Commonwealth Consolidated Acts

PAID PARENTAL LEAVE ACT 2010 - SECT 15

Certain claimants may give permission

  (1)   Permission for PPL claimants to claim parental leave pay for one or more flexible PPL days for a child may be given by the following persons:

  (a)   the child's birth mother;

  (b)   a person:

  (i)   who is an adoptive parent of the child; and

  (ii)   in respect of whom a payability determination under section   13 that parental leave pay for the child is payable is in force; and

  (iii)   who is the first adoptive parent of the child in respect of whom a payability determination under section   13 that parental leave pay for the child is payable has been made;

  (c)   an adoptive parent of the child who is nominated by the partner of an adoptive parent of the child to give permission to that partner.

  (2)   Permission for special PPL claimants to claim parental leave pay for flexible PPL days for a child may be given by a person:

  (a)   who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

  (b)   in respect of whom a payability determination under section   13 that parental leave pay for the child is payable is in force.

  (3)   The permission must:

  (a)   be given to the Secretary in the form approved by the Secretary; and

  (b)   specify the number of flexible PPL days for the child to whom the permission relates that may be claimed; and

  (c)   specify the person to whom the permission is given.

Note 1:   The maximum number of flexible PPL days for a child that is payable is worked out under sections   31AB and 31ABA.

Note 2:   The permission does not preclude the person giving the permission from claiming parental leave pay for some or all of the specified number of flexible PPL days for the child.

Variation and revocation of permission

  (4)   If a person has given a permission under subsection   (1) or (2), the person may:

  (a)   vary the number of flexible PPL days for the child specified in the permission; or

  (b)   revoke the permission.

  (5)   The variation or revocation must be given to the Secretary in the form approved by the Secretary.

  (6)   If:

  (a)   a payability determination that parental leave pay is payable to a person for one or more flexible PPL days for a child is in force in relation to a claim; and

  (b)   permission was given in relation to that claim under subsection   (1) or (2); and

  (c)   that permission is varied under paragraph   (4)(a);

then:

  (d)   the variation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is varied, have already occurred; and

  (e)   the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is varied:

  (i)   have not yet occurred; and

  (ii)   exceed the number of days specified in the permission, as varied; and

  (f)   the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph   (e).

Note:   Subsections   13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant.

  (7)   If:

  (a)   a payability determination is in force in relation to a claim made by a person; and

  (b)   permission was given in relation to that claim under subsection   (1) or (2); and

  (c)   that permission is revoked in relation to the person under paragraph   (4)(b);

then:

  (d)   the revocation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is revoked, have already occurred; and

  (e)   the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is revoked, have not yet occurred; and

  (f)   the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph   (e).

Note:   Subsections   13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant.