PAID PARENTAL LEAVE ACT 2010

11A. A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person
11B. For a determination to be made, the person must be eligible
11C. For a determination to be made, the person must claim
11D. Flexible PPL day

PART 2-2--DETERMINATIONS ABOUT WHETHER PARENTAL LEAVE PAY IS PAYABLE TO A PERSON

Division 1--Guide to this Part

12. Guide to this Part

Division 2--Determination about whether parental leave pay for a flexible PPL day is payable to a person

13. Determination on a PPL claim
14. Determination on a special PPL claim
15. Permission to claim flexible PPL days for a child

Division 3--When the Secretary cannot make a determination that parental leave pay is payable

18. The child's birth has not been verified
19B. Parental leave pay not payable to COVID - 19 affected claimant if child born after 31 March 2021
20. Multiple births
21. Limit on number of flexible PPL days for which parental leave pay is payable to more than one person

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

22. Assumptions when making the determination
23. When the determination is in force
24. Notice of the determination
25. Revoking the determination on request

Division 5--Initial eligibility determinations about parental leave pay

26A. Initial eligibility determinations relating to flexible PPL days for a child
27. Assumptions when making the initial eligibility determination
28. When the initial eligibility determination comes into force
29. Notice of the initial eligibility determination

PART 2-3--ELIGIBILITY FOR PARENTAL LEAVE PAY

Division 1--Guide to this Part

30. Guide to this Part

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

31AA. When a person is eligible for parental leave pay on a flexible PPL day for a child
31AB. When a person is not eligible for parental leave pay on a flexible PPL day for a child
31ABA. Maximum number of flexible PPL days
31A. Newly arrived resident's waiting period

Division 3--The work test

32. When a person satisfies the work test
33. The work test period --claimants other than COVID - 19 affected claimants
33A. The work test period --COVID - 19 affected claimants
34. When a person performs qualifying work
35. When a person performs paid work
35A. Hours of qualifying work on a flexible PPL day
35B. Hours of qualifying work on a day in a jobkeeper payment period
35C. Hours of qualifying work on a day in a COVID - 19 Australian Government payment period
36. When there is a permissible break
36A. Premature birth or pregnancy - related complications or illness
36AA. Special circumstances

Division 4--The income test

Subdivision A--The income test

37. When a person satisfies the income test
38. A person's adjusted taxable income
39. The reference income year
40. The relevant individual PPL income limit and relevant family PPL income limit
41. The individual PPL income limit and family PPL income limit

Subdivision B--Indexation of

42. Indexation of individual and family PPL income limits
43. The indexation factor
44. Rounding off indexed amounts

Division 5--The Australian residency test

45. When a person satisfies the Australian residency test
46. Effect of absence from Australia on Australian residency test

Division 6--Caring for a child

47. When a person is caring for a child

PART 2-4--CLAIMS FOR PARENTAL LEAVE PAY

Division 1--Guide to this Part

51. Guide to this Part

Division 2--Claims for parental leave pay

52. Who can claim
53. Types of claims
54. Who can make a PPL claim or special PPL claim
55. When a claim is effective
56. Requirements of the claim
57A. Specification in claim of flexible PPL days for a child etc.
58. Expected date of birth
59. Tax file number statement
59A. Permission to make claims for flexible PPL days for a child
60. When to claim
61. Claim may be withdrawn or varied

CHAPTER 3--Payment of parental leave pay

PART 3-1--INSTALMENTS OF PARENTAL LEAVE PAY

Division 1--Guide to this Part

62. Guide to this Part

Division 2--Instalments of parental leave pay

63. Instalments of parental leave pay
64. A person's instalment period and the payday for an instalment
65. The amount of an instalment
66. Protection of instalment
67. Deductions authorised by person
68. Deductions for PAYG withholding
69. Deductions relating to child support
69A. Deductions to avoid overpayment of income support payment
69B. Deductions relating to debt owed to the Commonwealth
70. No other deductions

PART 3-2--PAYMENT OF INSTALMENTS BY EMPLOYER

Division 1--Guide to this Part

71. Guide to this Part

Division 1A--Continuous flexible periods

71A. When a person has a continuous flexible period

Division 2--Payment of instalments by employer

72. When an employer pays instalments
73. When an employer has been paid enough to fund an instalment
74. Method of payment of instalment payable by employer

Division 3--PPL funding amounts

75. Payment of PPL funding amounts
76. Rules affecting the amount of a PPL funding amount
77. Notice requirements relating to PPL funding amounts
79. Protection of PPL funding amounts

