Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Paid Parental Leave Act 2010.
Section 2 — Commencement
This Act commences on 1 October 2010.
Section 3 — Act binds Crown
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence.
Section 3A — Objects of this Act
(1) This Act establishes a paid parental leave scheme for the payment of parental leave pay and paid parental leave superannuation contributions. (2) The objects of the paid parental leave scheme are…
Section 3AA — Norfolk Island
This Act extends to Norfolk Island.
Section 4 — Guide to this Act
Overview This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child. Parental leave pay is payable to a person for a child for a…
Section 5 — Guide to this Part
This Part is about the terms that are defined in this Act. Division 2 has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be…
Section 6 — The Dictionary
In this Act: ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. acceptance notice: see section 103. ADI (short for…
Section 7 — Guide to this Part
This Part has the key provisions for this Chapter (which deals with when parental leave pay is payable to a person). A person can only be paid parental leave pay if the Secretary makes a…
Section 11A — A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person
Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under…
Section 11B — For a determination to be made, the person must be eligible
The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for…
Section 11C — For a determination to be made, the person must claim
The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made: (a) an effective PPL…
Section 11D — Flexible PPL day
A day is a flexible PPL day for a child if the day occurs in the period that: (a) starts on the day the child is born; and (b) ends on the day before the child’s second birthday.
Section 12 — Guide to this Part
This Part is about the Secretary making determinations about whether parental leave pay is payable to a person. These determinations are payability determinations. A person cannot be paid parental…
Section 13 — Determination on a PPL claim
When a claim is to be determined under this section (1) If: (a) a PPL claimant has made an effective PPL claim for parental leave pay for a child; and (b) one or more flexible PPL days for the child…
Section 14 — Determination on a special PPL claim
When a claim is to be determined under this section (1) If: (a) a special PPL claimant has made an effective special PPL claim for parental leave pay for a child; and (b) one or more flexible PPL…
Section 15 — Permission to claim flexible PPL days for a child
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…
Section 18 — The child’s birth has not been verified
(1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a child unless a PPL claimant has verified the child’s birth. Verifying a child’s birth…
Section 19B — Parental leave pay not payable to COVID-19 affected claimant if child born after 31 March 2021
If a person is a COVID-19 affected claimant in relation to a claim for parental leave pay for a child of the person, the Secretary must not make a payability determination that parental leave pay is…
Section 20 — Multiple births
The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if: (a) the child and another child are born during the same multiple birth; and (b)…
Section 21 — Limit on number of flexible PPL days for which parental leave pay is payable to more than one person
(1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a flexible PPL day (the relevant day) for a child if: (a) the effect of one or more…
Section 22 — Assumptions when making the determination
In deciding whether to make a payability determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination…
Section 23 — When the determination is in force
A payability determination about parental leave pay 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…
Section 24 — Notice of the determination
If the Secretary makes a payability determination about parental leave pay for a child, the Secretary must give the claimant a notice stating: (a) whether parental leave pay is payable; and (c) if…
Section 25 — Revoking the determination on request
(1) If: (a) a payability determination is made that parental leave pay is payable to a person for a flexible PPL day for a child; and (b) the person requests the Secretary to revoke the…
Section 26A — Initial eligibility determinations relating to flexible PPL days for a child
The Secretary may make a determination (the initial eligibility determination) that a person is initially eligible for parental leave pay for one or more flexible PPL days for a child if: (a) the…
Section 27 — Assumptions when making the initial eligibility determination
In deciding whether to make an initial eligibility determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the…
Section 28 — When the initial eligibility determination comes into force
An initial eligibility determination about parental leave pay comes into force on the day it is made.
Section 29 — Notice of the initial eligibility determination
If the Secretary makes an initial eligibility determination about parental leave pay, the Secretary must give a notice of the determination to the claimant.
Section 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.…
Section 31A — Newly arrived resident’s waiting period
When person subject to newly arrived resident’s waiting period (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if, on or after the commencement of this…
Section 31AA — When a person is eligible for parental leave pay on a flexible PPL day for a child
(1) A person is eligible for parental leave pay on a flexible PPL day for a child if: (a) the person is eligible for parental leave pay on the day under subsection (2), (3), (4) or (5); and (b) the…
Section 31ABA — Maximum number of flexible PPL days
Total limit in relation to child (1) For the purposes of subsections 31AB(2), (4) and (5), the number of flexible PPL days for a child is: (a) for a child born before 1 July 2024—100 flexible PPL…
Section 31AB — When a person is not eligible for parental leave pay on a flexible PPL day for a child
When a person is not eligible (1) A person (the relevant claimant) is not eligible for parental leave pay on a day that is a flexible PPL day for a child if subsection (2), (3), (4), (5), (6), (7) or…
Section 32 — When a person satisfies the work test
To work out whether a person satisfies the work test on a day, use the following method statement: Method statement Step 1. Work out the person’s work test period. Note: Work test period is defined…
Section 33 — The work test period—claimants other than COVID-19 affected claimants
Application of section (1A) This section applies in relation to a PPL claimant or special PPL claimant who is not a COVID-19 affected claimant in relation to a claim for parental leave pay for a…
Section 33A — The work test period—COVID-19 affected claimants
The work test period for a PPL claimant or special PPL claimant who is a COVID-19 affected claimant in relation to a claim for parental leave pay for a child is the work test period that would apply…
Section 34 — When a person performs qualifying work
(1) A person performs qualifying work on a day if at least one of the following applies on the day: (a) the person performs at least one hour of paid work; (b) the person takes a period of paid leave…
Section 35 — When a person performs paid work
People other than self-employed (1) A person performs paid work on a day if, on that day, the person performs work (whether as an employee, a contractor or otherwise and whether or not in Australia)…
Section 35A — Hours of qualifying work on a flexible PPL day
If person does not perform paid work or take paid leave on previous flexible PPL day (1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a…
Section 35B — Hours of qualifying work on a day in a jobkeeper payment period
(1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a jobkeeper payment period for the person, the person is…
Section 35C — Hours of qualifying work on a day in a COVID-19 Australian Government payment period
(1) For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a COVID-19 Australian Government payment period for the…
Section 36 — When there is a permissible break
(1) A permissible break is any of the periods in subsections (2) and (3). Permissible break between 2 qualifying work days (2) If, between a day on which the person performed qualifying work (a…
Section 36A — Premature birth or pregnancy-related complications or illness
(1) A person also satisfies the work test on a day if: (a) the Secretary is satisfied that either or both of the following circumstances existed: (i) if the person is covered by subsection (2)—the…
Section 36AA — Special circumstances
A person also satisfies the work test on a day if: (a) the Secretary is satisfied that special circumstances of a kind prescribed by the PPL rules for the purposes of this paragraph exist in relation…
Section 37 — When a person satisfies the income test
(1) A person satisfies the income test on a day: (a) that is a flexible PPL day for a child of the person; or (b) on which a conditional eligibility determination or initial eligibility determination…
Section 38 — A person’s adjusted taxable income
A person’s adjusted taxable income for an income year is worked out in accordance with Schedule 3 to the Family Assistance Act (disregarding subclause 2(2) and clauses 3 and 3A of that Schedule).…
Section 39 — The reference income year
The reference income year for a person is: (a) the income year that ended before the earlier of: (i) the day the person made the claim; and (ii) the day the child was born.
Section 40 — The relevant individual PPL income limit and relevant family PPL income limit
(1) The relevant individual PPL income limit for a PPL claimant or special PPL claimant is the individual PPL income limit that applies on the earlier of the following days: (a) the day the person…
Section 41 — The individual PPL income limit and family PPL income limit
(1) The individual PPL income limit that applies on a day is: (a) if the day is on or after 1 October 2010 but before 1 July 2021—$150,000; and (b) if the day is on or after an indexation day (the…