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Paid Parental Leave Rules 2021
In force
Administered by
Department of Social Services
This item is authorised by the following title:
Paid Parental Leave Act 2010
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F2024C00505 (C04)
18 June 2024
-
30 June 2024
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Table of contents
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Part 1—Preliminary
1 Name
3 Authority
5 Simplified outline of this instrument
6 Definitions
7 Meaning of incapable of caring for a child
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Part 1A—Determinations about whether parental leave pay is payable to a person
7A Simplified outline of this Part
7B Limit on number of flexible PPL days for which parental leave pay is payable to more than one person
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Part 2—Eligibility for parental leave pay
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Division 1—Simplified outline of this Part
8 Simplified outline of this Part
Division 2—Matters relating to when a person is eligible for parental leave pay
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Subdivision A—Prescribed conditions for claimants
9 Prescribed conditions for persons other than special PPL claimants in exceptional circumstances
10 Prescribed conditions for special PPL claimants in exceptional circumstances
Subdivision B—Criteria relating to prescribed conditions
13 Birth mother relinquishing child
14 Child in hospital following birth
16 Temporary inability to care
17 Loss of care for child
18 Recall to duty
19 Summons or other compulsory process
20 State, Territory or national emergency
Subdivision C—When a person is not eligible for parental leave pay
21 Prescribed conditions for claimants when partnered
21A Prescribed conditions for claimants—surrogacy arrangements
Division 3—Matters relating to the work test
22 Certain unpaid leave taken to be paid leave
23 Certain activities not taken to be paid work
24 Calculating hours of qualifying work on a day in a jobkeeper payment period
24A Calculating hours of qualifying work on a day in a COVID 19 Australian Government payment period
24B Special circumstances—satisfying the work test on a day
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Part 3—Claims for parental leave pay
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Division 1—Simplified outline of this Part
25 Simplified outline of this Part
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Division 2—Claims for parental leave pay
26 Exceptional circumstances for PPL claims—general
27 Exceptional circumstances for PPL claims—surrogacy arrangements
28 Exceptional circumstances for special PPL claims
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Division 3—Determining a claim to have different flexible PPL days
30 Determining a claim to have different flexible PPL days
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Part 4—Payment of parental leave pay
31 Simplified outline of this Part
32 Employer giving person record of payment—prescribed information and form
33 Employer records to be made and kept
34 Secretary giving person record of payment—prescribed information
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Part 9—Disclosing information
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Division 1—Simplified outline of this Part
52 Simplified outline of this Part
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Division 2—Guidelines for disclosing information
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Subdivision A—General
53 Guidelines for disclosing information
54 Matters to which Secretary must have regard
55 When public interest certificate may be given
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Subdivision B—Covered disclosures for public interest certificates
56 Threat to life, health or safety
57 Enforcement of laws
58 Protecting the Commonwealth
59 Proceeds of crime order
60 Mistake of fact
61 Ministerial briefing
62 Missing person
63 Establishing death of person or place where death is registered
64 Deceased person
65 Research, statistical analysis and policy development
66 Establishment and operation of the Family Responsibilities Commission
67 Reparations
68 Child protection agencies
69 Public Housing Administration
70 Matters of relevance to a Department
71 APS Code of Conduct investigations
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Part 10—Debt recovery
72 Simplified outline of this Part
73 Settlement interest
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Part 11—Extension of Act to persons who are not employees and employers
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Division 1—Simplified outline of this Part
74 Simplified outline of this Part
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Division 2—Extension of Act to law enforcement officers of certain States and Territories
75 Extension of Act to persons who are not employees and employers—law enforcement officers of certain States and Territories
76 Modification of Act—law enforcement officers of certain States and Territories
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Division 3—Extension of Act to Queensland law enforcement officers
77 Extension of Act to persons who are not employees and employers—Queensland law enforcement officers
78 Modification of Act—Queensland law enforcement officers
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Division 4—Extension of Act to Australian Federal Police
79 Extension of Act to persons who are not employees and employers—Australian Federal Police
80 Modification of Act—Australian Federal Police
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Division 5—Extension of Act to defence force members
81 Extension of Act to persons who are not employees and employers—defence force members
82 Modification of Act—defence force members
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Part 12—Application, saving and transitional provisions
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Division 1—Simplified outline of this Part
83 Simplified outline of this Part
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Division 2—Paid Parental Leave Rules 2010
84 Application—claims made on or after 1 April 2021
85 Saving—claims made before 1 April 2021
86 Application—disclosure of information
87 Transitional—extension of Act to persons who are not employees and employers
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Division 3—Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Rules 2023
88 Application of amendments
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history