Division 4--Obligations of employer relating to paying instalments

80. Giving person record of payment
81. Keeping records
82. Notifying Secretary if certain events happen

PART 3-3--PAYMENT OF INSTALMENTS BY SECRETARY

Division 1--Guide to this Part

83. Guide to this Part

Division 2--Payment of instalments by Secretary

84. When the Secretary pays instalments
85. Payment of arrears--employer determination reviewed or revoked before coming into force
86. Payment of arrears--employer determination revoked after coming into force
87. Payment of arrears--extending continuous flexible period after review
88. Method of payment of instalment payable by Secretary
89. Giving person record of payment

PART 3-4--GENERAL RULES RELEVANT TO PAYING INSTALMENTS

Division 1--Guide to this Part

90. Guide to this Part

Division 2--General rules relevant to paying instalments

91. Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period
92A. Effect of extending a person's continuous flexible period after review
93. Effect on instalment periods of employer determination coming into force after review
94. Effect on instalment periods of revocation etc.
95. Paying instalment on payday for later instalment--no later instalment
96. Paying instalment on particular day--complying with obligation
97. Effect of garnishee etc. order
98. Exemption from operation of workers' compensation and accident compensation laws
99. Period receiving parental leave pay is not a period of paid leave
99A. Payment of paid parental leave does not affect other employer obligations

PART 3-5--EMPLOYER DETERMINATIONS

Division 1--Guide to this Part

100. Guide to this Part

Division 2--Making employer determinations

101. Making employer determinations
102. Secretary must give notice of employer determination
103. Employer must respond to notice of employer determination
104. Requirements for an acceptance notice
105. Giving bank account and pay cycle information etc. after review
106. Effect of decision on review that parental leave pay is payable

Division 3--When an employer determination is in force

107. When an employer determination comes into force
108. Revocation of an employer determination

Division 4--Election by employer to pay instalments

109. Election by employer to pay instalments
110. Employer may withdraw an election
111. Secretary may cancel an election
112. When an election is in force

Division 5--Notice of decisions

113. Notice of outcome of a payability determination
114. Notice of varying, setting aside etc. payability determination
115. Notice of other decisions

CHAPTER 3A--Paid Parental Leave Superannuation Contributions

PART 1--PAYABILITY--AND AMOUNT OF PPL SUPERANNUATION CONTRIBUTION

Division 1--Guide to this Part

115A. Guide to this Part

Division 2--Payability and amount of PPL superannuation contribution

115B. Person for whom PPL superannuation contribution payable
115C. Amount of PPL superannuation contribution
115D. Commissioner's determination

PART 2--PAYMENT--OF PPL SUPERANNUATION CONTRIBUTIONS

Division 1--Guide to this Part

115E. Guide to this Part

Division 2--How payments are made

115F. Commissioner to determine where PPL superannuation contribution is to be directed
115G. Return of PPL superannuation contribution that cannot be credited to account
115H. Payment of PPL superannuation contribution
115J. Commissioner to give payment information

Division 3--Underpayments

115K. Underpayment determinations
115L. Return of underpaid amount that cannot be credited to account
115M. Interest amount if underpaid amount paid late in certain circumstances
115N. Interest amount if underpaid amount due to administrative error

Division 4--Overpayments

115P. Recovery of overpayment of PPL superannuation contribution

Division 5--General interest charge

115Q. When general interest charge payable

PART 3--ENFORCEMENT

Division 1--Guide to this Part

115R. Guide to this Part

Division 2--Record keeping

115S. Records to be kept and retained by superannuation provider

Division 3--Infringement notices

115T. When an infringement notice can be served
115U. Matters to be included in an infringement notice
115V. Withdrawal of infringement notice
115W. What happens if penalty is paid
115X. More than one infringement notice may not be served for the same offence
115Y. Infringement notice not required to be served
115Z. Commissioner may extend period for payment of penalty

PART 4--ADMINISTRATION

Division 1--Guide to this Part

115ZA. Guide to this Part

Division 2--Administration of this Chapter

115ZB. Commissioner to have general administration of this Chapter
115ZC. Decisions to be in writing
115ZD. Commissioner may arrange for use of computer programs to make decisions
115ZE. Tax file numbers

Division 3--Review of decisions

115ZF. Review of decisions
115ZG. Authorised review officers
115ZH. Withdrawal of review applications

CHAPTER 4--Compliance and enforcement

PART 4-1--INFORMATION GATHERING

Division 1--Guide to this Part

116. Guide to this Part

Division 2--Information gathering

Subdivision A--Gathering information from any person

116A. Reasonable belief needed to require information or documents
117. General power to obtain information
118. Power to obtain information from a person who owes a debt to the Commonwealth
119. Obtaining information about a person who owes a debt to the Commonwealth
120. Written notice of requirement
121. Relationship with other laws
122. Offence--failure to comply with requirement
122A. Self - incrimination
122B. Use of information in investigations etc.

