
19
29 Matters to be specified in, and notice of, provisional entitlement
20
determination
21
Matters to be specified
22
(1) The provisions in Division 2 of Part 2-1 and in this Part requiring
23
matters to be specified in a payability determination apply to a
24
provisional entitlement determination in the same way that they
25
apply to a payability determination.
26
Notice
27
(2) Section 24 (requirement to give notice) applies to a provisional
28
entitlement determination in the same way that it applies to a
29
payability determination.
30
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38 Paragraph 31(4B)(b)
1
Repeal the paragraph, substitute:
2
(b) combined, the total days in the following exceed 126:
3
(i) the person's DAPP period;
4
(ii) any paid PC leave period for the child;
5
(iii) the reference period for the person's claim for parental
6
leave pay for the child;
7
39 Subsection 33(2)
8
Omit "an initial eligibility determination", substitute "a provisional
9
entitlement determination".
10
40 After subsection 33(2)
11
Insert:
12
(2A) If:
13
(a) a primary claimant is pregnant with the child or is the birth
14
mother of the child; and
15
(b) the primary claimant performs paid work of a kind before the
16
child is born; and
17
(c) the primary claimant ceases performing that work on a
18
particular day because of hazards that:
19
(i) are connected with the work; and
20
(ii) pose a risk to the pregnancy; and
21
(d) if the PPL rules specify extra requirements relating to ceasing
22
that type of work because of such hazards--those
23
requirements are satisfied; and
24
(e) the primary claimant would not satisfy the work test in the
25
work test period that would apply under subsection (1)
26
because she ceased work as mentioned in paragraph (c);
27
the work test period for the primary claimant is the 392 days
28
immediately before the day on which the primary claimant ceased
29
work as mentioned in paragraph (c) and not the work test period
30
that would apply under subsection (1) or (2).
31
41 Subsection 36(2)
32
Omit "56", substitute "84".
33
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42 Paragraph 36(3)(c)
1
Omit "56", substitute "84".
2
43 Subsection 57(1) (note 2)
3
Omit "subsection 11(4)", substitute "subsection 11A(1)".
4
44 Section 62
5
Omit:
6
Parental leave pay is payable in instalments for regular periods
7
called instalment periods. Instalments are payable to a person if
8
those instalment periods overlap with the person's PPL period.
9
substitute:
10
Parental leave pay is payable in instalments for regular periods
11
called instalment periods (or, in the case of lump sum supplement,
12
as a single instalment). Instalments (other than for lump sum
13
supplement) are payable to a person if those instalment periods
14
overlap with the person's PPL period.
15
45 Subsections 63(3) and (4)
16
Repeal the subsections, substitute:
17
When an instalment is payable
18
(3) An instalment is payable to a person if:
19
(a) one or more days (the PPL days) of an instalment period for
20
the person fall within the person's PPL period; or
21
(b) parental leave pay supplement is payable to the person.
22
(4) An instalment becomes payable:
23
(a) if paragraph (3)(a) applies--on the payday for the instalment;
24
or
25
(b) if paragraph (3)(b) applies--as soon as practicable after the
26
earlier of the last day of the person's paid PC leave period
27
and the last day of the person's supplement period.
28
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46 Subsection 66(2)
1
Omit "and 69A", substitute ", 69A and 190A".
2
47 Subsection 70(1)
3
Omit "or 69A", substitute ", 69A or 190A".
4
48 Subsection 76(3)
5
Omit "for the person's PPL period".
6
49 Section 87 (heading)
7
Repeal the heading, substitute:
8
87 Payment of arrears--extending PPL period after review or
9
variation
10
50 Subsection 87(1)
11
Omit "after a review", substitute "after a review or variation".
12
51 Section 92 (heading)
13
Repeal the heading, substitute:
14
92 Effect of extending PPL period after review or variation
15
52 Paragraph 92(b)
16
After "is made", insert "(whether by way of review or variation)".
17
53 Paragraph 101(1)(a)
18
Omit "an initial eligibility determination", substitute "a provisional
19
entitlement determination".
