Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
PAID PARENTAL LEAVE AMENDMENT
(COVID-19 WORK TEST) BILL 2021
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Minister for Families and Social Services, Senator the Hon Anne Ruston)
PAID PARENTAL LEAVE AMENDMENT
(COVID-19 WORK TEST) BILL 2021
OUTLINE
These amendments allow the Secretary discretion to grant parental leave pay
to a person where they do not meet the work test in special circumstances
prescribed by the PPL Rules, such as domestic violence, natural disaster or
severe illness, where the person would have satisfied the work test if those
circumstances had not existed.
Financial impact statement
The financial impact of these amendments is:
MEASURE FINANCIAL IMPACT OVER THE FORWARD
ESTIMATES
Schedule 1 Negligible impact on the Paid Parental Leave
appropriation.
The revised financial impact of the Bill, taking into account these
amendments, is:
MEASURE FINANCIAL IMPACT OVER THE FORWARD
ESTIMATES
Schedule 1 Negligible impact on the Paid Parental Leave
appropriation.
Services Australia implementation costs to be
agreed with the Department of Finance.
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PAID PARENTAL LEAVE AMENDMENT
(COVID-19 WORK TEST) BILL 2021
Government amendments
NOTES ON AMENDMENTS
Amendments 1 and 2 insert new items 4A and 4B to consequentially amend
the Guide to Part 2-3 - Eligibility for Parental Leave Pay at section 30, and
insert a note to section 32, referring to new section 36AA inserted by
amendment 3.
Amendment 3 inserts new item 9A. New item 9A inserts new section 36AA
after section 36A. Section 36AA provides that a person satisfies the work test
on a day if the Secretary is satisfied that special circumstances of a kind
prescribed by the PPL rules for the purposes of paragraph 36AA(a) exist in
relation to the person on that day, and that the person would have satisfied
the work test on the day in accordance with section 32 if those circumstances
had not existed. This will allow a person who has not performed qualifying
work on a day to be regarded as meeting the work test on that day.
Prescribed special circumstances would include domestic violence, natural
disaster and severe illness.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011
Paid Parental Leave Amendment (COVID-19 Work Test) Bill 2021
This Bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
These amendments provide that a person will be taken to have met the work
test for Parental Leave Pay (PLP) and Dad and Partner Pay (DaPP) where
the person has been unable to satisfy the work test requirements due to
special circumstances.
The Paid Parental Leave (PPL) scheme is a Government-funded scheme
consisting of PLP, an 18-week payment at the rate of the national minimum
wage for eligible primary carers of newborn or recently adopted children; and
DaPP, a two-week payment at the rate of the national minimum wage for
eligible fathers and partners caring for newborn or recently adopted children.
The work test requires a person to have worked for at least 10 months of the
13 months prior to the birth or adoption of their child (or prior to their
nominated start date for DaPP); and to have worked for at least 330 hours in
that 10-month period with no more than a 12 week gap between two working
days.
These amendments provide for discretion to determine that a person has met
the work test where the Secretary is satisfied that the person has experienced
special circumstances and the person would have satisfied the work test if the
special circumstances had not existed.
Human rights implications
This legislative instrument engages the following rights:
the right to social security,
the right to protection and assistance for families, and
the right to maternity leave.
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The right to social security
Article 9 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) recognises the right of everyone to social security, and
Article 26 of the Convention on the Rights of Children recognises the right of
every child to benefit from social security. The Bill engages these rights by
broadening the eligibility criteria for PLP and DaPP and increasing the number
of claimants who can receive the payments.
The right to protection and assistance for families
The right to protection and assistance to families, particularly mothers, during
a reasonable period before and after childbirth in Article 10(2) of the ICESCR
recognises protection should be accorded to mothers. During such a period,
working mothers should be accorded paid leave or leave with adequate social
security benefits.
The Bill engages these rights by broadening the eligibility criteria for PLP to
allow more women, specifically those who have experienced special
circumstances, to access payment under the PPL scheme.
The right to maternity leave
The right to maternity leave is contained within Article 11(2)(b) of the
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and Article 10(2) of the ICESCR. Article 11(2)(b) of the CEDAW
requires States Parties 'to introduce maternity leave with pay or with
comparable social benefits without loss of former employment, seniority or
social allowances'. Note that Australia has a reservation in relation to Article
11(2)(b) of the Convention on the Elimination of All Forms of Discrimination
Against Women.
These amendments are beneficial, broadening the eligibility criteria for PLP to
support women affected by special circumstances to continue to be eligible for
Government-funded paid parental leave.
Conclusion
The Bill is compatible with human rights because it does not interfere with
human rights and provides families with greater access to financial
assistance.
(Circulated by the authority of the
Minister for Families and Social Services Senator the Hon
Anne Ruston)
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