Subdivision B--Gathering information relating to tax file numbers

123. Secretary may require Commissioner of Taxation to provide tax file numbers etc.
124. Purposes for which tax file numbers may be used

Subdivision C--Obligation to notify of change of circumstances

125. Obligation to notify of change of circumstances

Division 3--Confidentiality

126. Operation of Division
127. Obtaining and using protected information
128. Disclosing personal information
129. Offence--unauthorised access to protected information
130. Offence--unauthorised use of protected information
130A. Disclosure of information by ART members--threat to life, health or welfare
131. Offence--soliciting disclosure of protected information
132. Offence--offering to supply protected information

Division 4--Offences against Parts 7.3 and 7.4 of the Criminal Code

133. Repayment of instalment of parental leave pay or PPL funding amount
134. Penalty where person convicted of more than one offence
135. Joining of charges
136. Particulars of each offence
137. Trial of joined charges
138. Evidentiary effect of Secretary's certificate
139. Enforcement of court certificate as judgment

PART 4-2--COMPLIANCE

Division 1--Guide to this Part

140. Guide to this Part

Division 2--Referring matters to the Fair Work Ombudsman

141. Functions of the Fair Work Ombudsman
142. Exercise of compliance powers
143. Referring matters to the Fair Work Ombudsman
144. Fair Work Ombudsman to notify of outcome of investigation

Division 3--Civil penalty orders

146. Civil penalty provisions
147. Civil penalty orders
156. Requirement for person to assist in applications for civil penalty orders

Division 4--Compliance notices

157. Giving a compliance notice
158. Fair Work Ombudsman to notify of outcome of compliance notice

Division 5--Infringement notices

159. Infringement notices

PART 4-3--DEBT RECOVERY

Division 1--Guide to this Part

164. Guide to this Part

Division 2--Main debts recoverable under this Act

165. Debts due to the Commonwealth
166. Parental leave pay instalment debts--instalments paid by employer
167. Parental leave pay instalment debts--instalments paid by the Secretary
168. PPL funding amount debts--amounts not paid as parental leave pay instalments
169. Wrong person receives parental leave pay instalment or PPL funding amount
170. Joint and several liability for debts arising because of false and misleading statements
171. Debts under the Data - matching Program (Assistance and Tax) Act 1990

Division 3--Parental leave pay recoverable by employees from employers

172. PPL funding amount debts--debts owing by employers to employees

Division 4--Debt notices and interest on debts

173. Notices in respect of debt
174. Interest charge--no debt payment arrangement in effect
175. Interest charge--failure to comply with or termination of debt payment arrangement
176. Other rules for interest charge
177. What is the interest charge rate ?
178. Exemption from interest charge--general
179. Exemption from interest charge--Secretary's determination
180. Guidelines on interest charge provisions

Division 5--How the Commonwealth can recover debts

181. Debts to which Division 5 applies
182. How to recover debts
183. Legal proceedings
184. Garnishee notices--general
185. Garnishee notices--amounts paid in compliance
186. Garnishee notices--debt for failure to comply with notice
187. Garnishee notices--offence for non - compliance
188. Garnishee notices--relationship with other laws
190. Payment of debts by arrangement
190A. Secretary may determine amounts to be deducted from instalments payable to debtor
191. Deductions from instalments payable to another person
192. Recovery from an ADI
192A. No time limit on debt recovery action

Division 6--Writing off debts

193. When debts can be written off

Division 7--Waiver of debts

194. Waiver of debts--general
195. Waiver of debts--administrative error
196. Waiver of debts--arising from offence
197. Waiver of debts--small debts
198. Waiver of debts--settlement of civil actions
199. Waiver of debts--special circumstances
200. Waiver of debts--determined classes

Division 7A--Departure prohibition orders

Subdivision A--Secretary may make departure prohibition orders

200A. Secretary may make departure prohibition orders

Subdivision B--Departure from Australia of debtors prohibited

200B. Departure from Australia of debtors prohibited

Subdivision C--Other rules for departure prohibition orders

200C. Notification requirements for departure prohibition orders
200D. Operation of departure prohibition order
200E. Revocation and variation of departure prohibition orders
200F. Notification requirements for revocations and variations

Subdivision D--Departure authorisation certificates

200G. Application for departure authorisation certificate
200H. When Secretary must issue departure authorisation certificate
200J. Security for person's return to Australia
200K. What departure authorisation certificate must authorise
200L. Notification requirements for departure authorisation certificates
200M. Notification requirements for substituted days

Subdivision E--Appeals and review in relation to departure prohibition orders and departure authorisation certificates

200N. Appeals to courts against making of departure prohibition orders
200P. Jurisdiction of courts
200Q. Orders of court on appeal
200R. Review of decisions

Subdivision F--Enforcement

200S. Powers of officers of Customs and members of the Australian Federal Police
200T. Privilege against self - incrimination
200U. Production of authority to depart

