Paid Parental Leave Act. Australia

Чтение книги онлайн.

СКАЧАТЬ a child

      (1) A person is the primary carer of a child on a day in the person’s reference period if:

      (a) the child is in the person’s care in that period; and

      (b) the person meets the child’s physical needs more than anyone else in that period.

      (2) A person’s reference period is the period that is determined by the Secretary for the purposes of making a payability determination on the person’s claim.

      (3) Only one person can be a child’s primary carer on a particular day.

      (4) Despite subsection (1), a person is not the primary carer of a child on a day if, before that day, the child has died.

      Division 7—Return to work

      48 When a person returns to work

      A person returns to work on a day that is on or after the birth of a child if, on that day, the person performs one hour or more of paid work other than for a permissible purpose.

      49 When paid work is for a permissible purpose

      Permissible purpose for people other than self-employed

      (1) If a person performs paid work on a day for another entity (see subsection 35(1)), the person does so for a permissible purpose if:

      (a) the person performs the work for the entity as an employee, defence force member or law enforcement officer; and

      (b) the day is a keeping in touch day with the entity and would otherwise be a day of leave in a period of leave granted by that entity; and

      (c) the person has not already performed paid work on 10 keeping in touch days (whether with the entity or another entity).

      Permissible purpose for self-employed

      (2) If a person performs paid work on a day for a business in the situation referred to in subsection 35(3), the person does so for a permissible purpose if the work performed by the person consists of overseeing the business or is an occasional administrative task for the purposes of the business.

      50 Performing paid work on a keeping in touch day

      A day on which a person performs paid work for an entity on a day that would otherwise be a day of leave in a period of leave granted by that entity is a keeping in touch day if:

      (a) the purpose of performing the work is to enable the person to keep in touch with his or her employment or engagement in order to facilitate a return to that employment or engagement after the end of the period of leave; and

      (b) both the person and the entity consent to the person performing work for the entity on that day; and

      (c) the day is not within 14 days after the day the child was born.

      Part 2–4—Claims for parental leave pay

      Division 1—Guide to this Part

      51 Guide to this Part

      This Part is about claims for parental leave pay. A person cannot be paid parental leave pay unless the person has first made a claim for it.

      Division 2 sets out the rules about claims. 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. However, it will often be the only claim that is made. Section 54 sets out who can make a primary claim, a secondary claim or a tertiary claim.

      The Secretary cannot make a payability determination on a claim unless it is an effective claim. To be effective, the claim must be made by the right person and satisfy the requirements in the provisions listed in section 55. One of those requirements is that the claim must be in the form, and contain the information, required by the Secretary (see section 56). Another requirement is that the claim must be made in the period set out in section 60.

      Division 2—Claims for parental leave pay

      52 Who can claim

      Only a natural person can make a claim.

      53 Types of claims

      (1) There are 3 types of claims:

      (a) a primary claim; and

      (b) a secondary claim; and

      (c) a tertiary claim.

      (2) A primary claim is a claim in the form approved by the Secretary for primary claims.

      (3) A secondary claim is a claim in the form approved by the Secretary for secondary claims.

      (4) A tertiary claim is a claim in the form approved by the Secretary for tertiary claims.

      (5) For the purposes of subsections (2), (3) and (4), the Secretary may approve:

      (a) different forms for different types of claims; and

      (b) different forms for the same type of claim.

      54 Who can make a primary claim, secondary claim or tertiary claim

      Primary claim

      (1) Only the following people can make a primary claim for a child:

      (a) the child’s birth mother;

      (b) an adoptive parent of the child;

      (c) a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a primary claim can be made.

      Secondary claim

      (2) Only the following people can make a secondary claim for a child:

      (a) the partner of a primary claimant;

      (b) a person who:

      (i) is a parent of the child; and

      (ii) is not the primary claimant;

      (c) a partner of a person covered by paragraph (b);

      (d) a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a secondary claim can be made.

      Tertiary claim

      (3) Only a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a tertiary claim can be made can make a tertiary claim for a child.

      55 СКАЧАТЬ