20
54 Paragraph 115CB(7)(b)
21
Repeal the paragraph, substitute:
22
(b) combined, the total days in the following exceed 126:
23
(i) the person's PPL period;
24
(ii) any paid PC leave period for the child;
25
(iii) the reference period for the person's claim for dad and
26
partner pay for the child;
27
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
32
Fairer Paid Parental Leave Bill 2016
No. , 2016
55 Paragraph 117(1)(a)
1
Omit "initially eligible for", substitute "provisionally entitled to".
2
56 Paragraph 117(1)(b)
3
After "to a person", insert "(and if so, the amount of that parental leave
4
pay)".
5
57 Paragraph 124(2)(a)
6
After "not have been paid", insert ", or if incorrect amounts have been
7
paid as parental leave pay".
8
58 At the end of subsection 125(1)
9
Add:
10
; (c) anything that has the effect of:
11
(i) changing the amount of the person's entitlement to PC
12
pay for the child in respect of whom the claim is made;
13
or
14
(ii) causing the person to have such an entitlement;
15
(d) anything that is likely to have the effect described in
16
paragraph (c);
17
(e) anything that has the effect of:
18
(i) changing the person's paid PC leave period for the child
19
in respect of whom the claim is made; or
20
(ii) causing the person to have such a period;
21
(f) anything that is likely to have the effect described in
22
paragraph (e).
23
59 Sections 166 and 167
24
Repeal the sections, substitute:
25
166 Parental leave pay instalment debts--instalments paid by
26
employer
27
(1) This section applies if:
28
(a) an amount is paid by an entity other than the Secretary to, or
29
in relation to, a person for a child by way of an instalment;
30
and
31
(b) the amount exceeds what it should be under Part 3-3.
32
Adjustment for primary carer pay and other amendments Schedule 1
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
33
Note 1:
Instalments may stop being payable with retrospective effect if the
1
payability determination is set aside or varied after the instalments are
2
paid.
3
Note 2:
If no amounts are payable to, or in relation to, a person for a child as
4
instalments (for example, if a payability determination that parental
5
leave pay is payable to the person for the child has not been made, or
6
has been set aside), the amount of the excess is the total amount
7
mentioned in paragraph (a).
8
Note 3:
This section may apply to overpayments by way of instalments or
9
amounts that are mistakenly paid. For example, an overpayment or
10
mistaken payment may arise due to administrative error, the setting
11
aside or variation of a payability determination or payments following
12
a stay order under subsection 41(2) of the AAT Act.
13
(2) An amount equal to the amount of the excess is a debt due to the
14
Commonwealth by the person.
15
(3) The debt under subsection (2) arises when the amount is paid as
16
mentioned in paragraph (1)(a).
17
167 Parental leave pay instalment debts--instalments paid by
18
Secretary
19
(1) This section applies if:
20
(a) the Secretary pays an amount to, or in relation to, a person
21
for a child by way of an instalment; and
22
(b) the amount exceeds what it should be under Part 3-3.
23
Note 1:
Instalments may stop being payable with retrospective effect if the
24
payability determination is set aside or varied after the instalments are
25
paid.
26
Note 2:
If no amounts are payable to, or in relation to, a person for a child as
27
instalments (for example, if a payability determination that parental
28
leave pay is payable to the person for the child has not been made, or
29
has been set aside), the amount of the excess is the total amount
30
mentioned in paragraph (a).
31
Note 3:
This section may apply to overpayments by way of instalments or
32
amounts that are mistakenly paid. For example, an overpayment or
33
mistaken payment may arise due to administrative error, the setting
34
aside or variation of a payability determination or payments following
35
a stay order under subsection 41(2) of the AAT Act.
36
(2) An amount equal to the amount of the excess is a debt due to the
37
Commonwealth by the person.
38
Schedule 1 Adjustment for primary carer pay and other amendments
Part 1 Amendments
34
Fairer Paid Parental Leave Bill 2016
No. , 2016
(3) The debt under subsection (2) arises when the Secretary pays the
1
amount mentioned in paragraph (1)(a).
2
60 After paragraph 182(c)
3
Insert:
4
(ca) deductions from instalments payable to the debtor (see
5
section 190A);
6
61 After section 190
7
Insert:
8
190A Deductions from instalments payable to debtors
9
(1) A debt may be deducted, in accordance with this section, from
10
instalments that would otherwise be payable to the debtor.
11
(2) The Secretary may determine the amount to be deducted from each
12
instalment.
13
(3) A determination under subsection (2) may be an amount that would
14
reduce the instalment to zero if the debtor has consented to the
15
amount of the deduction reducing the instalment to zero.
16
(4) Each instalment is to be reduced by the amount determined by the
17
Secretary until the sum of those amounts, and any amounts of the
18
debt recovered under another provision of this Act or under another
19
Act, equals the debt.
20
(5) The Secretary may vary the amount to be deducted from an
21
instalment.
22
62 Subsections 193(5) and 197(2)
23
Omit "or setting off in relation to", substitute "under this Act or another
24
Act or by set-off against".
25
63 Subsection 272(1)
26
Omit "reviewing a decision for the purposes of this Chapter", substitute
27
"reviewing a decision for the purposes of this Chapter or varying a
28
payability determination under section 24A".
29
Adjustment for primary carer pay and other amendments Schedule 1
Application provisions Part 2
No. , 2016
Fairer Paid Parental Leave Bill 2016
35
Part 2--Application provisions
1
64 Application of amendments
2
The amendments made by this Schedule apply in relation to a claim for
3
parental leave pay for a child who:
4
(a) is born on or after the commencement of this Schedule; or
5
(b) becomes entrusted to the care of a person (as mentioned in
6
subsection 275(2) of the Paid Parental Leave Act 2010) on or
7
after the commencement of this Schedule.
8
65 Transitional arrangement for employer top-up pay
9
(1)
This item applies if a child is born, or becomes entrusted to the care of a
10
person (as mentioned in subsection 275(2) of the Paid Parental Leave
11
Act 2010), during the 3-year period starting on the commencement of
12
this Schedule.
13
(2)
Subsection 11F(5) of that Act applies in relation to a person's
14
entitlement to PC pay for the child as if the reference in that subsection
15
to "treat the amount of that PC pay for each day in the employee's paid
16
PC leave period as being the amount that it would be disregarding
17
subsection 11B(2)" were instead a reference to "disregard the amount of
18
that PC pay for each day in the employee's paid PC leave period".
19
Schedule 2 Employer opt-in
Part 1 Amendments
36
Fairer Paid Parental Leave Bill 2016
No. , 2016
Schedule 2--Employer opt-in
1
Part 1--Amendments
2
Paid Parental Leave Act 2010
3
1 Section 4 (paragraph relating to Part 3-3)
4
Omit "(e.g. the person is a contractor and so does not have an
5
employer)", substitute "(e.g. the person's employer does not make an
6
election to pay instalments to the person)".
7
2 Section 4 (paragraph relating to Part 3-3)
8
Omit "is being reviewed or".
9
3 Section 4 (paragraph relating to Part 3-5)
10
Repeal the paragraph, substitute:
11
Part 3-5 is about employer determinations. An employer is only
12
required to pay instalments to a person if an employer
13
determination is in force for the employer and the person. An
14
employer determination cannot be made unless certain conditions
15
are met (e.g. the employer has made an election to pay instalments
16
to the person).
17
4 Section 6 (definition of acceptance notice)
18
Omit "section 103", substitute "paragraph 103(1)(a)".
19
5 Section 6 (definition of bank account information)
20
Omit "subsection 104(2)", substitute "paragraph 109(2)(b)".
21
6 Section 6 (definition of employer determination decision)
22
Repeal the definition.
23
7 Section 6
24
Insert:
25
non-acceptance notice: see paragraph 103(1)(b).
26
Employer opt-in Schedule 2
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
37
8 Section 6 (definition of transfer day)
1
Omit "84(3), (4) and (5)", substitute "84(4) and (5)".
2
9 Subsection 64(1) (note)
3
Omit "Sections 93 and 94 affect", substitute "Section 94 affects".
4
10 Section 83
5
Omit "is being reviewed or".
6
11 Subsection 84(3)
7
Repeal the subsection.
8
12 Section 85 (heading)
9
Repeal the heading, substitute:
10
85 Payment of arrears--employer determination revoked before
11
coming into force
12
13 Subsection 85(1)
13
Repeal the subsection, substitute:
14
(1) This section applies if:
15
(a) the Secretary is required to pay an instalment to a person
16
under subsection 84(4) (which deals with payment of
17
instalments where an employer determination is revoked);
18
and
19
(b) the employer determination made for the person and the
20
person's employer has never come into force.
21
14 Subsection 85(3)
22
Omit "or (b)".
23
15 Section 93
24
Repeal the section.
25
16 Section 100
26
Repeal the section, substitute:
27
Schedule 2 Employer opt-in
Part 1 Amendments
38
Fairer Paid Parental Leave Bill 2016
No. , 2016
100 Guide to this Part
1
This Part is about employer determinations. An employer is only
2
required to pay instalments to a person if an employer
3
determination has been made and is in force for the employer and
4
the person.
5
An employer determination cannot be made unless certain
6
conditions are met. One of those conditions is that the employer
7
has made an election to pay instalments and that election applies to
8
the person.
9
Even though an employer determination is made, the obligations
10
on the employer to pay instalments to the person only arise when
11
the employer determination is in force. An employer determination
12
comes into force when the employer gives the Secretary an
13
acceptance notice. Once the determination comes into force, it
14
stays in force unless the Secretary revokes it.
15
17 Paragraphs 101(1)(b) and (c)
16
Repeal the paragraphs, substitute:
17
(b) the employer has made an election under section 109 to pay
18
instalments and that election applies to the person; and
19
(c) the person has consented in the claim to the employer paying
20
instalments to the person; and
21
18 Paragraph 101(1)(e)
22
Repeal the paragraph.
23
19 Paragraph 101(1)(f)
24
Omit "(c) to (e) are satisfied in relation to more than one employer of
25
the person (other than because of subsection (2))", substitute "(b) to (d)
26
are satisfied in relation to more than one employer of the person".
27
20 Subsection 101(2)
28
Repeal the subsection.
29
21 Section 103
30
Repeal the section, substitute:
31
Employer opt-in Schedule 2
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
39
103 Employer response to notice of employer determination
1
(1) If an employer is given a notice under section 102 that an employer
2
determination has been made, the employer may, within the period
3
referred to in subsection (2):
4
(a) give the Secretary a written notice (the acceptance notice)
5
that complies with section 104; or
6
(b) give the Secretary notice (the non-acceptance notice), orally
7
or in writing, declaring that the employer does not accept the
8
employer's obligations to pay instalments to the person.
9
(2) For the purposes of subsection (1), the period is 14 days, or such
10
longer period allowed by the Secretary, after the date of the notice
11
given under section 102.
12
22 Subsections 104(2) and (5)
13
Repeal the subsections.
14
23 Section 105
15
Repeal the section.
16
24 Subsection 107(1)
17
Omit "or (3)".
18
25 Subsection 107(2) (heading)
19
Repeal the heading.
20
26 Subsection 107(2)
21
Omit "or a compliance notice given under section 157".
22
27 Subsection 107(3)
23
Repeal the subsection.
24
28 Subsection 108(1) (after table item 1)
25
Insert:
26
1A
The employer has given a
non-acceptance notice for the person
under paragraph 103(1)(b).
The day of the revocation.
Schedule 2 Employer opt-in
Part 1 Amendments
40
Fairer Paid Parental Leave Bill 2016
No. , 2016
29 Subsection 108(1) (table item 2)
1
Omit "for the person as required by a compliance notice given for a
2
contravention of", substitute "or a non-acceptance notice for the person
3
in the period referred to in".
4
30 Subsection 108(6)
5
Repeal the subsection.
6
31 Subsection 109(1)
7
After "An employer", insert "who has an ABN".
8
32 Paragraph 109(2)(b)
9
Repeal the paragraph, substitute:
10
(b) contain the following information (bank account
11
information) about an account held and maintained by the
12
employer with a financial institution into which PPL funding
13
amounts can be paid:
14
(i) the account number;
15
(ii) the BSB number of the account;
16
(iii) the name in which the account is held;
17
(iv) the name of the financial institution.
18
33 Section 146 (table items 10 and 11)
19
Repeal the items.
20
34 Subsection 157(1)
21
Repeal the subsection, substitute:
22
Compliance notice given by Secretary
23
(1) This section applies if the Secretary reasonably believes that a
24
person has contravened subsection 82(2) (which deals with
25
notifying the Secretary if certain events happen).
26
35 Section 202
27
Omit:
28
Employer opt-in Schedule 2
Amendments Part 1
No. , 2016
Fairer Paid Parental Leave Bill 2016
41
The third kind of review is where an employer applies for internal
1
review of certain decisions that affect the employer (those
2
decisions are "employer determination decisions" and "employer
3
funding amount decisions"). Employer determination decisions can
4
only be reviewed on application, and not on the Secretary's own
5
initiative.
6
substitute:
7
The third kind of review is where an employer applies for internal
8
review of decisions that affect the employer in relation to PPL
9
funding amounts (those decisions are "employer funding amount
10
decisions").
11
36 Subsection 203(2) (note 1)
12
Repeal the note.
13
37 Subsection 203(2) (note 2)
14
Omit "Note 2", substitute "Note".
15
38 Subsection 205(1)
16
Omit ", 207".
17
39 Section 207
18
Repeal the section.
19
40 Subsection 209(2)
20
Omit ", other than an application under section 207 (which deals with
21
application for review of employer determination decisions),".
22
41 Paragraphs 210(2)(a) and (b)
23
Omit "an employer determination decision or".
24
42 Paragraph 212(1)(c)
25
Repeal the paragraph.
26
43 Subsection 212(5)
27
Omit "or (1)(c)".
28
Schedule 2 Employer opt-in
Part 1 Amendments
42
Fairer Paid Parental Leave Bill 2016
No. , 2016
44 Section 213
1
Omit "employer determination decisions and".
2
45 Paragraphs 223(1)(a), (b), (c) and (d)
3
Omit "an employer determination decision or".
4
46 Subsection 224(2)
5
Repeal the subsection.
6
47 Paragraph 224(3)(b)
7
Omit "; and", substitute ".".
8
48 Paragraph 224(3)(c)
9
Repeal the paragraph.
10
49 Subsection 278(1)
11
Omit "(1)".
12
50 Subsection 278(2)
13
Repeal the subsection.
14
51 Subsection 299(1)
15
Repeal the subsection, substitute:
16
(1) The PPL rules or the regulations may provide that a person may
17
make an election under section 109 to pay instalments to another
18
person if both persons are in a relationship that is similar to the
19
relationship between an employer and an employee.
20
Employer opt-in Schedule 2
Contingent amendments Part 2
No. , 2016
Fairer Paid Parental Leave Bill 2016
43
Part 2--Contingent amendments
1
Division 1
--Amendments if the Regulatory Powers
2
(Standardisation Reform) Act 2016 does not
3
commence before this Act
4
Paid Parental Leave Act 2010
5
52 Subsection 159(1)
6
Omit "one or more", substitute "either or both".
7
53 Paragraphs 159(1)(b) and (c)
8
Repeal the paragraphs.
9
Division 2
--Amendments if the Regulatory Powers
10
(Standardisation Reform) Act 2016 commences
11
before this Act
12
Paid Parental Leave Act 2010
13
54 Paragraphs 159(1)(b) and (c)
14
Repeal the paragraphs.
15
Division 3
--Amendments contingent on the Regulatory
16
Powers (Standardisation Reform) Act 2016
17
Paid Parental Leave Act 2010
18
55 Paragraphs 159(1)(b) and (c)
19
Repeal the paragraphs.
20
Schedule 2 Employer opt-in
Part 3 Application and transitional provisions
44
Fairer Paid Parental Leave Bill 2016
No. , 2016
Part 3--Application and transitional provisions
1
56 Application of amendments
2
The amendments made by this Schedule apply in relation to an
3
employer determination that is made on or after the commencement of
4
this item in relation to a claim for parental leave pay that is made
5
before, on or after that commencement.
6
57 Transitional provision
--elections made before
7
commencement
8
An election under section 109 of the Paid Parental Leave Act 2010 that
9
is in force immediately before the commencement of this item ceases to
10
be in force at that commencement.
11
58 Transitional provision
--revoking employer determinations
12
made before commencement
13
(1)
This item applies if:
14
(a) an employer determination was made before the
15
commencement of this item for a person and the person's
16
employer; and
17
(b) the determination had not been revoked before that
18
commencement; and
19
(c) the person's PPL period had not started before that
20
commencement.
21
(2)
The Secretary must revoke the determination.
22
(3)
The Paid Parental Leave Act 2010 applies as if a revocation under
23
subitem (2) of this item were made under subsection 108(1) of that Act.
24