Section 71IA — Parental Leave and Employment Protection Act 1987: Discretion to approve irregular applications

71IA Discretion to approve irregular applications (1) The department may approve the making of a parental leave payment to an employee or a self-employed person despite an irregularity in his or her application for the payment. (2) In deciding whether to approve the making of a parental leave payment under subsection (1) , the department must have regard to— (a) the extent of the irregularity (including whether the extent of the irregularity was reasonable in all of the circumstances); and (b) whether the employee or self-employed person was acting in good faith. (3) However, the department may not exercise its discretion under this section if the matter giving rise to the irregularity is disputed between an employee and an employer. (4) The department may, in order to approve the application, amend or waive the irregularity or extend the time within which anything is to be or may be done, subject to terms, if any, that the department thinks fit in the circumstances of the application. (5) In this section, irregularity means— (a) failing to make the application for payment before the relevant date in section 71I ; or (b) applying in a manner other than that prescribed in the regulations; or (c) failing to specify all the matters or include all the documents prescribed in the regulations; or (d) failing to state whether the employee wishes to transfer all or part of the entitlement under section 71E ; or (e) otherwise applying irregularly in matter of form. Section 71IA was inserted, as from 1 July 2006, by section 31 Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment.