Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
In force
Text
Details
Authorises
Downloads
All versions
Interactions
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
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
F2021L00384
31 March 2021
-
03 September 2021
Legislation text
View document
Select value
Legislative instrument
Explanatory statement
Supplementary explanatory statement
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Simplified outline of this instrument
6 Definitions
7 Meaning of incapable of caring for a child
Collapse
Part 2—Eligibility for parental leave pay
Collapse
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
Collapse
Subdivision A—Prescribed conditions for claimants
9 Prescribed conditions for primary claimants
10 Prescribed conditions for secondary claimants—general
11 Prescribed conditions for secondary claimants—exceptional circumstances
12 Prescribed conditions for tertiary claimants
Subdivision B—Criteria relating to prescribed conditions
13 Birth mother relinquishing child
14 Child in hospital following birth
15 Transitioning care arrangements
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—Exemption to newly arrived resident’s waiting period
21 Exemption to waiting period—primary and secondary claimants making joint claims with secondary claimant to get all the parental leave pay
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
Collapse
Part 3—Claims for parental leave pay
Collapse
Division 1—Simplified outline of this Part
25 Simplified outline of this Part
Collapse
Division 2—Claims for parental leave pay
26 Exceptional circumstances for primary claimants—general
27 Exceptional circumstances for primary claimants—surrogacy arrangements
28 Exceptional circumstances for secondary claimants
29 Exceptional circumstances for tertiary claimants
Collapse
Division 3—Determining a claim to have different flexible PPL days
30 Determining a claim to have different flexible PPL days
Collapse
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
Collapse
Part 5—Determinations about whether dad and partner pay is payable to a person
35 Simplified outline of this Part
36 Prescribed circumstances—dad and partner pay payable if determination in force to pay to another person for the child
Collapse
Part 6—Eligibility for dad and partner pay
Collapse
Division 1—Simplified outline of this Part
37 Simplified outline of this Part
Collapse
Division 2—Matters relating to when a DAPP claimant is eligible for dad and partner pay
38 Prescribed conditions—DAPP claimants
39 Care exception—temporary inability to care
40 Care exception—loss of care for child
41 Work exception—recall to duty
42 Work exception—summons or other compulsory process
43 Work exception—State, Territory or national emergency
Collapse
Division 3—Circumstances that are taken to be not working
44 Prescribed circumstances in which DAPP claimant taken to be not working
Collapse
Part 7—Claims for dad and partner pay
45 Simplified outline of this Part
46 Prescribed circumstance—partner of a child’s primary carer when care arrangements change
47 Prescribed circumstance—partner of the biological father of the child
48 Prescribed circumstance—partner of an adoptive parent of the child
49 Prescribed circumstance—surrogacy arrangements
Collapse
Part 8—Payment of dad and partner pay by Secretary
50 Simplified outline of this Part
51 Record of payment
Collapse
Part 9—Disclosing information
Collapse
Division 1—Simplified outline of this Part
52 Simplified outline of this Part
Collapse
Division 2—Guidelines for disclosing information
Collapse
Subdivision A—General
53 Guidelines for disclosing information
54 Matters to which Secretary must have regard
55 When public interest certificate may be given
Collapse
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
Collapse
Part 10—Debt recovery
72 Simplified outline of this Part
73 Settlement interest
Collapse
Part 11—Extension of Act to persons who are not employees and employers
Collapse
Division 1—Simplified outline of this Part
74 Simplified outline of this Part
Collapse
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
Collapse
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
Collapse
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
Collapse
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
Collapse
Part 12—Application, saving and transitional provisions
Collapse
Division 1—Simplified outline of this Part
83 Simplified outline of this Part
Collapse
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
Collapse
87 Transitional—extension of Act to persons who are not employees and employers
Collapse
Schedule 1—Repeals
Paid Parental Leave Rules 2010