Paid Parental Leave Amendment (Work Test) Act 2019

No. 84, 2019

An Act to amend the Paid Parental Leave Act 2010, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Paid Parental Leave Act 2010 3

An Act to amend the Paid Parental Leave Act 2010, and for related purposes

[Assented to 28 October 2019]

The Parliament of Australia enacts:
1 Short title

This Act is the Paid Parental Leave Amendment (Work Test) Act 2019.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information 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. 28 October 2019
2. Schedule 1 1 January 2020. 1 January 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Paid Parental Leave Act 2010

 1 Section 6

Insert:

claimant’s work cessation day: see paragraph 33(2A)(c).

 2 Subsections 33(1) and (2)

Repeal the subsections, substitute:

Primary claimant’s work test period

the claimant’s work cessation day; or

the expected date of birth of the child; or

the claimant’s work cessation day; or

 1

(1) The work test period for the primary claimant is the 392 days immediately before:

 a

if:

 i

subsection (2A) applies in relation to the primary claimant; and

 ii

the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) or (c) of this subsection;

 b

if:

 i

the child of the primary claimant is born after the expected date of birth of the child; and

 ii

the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (c) of this subsection;

 c

otherwise—the day the child is born.

 2

(2) However, for the purposes of making an initial eligibility determination on a primary claim, the work test period for the primary claimant is the 392 days immediately before:

 a

if:

 i

subsection (2A) applies in relation to the primary claimant; and

 ii

the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) of this subsection;

 b

otherwise—the expected date of birth of the child.

 2A

This subsection applies in relation to a primary claimant if:

 a

the primary claimant is pregnant with the child or is the birth mother of the child; and

 b

the primary claimant is performing or performed paid work of a particular kind before the birth of the child; and

 c

(c) the primary claimant will cease or ceased performing that kind of work on a particular day (the claimant’s work cessation day) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and

 d

any conditions prescribed by the PPL rules are satisfied.

 3 Subsection 36(2)

Omit “56”, substitute “84”.

 4 Paragraph 36(3)(c)

Omit “56”, substitute “84”.

 5 Application of amendments

The amendments made by this Schedule apply in relation to a claim for parental leave pay for a child who:

[Minister’s second reading speech made in—

House of Representatives on 11 September 2019

Senate on 19 September 2019]

(166/19)

 a

(a) if the child is an adopted child—becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after the commencement of this item; or

 b

otherwise—is born on or after the commencement of this item.