Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 278B — Loss of parental leave pay for persons
(1) If a benefit restriction notice is given to the Minister in relation to a person, then while the notice is in force: (a) no parental leave pay is to be paid to the person; and (b) the person is…
Section 278C — Benefit restriction notice from ASIO Minister
(1) The ASIO Minister may give the Minister a written notice requiring that this Division apply in relation to a specified person if: (a) the Foreign Affairs Minister gives the ASIO Minister a notice…
Section 278D — Notice from Foreign Affairs Minister
If: (a) either: (i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian travel document; or (ii) under section 22 of that…
Section 278F — Copy of benefit restriction notice to be given to Secretaries
The Minister must give a copy of a benefit restriction notice to: (a) the Secretary of the Department; and (b) the Human Services Secretary.
Section 278G — Period benefit restriction notice is in force
A benefit restriction notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
Section 278H — Revoking a benefit restriction notice
(1) If the AFP Minister or the ASIO Minister has given a benefit restriction notice, that Minister may, by written notice given to the Minister, revoke the benefit restriction notice. (2) The…
Section 278J — Notices may contain personal information
A notice under this Division in relation to a person may contain personal information (within the meaning of the Privacy Act 1988) about the person.
Section 278K — Decisions under Division not decisions of officers
For the purposes of Chapter 5, a decision under this Division is taken not to be a decision of an officer under this Act.
Section 278L — Notices not legislative instruments
A notice under this Division is not a legislative instrument.
Section 279 — Guide to this Part
This Part is about payment nominees (who are people who can receive payments of instalments of parental leave pay on behalf of other people for the purposes of this Act) and correspondence nominees…
Section 280 — Appointment of payment nominee
(1) The Secretary may, in writing: (a) appoint a person (including a body corporate) to be the payment nominee of another person for the purposes of parental leave pay; and (b) direct that the whole…
Section 281 — Appointment of correspondence nominee
(1) The Secretary may, in writing, appoint a person (including a body corporate) to be the correspondence nominee of another person for the purposes of parental leave pay. Note: The Secretary must…
Section 282 — Provisions relating to appointments
(1) A person may be appointed as the payment nominee and the correspondence nominee of the same person. (2) The Secretary must not appoint a nominee for a person (the proposed principal) under…
Section 283 — Suspension and cancellation of nominee appointments
(1) If a person who is appointed as a nominee under section 280 or 281 informs the Secretary in writing that the person no longer wishes to be a nominee under that appointment, the Secretary must, as…
Section 284 — Payment of instalments to payment nominee
(1) If: (a) a person has a payment nominee; and (b) the whole or a part of an instalment is payable to the person; and (c) the Secretary has given a direction in relation to the instalment under…
Section 285 — Actions of correspondence nominee on behalf of principal
Correspondence nominee for parental leave pay (1) If a person has a correspondence nominee for parental leave pay, any act that may be done by the person under, or for the purposes of, this Act…
Section 286 — Giving of notices to correspondence nominee
(1) If a person has a correspondence nominee for parental leave pay, any notice that the Secretary is required or authorised by this Act to give to the person in relation to parental leave pay may be…
Section 287 — Compliance by correspondence nominee
(1) If, under section 286, a notice making a PPL requirement of a person is given to the person’s correspondence nominee, the following paragraphs have effect: (a) for the purposes of this Act, other…
Section 288 — Nominee to inform Department of matters affecting ability to act as nominee
(1) The Secretary may give a nominee of a person a notice that requires the nominee to inform the Department if: (a) either: (i) an event or change of circumstances happens; or (ii) the nominee…
Section 289 — Statement by payment nominee regarding disposal of money
(1) The Secretary may give the payment nominee of a person a notice that requires the nominee to give the Department a statement about a matter relating to the disposal by the nominee of an…
Section 290 — Protection of principal against liability for actions of nominee
Nothing in this Part has the effect of rendering a principal guilty of an offence against this Act in relation to any act or omission of the principal’s correspondence nominee.
Section 291 — Protection of nominee against criminal liability
(1) A nominee of a principal is not subject to any criminal liability under this Act in relation to: (a) any act or omission of the principal; or (b) anything done, in good faith, by the nominee in…
Section 292 — Duty of nominee to principal
(1) It is the duty of a person who is the payment or correspondence nominee of a principal at all times to act in the best interests of the principal. (2) A nominee does not commit a breach of the…
Section 293 — Saving of Secretary’s powers of revocation
Nothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.
Section 294 — Saving of Secretary’s powers to give notices to principal
Nothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of this Act to give notices to, or make requirements of, a person who has a nominee.
Section 295 — Notification of nominee where notice given to principal
If, under a provision of this Act (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the correspondence nominee…
Section 296 — Right of nominee to attend with principal
(1) If: (a) under a provision of this Act (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and (b) the notice requires the person: (i)…
Section 297 — Guide to this Part
This Part deals with miscellaneous matters. Division 2 provides for the Paid Parental Leave Rules. The PPL rules are made by the Minister by legislative instrument. They are subordinate legislation…
Section 298 — The PPL rules
The Minister may, by legislative instrument, make rules providing for matters: (a) required or permitted by this Act to be provided; or (b) necessary or convenient to be provided in order to carry…
Section 299 — Extension of Act to persons who are not employees and employers
(1) The PPL rules or the regulations may provide that the Secretary may make an employer determination under Part 3-5 for persons who are in a relationship that is similar to the relationship between…
Section 300 — Jurisdiction of Federal Court
Jurisdiction is conferred on the Federal Court in relation to civil matters arising under this Act.
Section 301 — Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to civil matters arising under this Act.
Section 302 — General administration
The Secretary has, subject to any direction of the Minister, the general administration of this Act.
Section 303 — Delegation
General powers (1) The Secretary may, in writing, delegate all or any of his or her powers under this Act (other than paragraph 128(1)(b) (which deals with disclosing information to Agency Heads))…
Section 304 — Decisions to be in writing
A decision of an officer under this Act must be in writing.
Section 305 — Secretary may arrange for use of computer programs to make decisions
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary may make decisions under this Act. (2) A decision made by the…
Section 306 — Notice of decisions
(1) Notice of a decision under this Act is taken, for the purposes of this Act, to have been given to a person if written notice of the decision is: (a) delivered to the person personally; or (b)…
Section 307 — Appropriation
Payments under this Act (other than payments of instalments by employers under Division 2 of Part 3-2) are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Section 307A — Review of the operation of this Act
(1) The Minister must cause a comprehensive review of the general operation of this Act to be begun by 31 January 2013. (2) The review must consider the following matters: (a) the amount of time off…
Section 308 — Regulations
The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…