Paid Parental Leave Act - Australia

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the person has been paid parental leave pay for the child under a different claim; or

      (b) if the person is the primary claimant:

      (i) the person’s partner has been paid parental leave pay for the child; or

      (ii) a former partner of the person was paid parental leave pay for the child when he or she was the person’s partner; or

      (c) if the person is the secondary claimant:

      (i) the person’s partner has been paid parental leave pay for the child (other than as the primary claimant to which the person’s secondary claim relates); or

      (ii) a former partner of the person was paid parental leave pay for the child when he or she was the person’s partner (other than as the primary claimant to which the person’s secondary claim relates).

      (2) Subsection (1) does not apply to a claim that is made in exceptional circumstances.

      Division 4—General provisions applying to determinations about whether parental leave pay is payable

      22 Assumptions when making the determination

      In deciding whether to make a payability determination, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

      23 When the determination is in force

      A payability determination comes into force on the day it is made and continues in force unless it is:

      (a) revoked under section 25 (which deals with revoking a payability determination on the claimant’s request); or

      (b) set aside under Chapter 5 (which deals with review of decisions).

      24 Notice of the determination

      If the Secretary makes a payability determination, the Secretary must give a notice of the determination to the claimant, stating:

      (a) whether parental leave pay is payable; and

      (b) if parental leave pay is payable — the claimant’s PPL period; and

      (c) that the claimant may apply for review of the determination in the manner set out in Chapter 5.

      25 Revoking the determination on request

      (1) If:

      (a) a payability determination is made that parental leave pay is payable to a person; and

      (b) the person requests the Secretary to revoke the determination; and

      (c) the request is made:

      (i) before the start of the person’s PPL period; and

      (ii) in a manner approved by the Secretary;

      then the Secretary must revoke the determination.

      (2) The revocation is taken to have come into force on the day the person requested the Secretary to revoke the determination.

      Division 5—Initial eligibility determinations

      26 Initial eligibility determinations

      Primary claimants

      (1) If a person makes an effective primary claim, the Secretary may make a determination (the initial eligibility determination) that the person is initially eligible for parental leave pay for the child if, when making the determination, the Secretary is satisfied that the person satisfies:

      (a) the work test; and

      (b) the income test; and

      (c) the Australian residency test.

      Secondary claimants

      (2) If a person makes an effective secondary claim, the Secretary may make a determination (the initial eligibility determination) that the person is initially eligible for parental leave pay for the child if, when making the determination, the Secretary is satisfied that the person:

      (a) satisfies:

      (i) the work test; and

      (ii) the income test; and

      (iii) the Australian residency test; or

      (b) will satisfy those tests on the day the person becomes the child’s primary carer.

      27 Assumptions when making the initial eligibility determination

      In deciding whether to make an initial eligibility determination, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

      28 When the initial eligibility determination comes into force

      An initial eligibility determination comes into force on the day it is made.

      29 Notice of the initial eligibility determination

      If the Secretary makes an initial eligibility determination, the Secretary must give a notice of the determination to the claimant.

      Part 2–3—Eligibility for parental leave pay

      Division 1—Guide to this Part

      30 Guide to this Part

      This Part sets out when a person is eligible for parental leave pay. The Secretary cannot make a payability determination that parental leave pay is payable if the person is not eligible for it.

      Division 2 sets out when a person is eligible for parental leave pay. Subsection 31(2) deals with the main case and requires that for a person to be eligible for parental leave pay for a child, the person must (broadly):

      (a) satisfy the work test, the income test and the Australian residency test; and

      (b) be the child’s primary carer; and

      (c) not have returned to work; and

      (d) not be entitled to baby bonus.

      There are other eligibility criteria that apply for more unusual cases — see subsection 31(3) (which deals with when a child is stillborn or dies) and subsection 31(4) (which allows the PPL rules to prescribe eligibility criteria).

      Division 3 has the work test. To satisfy the work test, a person must have performed enough paid work or taken enough paid leave in a particular period before the day the child was born (for a primary claimant) or the day the person became the child’s primary carer (for a secondary claimant).

      Division 4 has the income test. To satisfy the income test, the person’s income for a particular income year must not be more than the PPL income limit (which is $150,000 until 30 June 2014 and then indexed).

      Division 5 has the Australian residency test. To satisfy this test, the person must be an Australian resident or be in a special class of visa holder.

      Division 6 sets out when a person is the primary carer of a child. For the main case, a person will not be eligible for parental leave pay if the person is not the child’s primary carer.

      Division 7 sets out when a person returns to work after the birth of a child. For the main case, a person will not be eligible for parental leave pay if the person performs more than one hour of work other than for a permissible purpose. There are 2 permissible purposes. One is where the person performs the work for another entity on a keeping in touch day with that entity. The other is where the person performs the work for a business that the person carries on and the work consists of overseeing the business or is an occasional administrative task.

      Division 2—When a person is eligible for parental leave pay

      31 When a person is eligible for parental leave pay

      (1) This section sets out when a person is eligible for parental

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