Subdivision G--Interpretation

200V. Interpretation--departure from Australia for foreign country
200W. Meaning of Australia

Division 8--Miscellaneous

201. Overseas application of debts
201A. Debts arising from civil penalty orders

CHAPTER 5--Review of decisions

PART 5-1--INTERNAL REVIEW OF DECISIONS

Division 1--Guide to this Part

202. Guide to this Part

Division 2--Internal review of decisions

203. Internal review--own - initiative review by Secretary
204. Internal review--own - initiative review and tribunal review
205. Internal review--review following application
206. Internal review--application for review of claimant decision
207. Internal review--application for review of employer determination decision
208. Internal review--application for review of employer funding amount decision
209. Internal review--withdrawal of application
210. Internal review--when decision made on review comes into force
211. Internal review--notice of decision on review of claimant decision
212. Internal review--notice of decision relating to employer

PART 5-2--OF CERTAIN DECISIONS

Division 1--Guide to this Part

213. Guide to this Part

Division 2--of claimant decisions

215. Application of this Division
216. ART review of claimant decision--application for review

Division 3--of employer decisions

223. Application of this Division
224. ART review of employer decision--application for review

Division 4--Other matters relating to

224A. Person who made the decision
224B. Decision - maker taken to have elected not to participate in ART review proceeding
225. Operation and implementation of decision under ART review
225A. Remitting decisions for reconsideration
225B. Requesting reasons for decision
225C. Legal or financial assistance
226. Variation of original decision after application is made for ART review
227. Procedure on receipt of application for certain ART reviews
230. ART's power to obtain information for ART review
231. ART may require Secretary to obtain information for ART review
232. Hearing of certain ART reviews in private
233. Costs of ART review
234. When ART decision on ART review comes into force

PART 5-4--OTHER MATTERS RELATING TO REVIEW

Division 1--Guide to this Part

270. Guide to this Part

Division 2--Other matters relating to review

271. Authorised review officers
272. Review body may determine events to have happened, or not to have happened
273. Certain income test determinations not to be changed on review
273A. Settlement of proceedings before the ART

CHAPTER 6--Miscellaneous

PART 6-1--HOW THIS ACT APPLIES IN PARTICULAR CIRCUMSTANCES

Division 1--Guide to this Part

274. Guide to this Part

Division 2--How this Act applies to an adopted child

275. How this Act applies to an adopted child

Division 3--How this Act applies to claims made in exceptional circumstances and other cases

276. How this Act applies to claims made in exceptional circumstances
277. Caring for a child when a child is stillborn or dies

Division 4--How this Act applies to Commonwealth employment

278. How this Act applies to Commonwealth employment

Division 5--Loss of parental leave pay for persons on security grounds

278A. Simplified outline of this Division
278B. Loss of parental leave pay for persons on security grounds
278C. Security notice from Home Affairs Minister
278D. Notice from Foreign Affairs Minister
278F. Copy of security notice to be given to Secretaries
278G. Period security notice is in force
278GA. Annual review of security notice
278H. Revoking a security notice
278J. Notices may contain personal information
278K. Decisions under Division not decisions of officers
278L. Notices not legislative instruments

PART 6-2--NOMINEES

Division 1--Guide to this Part

279. Guide to this Part

Division 2--Appointment of nominees

280. Appointment of payment nominee
281. Appointment of correspondence nominee
282. Provisions relating to appointments
283. Suspension and cancellation of nominee appointments

Division 3--Payment to payment nominee

284. Payment of instalments to payment nominee

Division 4--Functions and responsibilities of nominees

285. Actions of correspondence nominee on behalf of principal
286. Giving of notices to correspondence nominee
287. Compliance by correspondence nominee
288. Nominee to inform Department of matters affecting ability to act as nominee
289. Statement by payment nominee regarding disposal of money

Division 5--Other matters relating to nominees

290. Protection of principal against liability for actions of nominee
291. Protection of nominee against criminal liability
292. Duty of nominee to principal
293. Saving of Secretary's powers of revocation
294. Saving of Secretary's powers to give notices to principal
295. Notification of nominee where notice given to principal
296. Right of nominee to attend with principal

PART 6-3--OTHER MATTERS

Division 1--Guide to this Part

297. Guide to this Part

Division 2--The Paid Parental Leave Rules

298. The PPL rules
299. Extension of Act to persons who are not employees and employers

Division 3--Jurisdiction of courts

300. Jurisdiction of Federal Court
301. Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)

Division 4--Other matters

302. General administration
303. Delegation
304. Decisions to be in writing
305. Secretary may arrange for use of computer programs to make decisions
306. Notice of decisions
307. Appropriation
307A. Review of the operation of this Act
308. Regulations

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback