Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 200R — Review of decisions
(1) Applications may be made to the ART for review of a decision of the Secretary under section 200E, 200H or 200J. (2) Despite any provision of Chapter 5, that Chapter does not apply in relation to…
Section 200S — Powers of officers of Customs and members of the Australian Federal Police
(1) This section applies if an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, believes on reasonable grounds that: (a) a person is about to depart…
Section 200T — Privilege against self-incrimination
(1) An individual is not excused from answering a question, or producing a document, under paragraph 200S(2)(b) on the ground that the answer to the question or the production of the document might…
Section 200U — Production of authority to depart
(1) If: (a) a departure prohibition order in respect of a person is in force; and (b) the person is about to depart from Australia for a foreign country; and (c) the person’s departure is authorised…
Section 200V — Interpretation—departure from Australia for foreign country
A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the…
Section 200W — Meaning of Australia
For the purposes of this Division, Australia, when used in a geographical sense, includes the external Territories.
Section 201 — Overseas application of debts
The operation of a provision creating a debt under this Part (except for section 171) extends to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and…
Section 201A — Debts arising from civil penalty orders
This Part does not apply to a debt arising from a civil penalty order under the Regulatory Powers Act.
Section 202 — Guide to this Part
This Part is about the internal review of decisions of officers under this Act. Division 2 sets out 3 kinds of internal review of those decisions. The first kind of review is where the Secretary, on…
Section 203 — Internal review—own-initiative review by Secretary
(1) The Secretary may, on his or her own initiative, review a decision of an officer under this Act if the Secretary is satisfied that there is enough reason to review the decision. (2) However, the…
Section 204 — Internal review—own-initiative review and tribunal review
The Secretary must give the ART Principal Registrar written notice of a decision under subsection 203(4) if, when the Secretary makes the decision, an application has been made to the ART for review…
Section 205 — Internal review—review following application
(1) If an application is made under section 206, 207 or 208 for review of a decision, the Secretary or an authorised review officer must: (a) review the decision; and (b) do one of the following: (i)…
Section 206 — Internal review—application for review of claimant decision
Claimant decisions (1) This section applies to a decision of an officer under this Act, unless the decision is: (a) a decision under Part 3-2 (which deals with the payment of instalments by…
Section 207 — Internal review—application for review of employer determination decision
Scope (1) This section applies to a decision (an employer determination decision) of an officer under section 101 to make an employer determination. (2) A reference in subsection (1) to a decision of…
Section 208 — Internal review—application for review of employer funding amount decision
Scope (1) This section applies to a decision of an officer under section 75 to pay a PPL funding amount to an employer. (2) A reference in subsection (1) to a decision of an officer includes a…
Section 209 — Internal review—withdrawal of application
(1) A person or an employer who has applied to the Secretary for review of a decision may withdraw the application at any time before the review has been completed. (2) If an application for review…
Section 210 — Internal review—when decision made on review comes into force
(1) A decision under subsection 203(4) or paragraph 205(1)(b) (the review decision) to vary a decision or to set aside a decision and substitute a new decision comes into force on the day that would…
Section 211 — Internal review—notice of decision on review of claimant decision
Scope (1) This section applies if a person (the decision-maker) makes a decision under subsection 203(4) or paragraph 205(1)(b) in relation to a claimant decision. Notice (2) The decision-maker must…
Section 212 — Internal review—notice of decision relating to employer
Scope (1) This section applies if a person (the decision-maker) makes a decision under subsection 203(4) or paragraph 205(1)(b) in relation to: (a) an employer funding amount decision; or (b) any…
Section 213 — Guide to this Part
This Part is about the review by the Administrative Review Tribunal of decisions that have been internally reviewed under Part 5-1, and of decisions made personally by particular PPL agency…
Section 215 — Application of this Division
(1) This Division applies to the following decisions: (a) if a claimant decision has been affirmed under paragraph 203(4)(a) or subparagraph 205(1)(b)(i)—the claimant decision as affirmed; (b) if a…
Section 216 — ART review of claimant decision—application for review
(1) An application may be made to the ART for review (ART review) of an ART reviewable claimant decision. (2) However, a person cannot make an application referred to in subsection (1) in the…
Section 223 — Application of this Division
(1) This Division applies to the following decisions: (a) if an employer determination decision or an employer funding amount decision has been affirmed under Part 5-1—the decision as affirmed; (b)…
Section 224 — ART review of employer decision—application for review
(1) An application may be made by an employer to the ART for review (ART review) of an ART reviewable employer decision that relates to the employer. (1A) If a guidance and appeals panel application…
Section 224A — Person who made the decision
For the purposes of ART review of a decision, a reference in the ART Act to the decision-maker for the decision is taken to be a reference to: (a) the Secretary; and (b) either of the following, if…
Section 224B — Decision-maker taken to have elected not to participate in ART review proceeding
For the purposes of ART review of a decision, the decision-maker for the decision is taken to have given the ART an election notice (within the meaning of the ART Act) in relation to a kind of…
Section 225 — Operation and implementation of decision under ART review
Subsection 32(2) (ART may stay operation or implementation) of the ART Act does not apply in relation to a proceeding for ART review unless the proceeding is in relation to a guidance and appeals…
Section 225A — Remitting decisions for reconsideration
Section 85 (ART may remit decision to decision-maker for reconsideration) of the ART Act does not apply in relation to a proceeding for ART review unless the proceeding is in relation to a guidance…
Section 225B — Requesting reasons for decision
Section 268 (requesting reasons for reviewable decision from decision-maker) of the ART Act does not apply in relation to a decision for which an application for ART review may be made.
Section 225C — Legal or financial assistance
(1) Subsection 294(1) (legal or financial assistance for applicants) of the ART Act does not apply in relation to: (a) a person who proposes to apply to the ART for ART review; or (b) a person who…
Section 226 — Variation of original decision after application is made for ART review
(1) If an officer varies or substitutes a decision after an application has been made for ART review of the decision, the application is taken to be an application for ART review of the decision as…
Section 227 — Procedure on receipt of application for certain ART reviews
(1) The ART may, in relation to an application for ART review (other than a guidance and appeals panel application), request the Secretary to lodge with the ART the statement and other documents…
Section 230 — ART’s power to obtain information for ART review
(1) If the ART reasonably believes that a person has information that is relevant to an ART review and the person is not a party to the review, the ART may, by written notice given to the person,…
Section 231 — ART may require Secretary to obtain information for ART review
(1) If the ART reasonably believes that a person will be able to give information, or produce a document, that is relevant to an ART review, the ART may, for the purposes of the review, request the…
Section 232 — Hearing of certain ART reviews in private
(1) This section applies in relation to a proceeding for ART review if the ART is constituted for the purposes of the proceeding otherwise than by the guidance and appeals panel. (2) The hearing of…
Section 233 — Costs of ART review
(1) Subject to subsection (4), a party to an ART review must bear any expenses incurred by the party in relation to the review. (2) The ART may determine that the Commonwealth is to pay the…
Section 234 — When ART decision on ART review comes into force
Claimant decision (1) A decision of the ART on ART review: (a) to vary an ART reviewable claimant decision; or (b) to set aside an ART reviewable claimant decision and substitute a new decision;…
Section 270 — Guide to this Part
This Part contains miscellaneous provisions relating to reviews.
Section 271 — Authorised review officers
The Secretary may, in writing, authorise an officer to be an authorised review officer for the purposes of this Act.
Section 272 — Review body may determine events to have happened, or not to have happened
(1) This section applies if the Secretary or the ART (the review body) is reviewing a decision for the purposes of this Chapter. (2) If the review body is satisfied that an event did not happen that…
Section 273 — Certain income test determinations not to be changed on review
(1) This section applies to a review being done for the purposes of this Chapter by an officer or the ART (the review body) if: (a) the review involves (wholly or partly) a review of a decision (the…
Section 273A — Settlement of proceedings before the ART
(1) The Secretary may agree, in writing, with other parties to settle proceedings before the ART if the proceedings are an ART review and they relate to the recovery of a debt. (2) If proceedings are…
Section 274 — Guide to this Part
This Part has rules that modify this Act so that it applies correctly in 3 limited kinds of cases—adoption, claims made in exceptional circumstances etc. and Commonwealth employment. Division 2…
Section 275 — How this Act applies to an adopted child
(1) This Act applies in relation to an adopted child that satisfies the requirements of subsection (2) as if: (a) a reference to the birth of a child were a reference to the placement of the child;…
Section 276 — How this Act applies to claims made in exceptional circumstances
This Act (other than subsection 18(3), which deals with birth registration) applies in relation to a claim that is made in exceptional circumstances as if: (a) a reference to the birth of a child…
Section 277 — Caring for a child when a child is stillborn or dies
(1) If: (a) a claim is made for parental leave pay for a child; and (b) before or after the claim is made, the child is stillborn or dies; then this Act (other than sections 31AA and 47) applies as…
Section 278 — How this Act applies to Commonwealth employment
(1) This Act applies in relation to a person who is engaged by or on behalf of the Commonwealth as an employee, to perform functions in a Commonwealth agency as if: (a) the employee were employed by…
Section 278A — Simplified outline of this Division
Persons may lose parental leave pay if they: (a) are the subject of an arrest warrant in respect of a serious violent or sexual offence; or (b) might prejudice the security of Australia or a foreign…
Section 278BA — Benefit restriction notice from AFP Minister
(1) The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified person if: (a) the person is the subject of an arrest warrant issued in…
Section 278GA — Annual review of benefit restriction notice
Before the end of the following periods, the Minister who gave a benefit restriction notice must consider whether to revoke the benefit restriction notice (if it has not already been revoked): (a) 12…