Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 42 — Indexation of individual and family PPL income limits
Indexation day (1) Subject to subsection (2), the amount of the individual PPL income limit and the amount of the family PPL income limit are to be indexed under this Subdivision on 1 July each year…
Section 43 — The indexation factor
(1) The indexation factor is worked out using the following formula and applying subsections (2) and (3): where: base December quarter means the December quarter that has the highest index number of…
Section 44 — Rounding off indexed amounts
(1) If a provisional indexed amount is a multiple of $1.00, the provisional indexed amount becomes the indexed amount. (2) If a provisional indexed amount is not a multiple of $1.00, the indexed…
Section 45 — When a person satisfies the Australian residency test
(1) A person satisfies the Australian residency test on a day if, on that day, the person: (a) is an Australian resident; or (b) is a special category visa holder residing in Australia; or (c)…
Section 46 — Effect of absence from Australia on Australian residency test
(1) Despite section 45, a person does not satisfy the Australian residency test on a day (the relevant day) if: (a) before the relevant day, the person left Australia; and (b) on the relevant day,…
Section 47 — When a person is caring for a child
(1) A person is caring for a child on a day if the child is in the person’s care on that day. Note: More than one person may be caring for the same child on any particular day. (2) Despite subsection…
Section 51 — Guide to this Part
This Part is about claims for parental leave pay. A person cannot be paid parental leave pay unless the person has first made a claim for it. Division 2 sets out the rules about claims. There are 2…
Section 52 — Who can claim
Only a natural person can make a claim for parental leave pay.
Section 53 — Types of claims
(1) There are 2 types of claims for parental leave pay: (a) a PPL claim; and (b) a special PPL claim. (2) A PPL claim is a claim in the form approved by the Secretary for PPL claims. (3) A special…
Section 54 — Who can make a PPL claim or special PPL claim
PPL claim (1) Only the following people can make a PPL claim for a child: (a) the child’s birth mother; (b) an adoptive parent of the child; (c) a person who: (i) is a parent of the child; and (ii)…
Section 55 — When a claim is effective
(1) A claim for parental leave pay is not effective unless the requirements of the following provisions that apply to the claim are satisfied: (a) section 56 (which deals with the form etc. of the…
Section 56 — Requirements of the claim
(1) The claim for parental leave pay must: (a) be made in the form approved, and the manner required, by the Secretary for that type of claim; and (b) contain any information (including information…
Section 57A — Specification in claim of flexible PPL days for a child etc.
(1) A claim for parental leave pay for one or more flexible PPL days for a child must specify each of those days. (2) A flexible PPL day for the child specified in the claim must not be a day that is…
Section 58 — Expected date of birth
If the claim is a PPL claim and it is made before the child’s birth, the claim must specify the child’s expected date of birth.
Section 59 — Tax file number statement
(1) The claim for parental leave pay must contain the person’s tax file number statement, which is a statement of the kind set out in subsection (2), (3), (4) or (5). Statement of tax file number (2)…
Section 59A — Permission to make claims for flexible PPL days for a child
When permission is required for an effective claim (1) A PPL claim for parental leave pay for one or more flexible PPL days for a child that is made by the following persons is not an effective claim…
Section 60 — When to claim
A claim for parental leave pay for a flexible PPL day for a child must be made in the period that: (a) starts on the day that is 97 days before the expected date of birth of the child; and (b) ends…
Section 61 — Claim may be withdrawn or varied
(1) After making an effective claim for parental leave pay, the person may withdraw or vary the claim before a payability determination is made on it. (2) The person may only do so in a manner…
Section 62 — Guide to this Part
This Part is about instalments of parental leave pay. Parental leave pay is payable in instalments for regular periods called instalment periods. An instalment is payable to a person if one or more…
Section 63 — Instalments of parental leave pay
(1) Parental leave pay must be paid to a person in instalments. Who pays an instalment (2) An instalment is payable to a person, in accordance with sections 72, 84, 85, 86 and 87, by either: (a) the…
Section 64 — A person’s instalment period and the payday for an instalment
(1) A person’s instalment period, and the payday for an instalment that relates to an instalment period, are worked out according to the following rules. Note: Sections 93 and 94 affect when an…
Section 65 — The amount of an instalment
(1) The amount of an instalment payable to a person is the sum of the daily national minimum wage amounts for each day, during the instalment period to which the instalment relates, that is: (a) a…
Section 66 — Protection of instalment
(1) An instalment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. Note: Section 97 (which deals with the effect of a…
Section 67 — Deductions authorised by person
(1) An employer or the Secretary may deduct an amount from an instalment that is payable to a person if the deduction is: (a) authorised by the person; and (b) principally for the person’s benefit.…
Section 68 — Deductions for PAYG withholding
An employer or the Secretary (the payer) may deduct an amount from an instalment that is payable to a person if the payer is required to withhold the amount under section 12-110 in Schedule 1 to the…
Section 69 — Deductions relating to child support
(1) An employer may deduct an amount from an instalment that is payable to a person if the employer is required to deduct the amount under section 46 or 72A of the Child Support (Registration and…
Section 69A — Deductions to avoid overpayment of income support payment
If: (a) a payability determination that parental leave pay is payable to a person is made; and (b) an instalment for an instalment period becomes payable to the person by the Secretary on a…
Section 69B — Deductions relating to debt owed to the Commonwealth
The Secretary may deduct an amount from an instalment that is payable to a person if: (a) a determination under section 190A has been made in relation to the person; and (b) the deduction is made in…
Section 70 — No other deductions
(1) An amount must not be deducted from an instalment except in accordance with section 67, 68, 69, 69A or 69B. This subsection applies despite any other law of the Commonwealth, a State or a…
Section 71 — Guide to this Part
This Part is about the payment of instalments to a person by the person’s employer. Division 1A sets out when a person has a continuous flexible period. Under Division 2, an employer is required to…
Section 71A — When a person has a continuous flexible period
If: (a) either: (i) one or more payability determinations that parental leave pay is payable to a person for a period (the relevant period) of one or more flexible PPL days for a child are in force…
Section 72 — When an employer pays instalments
Employer determination in force on day during instalment period (1) An employer must pay an instalment to a person on the payday for the instalment if: (a) the instalment is payable to the person;…
Section 73 — When an employer has been paid enough to fund an instalment
An employer has been paid enough to fund an instalment for a person as at a day if the total of the PPL funding amounts paid to the employer for the person for a child before that day is at least the…
Section 74 — Method of payment of instalment payable by employer
An instalment payable to a person by an employer must be paid in money by one, or a combination, of the following methods: (a) cash; (b) cheque, money order, postal order or similar order, payable to…
Section 75 — Payment of PPL funding amounts
(1) The Secretary must pay one or more amounts (the PPL funding amounts) to a person’s employer if the Secretary is satisfied that: (a) an instalment was or is likely to be payable to the person; and…
Section 76 — Rules affecting the amount of a PPL funding amount
(1) A PPL funding amount for a person must not: (a) be less than the minimum amount for the PPL funding amount; or (b) be more than the sum of the following: (i) the minimum amount; (ii) the amount…
Section 77 — Notice requirements relating to PPL funding amounts
(1) The Secretary must give a written notice to an employer each time the Secretary pays a PPL funding amount to the employer for a person. (2) The notice must contain the following information: (a)…
Section 79 — Protection of PPL funding amounts
A PPL funding amount is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise, until it has been paid to the employer.
Section 80 — Giving person record of payment
An employer must, before the end of the next working day after paying an instalment to a person, give the person the information prescribed by the PPL rules in the form (if any) prescribed by the PPL…
Section 81 — Keeping records
(1) An employer must make, and keep for 7 years, records of the kind prescribed by the PPL rules in relation to each person for whom an employer determination for the employer comes into force. Note:…
Section 82 — Notifying Secretary if certain events happen
(1) If the Secretary makes an employer determination for a person and the person’s employer in relation to a child of the person, the employer must notify the Secretary if any of the following events…
Section 83 — Guide to this Part
This Part is about the payment of instalments to a person by the Secretary. The Secretary is required to pay instalments directly to a person if: (a) an employer determination is never made for the…
Section 84 — When the Secretary pays instalments
(1) If the Secretary is required under this section to pay an instalment to a person, the Secretary must do so on the payday for the instalment. Note: See section 96 for when the Secretary is taken…
Section 85 — Payment of arrears—employer determination reviewed or revoked before coming into force
(1) This section applies if: (a) the Secretary is required to pay an instalment to a person under subsection 84(3) (which deals with payment of instalments where an employer determination is…
Section 86 — Payment of arrears—employer determination revoked after coming into force
(1) This section applies if: (a) the Secretary revokes an employer determination that has come into force for a person and the person’s employer; and (b) the employer has not, as at the payday for…
Section 87 — Payment of arrears—extending continuous flexible period after review
(1) The Secretary must pay a person each instalment that is taken to have become payable to the person under section 92A. (2) The Secretary must pay the instalments as soon as practicable after the…
Section 88 — Method of payment of instalment payable by Secretary
(1) The Secretary must pay an instalment, or a part of an instalment, that the Secretary is required to pay to a person, to the credit of a bank account nominated and maintained by the person. (2)…
Section 89 — Giving person record of payment
If the Secretary pays an instalment, or part of an instalment, to or in relation to a person, in particular circumstances, the Secretary must give the person the information prescribed by the PPL…
Section 90 — Guide to this Part
This Part contains general rules that are relevant to the payment of instalments to a person, whether by the person’s employer or the Secretary. Some of those rules deem instalments to have become…
Section 91 — Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period
If: (a) the Secretary or a person’s employer (the payer) becomes required to pay an instalment to the person in relation to a child of the person after the start of the person’s continuous flexible…