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Waiver of debts—arising from offence Waiver of debts—small debts Waiver of debts—settlement of civil actions Waiver of debts—special circumstances Waiver of debts—determined classes Secretary may make departure prohibition orders Departure from Australia of debtors prohibited Notification requirements for departure prohibition orders Operation of departure prohibition order Revocation and variation of departure prohibition orders Notification requirements for revocations and variations Application for departure authorisation certificate When Secretary must issue departure authorisation certificate What departure authorisation certificate must authorise..

Notification requirements for substituted days Jurisdiction of courts Orders of court on appeal Review of decisions Production of authority to depart Meaning of Australia Overseas application of debts Debts arising from civil penalty orders Internal review—review following application Internal review—application for review of claimant decision..

Internal review—withdrawal of application Internal review—notice of decision relating to employer Application of this Division Person who made the decision Procedure on receipt of application for AAT first review Hearing of AAT first review in private Costs of AAT first review Notification of decisions and reasons for AAT first review Applications for AAT second review Parties to an AAT second review Failure of party to appear Authorised review officers Settlement of proceedings before the AAT How this Act applies to an adopted child Primary carers when a child is stillborn or dies How this Act applies to Commonwealth employment Simplified outline of this Division Security notice from Home Affairs Minister Notice from Foreign Affairs Minister Copy of security notice to be given to Secretaries Period security notice is in force Annual review of security notice Revoking a security notice Notices may contain personal information Decisions under Division not decisions of officers Notices not legislative instruments Appointment of payment nominee Appointment of correspondence nominee Provisions relating to appointments Suspension and cancellation of nominee appointments Payment of instalments to payment nominee Payment of dad and partner pay to payment nominee Actions of correspondence nominee on behalf of principal Giving of notices to correspondence nominee Compliance by correspondence nominee Protection of principal against liability for actions of nominee Protection of nominee against criminal liability Duty of nominee to principal Notification of nominee where notice given to principal.

Right of nominee to attend with principal The PPL rules Jurisdiction of Federal Court Jurisdiction of Federal Circuit Court General administration Decisions to be in writing Secretary may arrange for use of computer programs to make decisions Notice of decisions Review of the operation of this Act An Act to provide for a paid parental leave scheme, and for related purposes. This Act provides for the payment of parental leave pay and dad and partner pay in the first year after the birth of a child or, for adoption, the placement of a child.

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Parental leave pay is paid to a person for a particular period. The maximum period for which any person may be paid parental leave pay is 18 weeks. Dad and partner pay is paid by the Secretary. A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. The Secretary cannot make that determination if the person is not eligible for parental leave pay. For the main case, to be eligible a person must broadly :. The Secretary also cannot make that determination if the person has not made a claim for parental leave pay.

There are 3 types of claims: a primary claim, a secondary claim and in rare cases a tertiary claim. These claims relate to each other, although the primary claim is the main one—a secondary or tertiary claim cannot be made without it. The primary claim will often be the only claim that is made. If a secondary or tertiary claim is made, that claim will be for the part of the maximum 18 week period or lesser period in which parental leave pay was not payable to the primary claimant.

The employer is only required to do that if an employer determination has come into force for the employer and the person, and the employer has been paid enough by the Secretary to fund the instalment. The Secretary is required to do that if an employer determination is never made for the person e. There are some other circumstances in which the Secretary is also required to pay instalments directly to the person such as when an employer determination is being reviewed or has been revoked. If an employer determination is in force for an employer and a person, the employer must pay instalments to the person.

The Secretary must be satisfied that certain conditions have been met before the Secretary can make an employer determination. A person can only be paid dad and partner pay if the Secretary makes a determination that dad and partner pay is payable to the person. The Secretary cannot make that determination if the person is not eligible for dad and partner pay. The Secretary also cannot make that determination if the person has not made a claim for dad and partner pay. Generally, dad and partner pay is paid by the Secretary as a single payment. It also deals with the confidentiality of personal and protected information.

It allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer has not complied with certain obligations under this Act. It also deals with civil penalty provisions, compliance notices and infringement notices. It also allows a person whose interests are affected by certain types of decisions to seek internal review of those decisions, and an employer to seek internal review of certain types of decisions that affect employers. This review is called AAT first review.

This review is called AAT second review. This Part is about the terms that are defined in this Act. The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act.

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If another provision defines the term, the Dictionary will have a signpost to that definition. Australian government employer means:. Australian resident has the same meaning as in the Social Security Act. Australian travel document has the same meaning as in the Australian Passports Act Commonwealth agency means any of the following:.

DAPP claimant means a person who has made an effective claim for dad and partner pay for a child. Federal Court means the Federal Court of Australia. PPL is short for paid parental leave. PPL agency representative means:. Secretary means the Secretary of the Department.

This Part has the key provisions for this Chapter which deals with when parental leave pay is payable to a person. The Secretary cannot make that determination if the person has not made a claim for parental leave pay. If the Secretary makes a determination that parental leave pay is payable to a person for a child, the parental leave pay is payable for the particular period that is specified in the determination.

The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person was or will be eligible for parental leave pay during the period. The Secretary cannot make a determination that parental leave pay is payable to a person for a child for a period unless the person has made:.


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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 leave pay unless there is a payability determination that parental leave pay is payable to the person. Different rules apply depending on the type of claim and, for a primary or secondary claim, whether it was made by itself or at the same time as another claim. These determinations can be made by the Secretary before the Secretary makes a payability determination.

The Secretary can make an initial eligibility determination if the Secretary is satisfied that the person satisfies, or will satisfy, particular eligibility criteria the work test, the income test and the Australian residency test. If the Secretary makes a determination, the Secretary must give a notice of it to the claimant. When parental leave pay is payable to primary claimant. When parental leave pay is not payable to primary claimant. When parental leave pay is payable to secondary claimant. When parental leave pay is not payable to secondary claimant. When a tertiary claim is to be determined under this section.

When parental leave pay is payable to tertiary claimant. When parental leave pay is not payable to tertiary claimant. The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:. 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 will remain unchanged.

A payability determination about parental leave pay comes into force on the day it is made and continues in force unless it is:. If the Secretary makes a payability determination about parental leave pay, the Secretary must give a notice of the determination to the claimant, stating:. 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 determination will remain unchanged. An initial eligibility determination about parental leave pay comes into force on the day it is made.

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If the Secretary makes an initial eligibility determination about parental leave pay, the Secretary must give a notice of the determination to the claimant. 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. A previous PPL period and previous DAPP period of the person may be taken into account in working out whether the person satisfies the work test for a subsequent child.

To satisfy this test, the person must be an Australian resident or be in a special class of visa holder. For the main case, a person will not be eligible for parental leave pay if the person performs more than one hour of work other than for a permissible purpose.

There are 2 permissible purposes. One is where the person performs the work for another entity on a keeping in touch day with that entity. The other is where the person performs the work for a business that the person carries on and the work consists of overseeing the business or is an occasional administrative task.

Maternity leave in the United States

To work out whether a person satisfies the work test on a day, use the following method statement:. Step 1. Step 2. Work out the days in the work test period on which the person has and has not performed qualifying work. Step 3. Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break.

Step 4. Work out whether there is a period a qualifying period of consecutive days in the work test period that are days:.

Step 5. If the person has performed at least hours of qualifying work in a qualifying period, the person satisfies the work test. Permissible break at the start of the work test period. A person also satisfies the work test on a day if:. A claimant for parental leave pay also satisfies the work test on a day if the Secretary is satisfied that the claimant is eligible for dad and partner pay for the child.

Subdivision A — The income test. The reference income year for a person is:. The report also noted that it would take newer workers four years to accrue enough paid leave sick leave and annual leave to equal the 12 weeks of unpaid parental leave provided under the FMLA, and that private sector companies which offer paid parental leave have a significant advantage over the federal government in the recruitment and retention of younger workers who may wish to have children.