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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
PAID PARENTAL LEAVE AMENDMENT
(MORE SUPPORT FOR WORKING FAMILIES) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by the authority of the
Minister for Social Services, the Hon Amanda Rishworth MP)
PAID PARENTAL LEAVE AMENDMENT
(MORE SUPPORT FOR WORKING FAMILIES) BILL 2023
OUTLINE
The Paid Parental Leave Amendment (More Support for Working Families) Bill 2023
(the Bill) will implement the second tranche of changes to the Paid Parental Leave
scheme, announced as part of the October 2022-23 Budget, to extend the Paid
Parental Leave scheme by increasing the maximum parental leave pay entitlement to
26 weeks from 1 July 2026.
To support the expansion of the Paid Parental Leave scheme, the Bill increases the
reserved period to 4 weeks from 1 July 2026 and increases the number of days that
can be taken concurrently by multiple claimants to 4 weeks from 1 July 2025.
This Bill will also make minor and technical amendments to the Paid Parental Leave
Act 2010 (the Act) relating to eligibility for parental leave pay for certain persons,
including in instances of premature birth.
Schedule 1--Amendments
Schedule 1 to the Bill has two parts, which will both commence on 26 March 2024.
Part 1--Amendments
The key measures in Part 1 of Schedule 1 will:
• Extend the Paid Parental Leave scheme by 2 weeks each year from 1 July 2024
to reach 26 weeks from 1 July 2026.
• Extend the reserved period for certain claimants who are partnered at the time
of their first effective claim by one week each year from 1 July 2025 to reach
4 weeks from 1 July 2026.
• Increase the number of days that can be taken concurrently by multiple
claimants in relation to the child to 4 weeks by 1 July 2025.
• Amend Part 2-3 of the Paid Parental Leave Act to clarify the eligibility criteria
for claimants in exceptional circumstances, including claimants who are gaining
parents in a surrogacy arrangement.
• Make consequential amendments relating to the measures described above.
1
Part 2--Application of amendments
Part 2 of Schedule 1 deals with the application of the amendments made under Part
1 to claims made before, during and after the transition period. The transition period
is defined as the period starting on 26 March 2024 and ending on 30 June 2024. This
transition period is derived from section 60 of the Paid Parental Leave Act, which
allows a person to make a claim for parental leave pay 97 days before the child's
expected date of birth.
The amendments contained in this Part will also give the Minister the power to make
rules with respect to matters of a transitional nature.
Financial impact statement
The measures in this Bill relate to the finalisation of settings for the expansion and
enhancement of Paid Parental Leave announced in the October 2022-23 Budget,
which had an estimated cost of $531.6 million over the forward estimates and
$619.3 million each year afterwards. The financial impact of these measures from
2022-23 to 2026-27 is $1.2 billion.
MEASURE FINANCIAL IMPACT OVER THE
FORWARD ESTIMATES
Schedule 1 - Main amendments $1.2 billion from 2022-23-2026-27.
This financial impact includes impacts for Services Australia, in relation to the costs of
Information and Communications Technology development and implementation.
REGULATION IMPACT STATEMENT
The addendum to the regulation impact statement appears at the end of this
explanatory memorandum.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The statement of compatibility with human rights appears at the end of this explanatory
memorandum.
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PAID PARENTAL LEAVE AMENDMENT
(MORE SUPPORT FOR WORKING FAMILIES) BILL 2023
NOTES ON CLAUSES
Abbreviations and acronyms used in this explanatory memorandum
• Act means the Paid Parental Leave Act 2010.
• exceptional circumstances has the same meaning as in section 6 of the Act.
A claim is made in exceptional circumstances if it is made by a person who
satisfies paragraph 54(1)(g) (that is a person who satisfies the circumstances
prescribed by the PPL Rules as being exceptional circumstances in which
a PPL claim can be made) or paragraph 54(2)(b) of the Act (that is a person
who satisfies the circumstances prescribed by the PPL Rules as being
exceptional circumstances in which a special PPL claim can be made).
• flexible PPL day has the same meaning as in section 11D of the Act. A day is
a flexible PPL day for a child if the day occurs in the period that starts on the
day the child is born and ends on the day before the child's second birthday.
• PPL claim has the same meaning as in subsection 53(2) of the Act, which is
a claim in the form approved by the Secretary for PPL claims.
• PPL claimant has the same meaning as in section 6 of the Act, which is
a person who has made an effective PPL claim for parental leave pay for a
child.
• PPL Rules means the Paid Parental Leave Rules 2021.
• reserved period means the number of flexible PPL days reserved for each
partnered claimant.
• special PPL claim has the same meaning as in subsection 53(3) of the Act,
which is a claim in the form approved by the Secretary for special PPL claims.
• special PPL claimant has the same meaning as in section 6 of the Act, which
is a person who has made an effective special PPL claim for parental leave pay
for a child. A special PPL claimant is either a person who is the partner of a PPL
claimant in exceptional circumstances, or a person in exception circumstances
as prescribed by the PPL Rules.
Clause 1 sets out how the new Act is to be cited - that is, as the Paid Parental Leave
Amendment (More Support for Working Families) Act 2023.
Clause 2 describes the commencement of the provisions in this Bill. It provides a table
setting out the commencement dates of the various sections in, and Schedules to, the
Bill. The whole of the Bill will commence on 26 March 2024, to support early claims to
be made based upon the new arrangements.
1
Clause 3 provides that each Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule to the Bill has effect
according to its terms.
2
Schedule 1 - Amendments
Summary
This Bill amends the Act to extend the Paid Parental Leave scheme by increasing the
maximum number of flexible PPL days in relation to the child by 2 weeks each year
from 1 July 2024 to 26 weeks (130 flexible PPL days) from 1 July 2026.
The amendments will also increase the reserved period for partnered claimants by
one week each year from 1 July 2025 to 4 weeks (20 flexible PPL days) from
1 July 2026. Accompanying this change is an increase to the limit on the number of
flexible PPL days that can be taken by more than one person at a time from 10 flexible
PPL days to 20 flexible PPL days by 1 July 2026.
This Bill also makes minor and technical amendments relating to eligibility for parental
leave pay for persons who claim parental leave pay in exceptional circumstances, and
the application of the work test to fathers and partners where the child is born
prematurely.
Extending parental leave pay to 26 weeks
Currently, a parental leave pay claimant may claim up to 20 weeks (100 flexible PPL
days) of parental leave pay in the period starting from the day the child is born and
ending on the day before the child's second birthday or anniversary of care. Claimants
can use their parental leave entitlements flexibly to take flexible PPL days in blocks as
small as a day at a time with periods of work in between.
This Bill increases the maximum parental leave pay entitlement for a child by 2 weeks
each year from 1 July 2024 to 26 weeks from 1 July 2026, as follows:
• 22 weeks (110 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2024
• 24 weeks (120 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2025
• 26 weeks (130 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2026.
Increasing the maximum parental leave pay entitlement will improve flexibility and
access to the Paid Parental Leave scheme to better support the needs of working
parents and carers.
Extending the reserved period
Currently, where certain claimants are partnered at the time of their first effective claim,
the maximum number of flexible PPL days for the claimant is limited to 90 flexible PPL
days. This reserves 10 flexible PPL days for other claimants, generally expected to be
the claimant's partner. This reflects the importance of partnered parents and carers
both having the opportunity to access parental leave pay.
1
A person will generally be considered partnered if they are in a de facto or registered
relationship or if they are married. A person will not be considered partnered if they
are single, separated, divorced or widowed. This is provided for under section 6 of
the Act and subsection 4(11) of the Social Security Act 1991.
The reserved period for certain claimants who are partnered at the time of their first
effective claim will be extended by one week each year from 1 July 2025 to 4 weeks
from 1 July 2026. This means partnered claimants will be able to receive a maximum
of:
• 20 weeks (100 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2024
• 21 weeks (105 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2025
• 22 weeks (110 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2026.
Extending the reserved period for partnered claimants will complement the increase
to the maximum parental leave pay entitlement. It will continue to encourage fathers
and partners to take a greater share of caring responsibilities by increasing the time
that fathers and partners can take off work around the time of the child's birth or
adoption.
Increasing the number of days that may be taken concurrently
Eligible claimants can currently take up to 2 weeks (10 flexible PPL days) of parental
leave pay concurrently for the same child. The PPL Rules may prescribe
circumstances in which a flexible PPL day does not count towards the maximum
number of concurrent days. For example, in cases of a multiple birth or when the child
is stillborn. This Bill increases this number to 4 weeks (20 flexible PPL days) from 1
July 2025, to accompany the increase to the reserve period and increase to the
maximum parental leave pay entitlement.
Increasing the number of days that may be taken concurrently by parents and carers
will continue to assist parents to share caring responsibilities, and provide fathers and
partners an opportunity to also provide care for birth parents to support their health,
while ensuring parents are encouraged to return to work.
Limits on the number of days that may be taken concurrently will prompt fathers and
partners to take on independent care of the child, which international studies have
demonstrated helps to develop patterns of care that persist throughout the child's life.
The concurrency limit will also support and encourage families to share caring
responsibilities more equally, which can in turn help improve women's workforce
participation and close the gender pay gap, helping to address the 'motherhood
penalty'.
2
Minor and technical amendments to the eligibility criteria
When a person is eligible
This Bill makes minor and technical amendments to the eligibility criteria in Part 2-3 of
the Act.
In most cases, a person is eligible for parental leave pay on a flexible PPL day for
a child if they satisfy the work test, the income test, the Australian residency test, and
are caring for the child on that day and are performing no more than one hour of paid
work on that day. A person must also satisfy the Australian residency test on the day
the child is born.
A person may still be eligible for parental leave pay on a flexible PPL day for a child if
they are not caring for the child on that day or if they are performing more than one
hour of paid work on that day, if they satisfy the relevant conditions prescribed by the
PPL Rules. These are outlined in subsections 31AA(4) and (5) of the Act and currently
apply to any claimant.
Eligibility for parental leave pay may also be affected if the person is subject to a newly
arrived resident's waiting period. Section 31A of the Act outlines when a person is
subject to the newly arrived resident's waiting period and describes exemptions when
the newly arrived resident's waiting period does not apply, including where the person
holds a temporary humanitarian visa or special category visa or the person or their
family member is a refugee or former refugee.
This Bill amends subsections 31AA(4) and (5) to specify that these subsections apply
to certain types of claimants consistent with the policy intent. Subsection 31AA(4) will
be amended to apply to all claimants except for special PPL claimants in exceptional
circumstances. Subsection 31AA(5) will be amended to apply only to special PPL
claimants in exceptional circumstances. This subsection will also be amended to
clarify that special PPL claimants in exceptional circumstances must satisfy the
Australian residency test on the day the child is born and the flexible PPL day, and be
exempt from the effect of the newly arrived resident's waiting period on the day the
child is born if the newly arrived resident's waiting period applies to them.
The amendments to subsection 31AA(4) will require all claimants except for special
PPL claimants in exceptional circumstances to meet the work test and income test on
the flexible PPL day to be eligible for parental leave pay.
The amendments to subsection 31AA(5) will require special PPL claimants in
exceptional circumstances to meet the Australian residency test and be exempt from
the effect of the newly arrived resident's waiting period on the day the child is born if
the newly arrived resident's waiting period applies to them. This will continue to ensure
all claimants meet these two requirements to be found eligible for parental leave pay.
These amendments will clarify when claimants will meet eligibility criteria in certain
circumstances.
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Work test exception for fathers and partners of children born prematurely
In addition to other requirements, a person must meet the work test to be eligible for
parental leave pay. The work test is described in Division 3 of Part 2-3 of the Act. To
meet the work test, the person must have performed 330 hours of qualifying work over
a period of at least 10 months within the 13 months prior to the birth or adoption of the
child. A person performs qualifying work on a day if the person performs at least one
hour of paid work, or takes a period of paid leave of at least one hour, on that day.
The Act currently contains an exception to the work test for birth mothers whose child
was born prematurely or who experienced pregnancy-related complications or illness
which prevented them from performing paid work. For the purposes of the Act, a child
is born prematurely if, at the time of the child's delivery, the child's period of gestation
is less than 37 weeks.
This Bill extends this exception to the work test for fathers and partners who are
prevented from performing paid work, and therefore meeting the work test, because
their child is born prematurely. This will ensure fathers and partners are not
disadvantaged from receiving parental leave pay because of a premature birth when
they would otherwise be eligible.
When a person is not eligible
Among other things, a person is not eligible for parental leave pay on a flexible PPL
day for a child if one or more determinations are in force in relation to the maximum
number of flexible PPL days for the child.
Generally, a person (the relevant claimant) is not eligible for parental leave pay on a
flexible PPL day for the child if one or more determinations are in force in relation to:
• 20 weeks (100 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2023
• 22 weeks (110 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2024
• 24 weeks (120 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2025
• 26 weeks (130 flexible PPL days) in relation to a child born or adopted on or
after 1 July 2026.
The reserved period applies to the relevant claimant if they are partnered at the time
of their first effective claim and neither the relevant claimant nor their partner is a PPL
claimant in exceptional circumstances.
However, the reserved period will apply to the relevant claimant if the relevant claimant
or their partner is a PPL claimant in exceptional circumstances and the relevant
claimant meets certain conditions prescribed by the PPL Rules. These conditions are
intended to include situations where the child is born because of a surrogacy
arrangement and the relevant claimant or their partner (if any) is the gaining parent in
this arrangement. This is because the reserved period is intended to be applied in
relation to all legal parents of a child, be it biological, adoptive, born through artificial
conception or born through a surrogacy arrangement.
4
Special PPL claimants will continue to receive the balance of any flexible PPL days
for the child not taken by previous claimants.
This Bill clarifies these arrangements regarding which maximum entitlements apply to
different types of claimants, including to whom the reserved period applies. It also
inserts a new section clearly setting out the maximum entitlements and reserved
periods that apply depending on when the child is born. The updated provisions make
it clear how many flexible PPL days claimants are entitled to in relation to a child,
including the impact of a claimant being single or partnered.
Explanation of the changes
Part 1--Amendments
Part 1 amends the Act.
Item 1 amends the guide to the Act, set out in section 4. Specifically, it amends the
paragraph beginning "Parental leave pay is payable" to omit "generally cannot exceed
100" and substitute "is limited". This reflects the gradual increase to the maximum
parental leave pay entitlement to 130 flexible PPL days by 1 June 2026 and ensures
that the guide to the Act does not need to be updated each time there is an increase
to the entitlement to flexible PPL days.
The guide to the Act helps readers understand the substantive provisions. It is included
as a navigation aid for the reader and is not intended to be comprehensive. The reader
should consult substantive provisions to understand the rights and obligations under
the Act.
Item 2 amends the guide to Part 2-1 of the Act (dealing with when parental leave pay
is payable to a person), set out in section 7. Specifically, it amends paragraph
beginning "If the Secretary" to omit "generally cannot exceed 100" and substitute "is
limited". This reflects the gradual increase to the maximum parental leave pay
entitlement to 130 flexible PPL days by 1 June 2026 and ensures that the guide to this
Part does not need to be updated each time there is an increase to the entitlement to
flexible PPL days.
The guide to Part 2-1 of the Act helps readers understand the relevant substantive
provisions. It is included as a navigation aid for the reader and is not intended to be
comprehensive. The reader should consult substantive provisions to understand the
rules under the Part.
Item 3 repeals note 1 to subsection 15(3) and substitutes a new note stating that the
maximum number of flexible PPL days for a child that is payable is worked out under
sections 31AB and 31ABA. Section 15 deals with permission to claim flexible PPL
days for a child. This amendment reflects the amendments to section 31AB and the
introduction of new section 31ABA, which together provide for the maximum parental
leave pay entitlement. These amendments are explained under item 12 below.
5
Item 4 amends section 21 of the Act, which deals with the limit of the number of flexible
PPL days for which parental leave pay is payable to more than one person.
Specifically, the item amends paragraph 21(1)(a) to omit all words after "a total of" and
substitute new subparagraphs 21(1)(a)(i) and (ii). New subparagraphs 21(1)(a)(i) and
(ii) list the limits on the number of flexible PPL days for which parental leave pay is
payable to more than one person.
New subparagraph 21(1)(a)(i) applies if the child is born before 1 July 2025. Under
this new provision, the Secretary must not make a determination that parental leave
pay is payable to a person for a flexible PPL day for a child if parental leave pay is
payable to more than one person for the same flexible PPL day on a total of 10 flexible
PPL days. The effect of this new subparagraph is to maintain the limit on the number
of flexible PPL days for which parental leave pay is payable to more than one person
at 10 flexible PPL days where a child is born before 1 July 2025.
New subparagraph 21(1)(a)(ii) applies if the child is born on or after 1 July 2025. Under
this new provision, the Secretary must not make a determination that parental leave
pay is payable to a person for a flexible PPL day for a child if parental leave pay is
payable to more than one person for the same flexible PPL day on a total of 20 flexible
PPL days. The effect of this new subparagraph is to increase the number of flexible
PPL days that more than one person may take concurrently where a child is born on
or after 1 July 2025.
Item 5 omits "of 10" and substitutes "number of" in subsection 21(2). Subsection 21(2)
provides that the Paid Parental Leave Rules may prescribe circumstances in which a
flexible PPL day does not count towards the total number of flexible PPL days referred
to in paragraph 21(1)(a) (see item 4). This reflects the gradual increase to the limit on
the number of flexible PPL days that can be taken concurrently in relation to a child.
Items 6 and 7 amend the paragraph beginning "Division 2 sets out" in section 30.
Section 30 contains the guide to Part 2-3 of the Paid Parental Leave Act which deals
with eligibility for parental leave pay.
These amendments omit "Section 31AB sets" and substitute "Sections 31AB and
31ABA set". This reflects the amendments to section 31AB and the introduction of new
section 31ABA, which together provide for the maximum parental leave pay
entitlement. These amendments also omit "10", to account for the increase to the
reserved period.
The guide to Part 2-3 of the Act helps readers understand the relevant substantive
provisions. It is included as a navigation aid for the reader and is not intended to be
comprehensive. The reader should consult substantive provisions to understand the
rights and obligations under the Part.
Items 8 to 11 make several technical amendments to section 31AA. Section 31AA
deals with when a person is eligible for parental leave pay on a flexible PPL day for
a child.
6
Item 8 inserts the subheading "Main eligibility rule" before subsection 31AA(2). In most
cases, a person will be found eligible for parental leave pay if they meet the criteria in
this subsection.
Item 9 repeals paragraph 31AA(2)(e) and substitutes new paragraph 31AA(2)(e). New
paragraph 31AA(2)(e) explains that a person is eligible for parental leave pay if the
person satisfies the Australian residency test and, is exempt from the effect of the
newly arrived resident's waiting period on the day the child is born, even if the newly
arrived resident's waiting period applies to them.
A person may be exempt from the effect of the newly arrived resident's waiting period
if subsections 31A(7) or (7A) of the Act apply to the person on the day that the child
was born.
Item 10 inserts the subheading "When child is stillborn or has died" before subsection
31AA(3).
Item 11 repeals subsections 31AA(4) and (5) and substitutes new subsections
31AA(4) and (5). These new subsections clarify when a person is eligible for parental
leave pay on a flexible PPL day where they meet conditions prescribed in the PPL
Rules.
New subsection 31AA(4) prescribes the eligibility criteria for persons other than special
PPL claimants in exceptional circumstances who meet the conditions prescribed in the
PPL Rules. Under this new subsection, a person is eligible for parental leave pay on
a flexible PPL day if they satisfy the work, income and Australian residency tests and
meets the prescribed conditions on the flexible PPL day. The person must also satisfy
the Australian residency test on the day the child is born and the flexible PPL day, and
be exempt from the effect of the newly arrived resident's waiting period on the day the
child is born if the newly arrived resident's waiting period would otherwise apply to
them.
New subsection 31AA(5) prescribes the eligibility criteria for persons who are special
PPL claimants in exceptional circumstances who meet the conditions prescribed in the
PPL Rules. Under this new subsection, a person is eligible for parental leave pay on
a flexible PPL day if they satisfy the Australian residency test and the prescribed
conditions on the flexible PPL day. The person must also satisfy the Australian
residency test on the day the child is born and the flexible PPL day, and be exempt
from the effect of the newly arrived resident's waiting period on the day the child is
born if the newly arrived resident's waiting period would otherwise apply to them.
Item 12 repeals section 31AB and substitutes new sections 31AB and 31ABA. These
new sections clarify when a person is not eligible for parental leave pay on a flexible
PPL day, including where the maximum number of flexible PPL days for the child has
been reached.
New section 31AB
New section 31AB sets out when a person is not eligible for parental leave pay on a
flexible PPL day for a child.
7
New subsection 31AB(1) states that a person (the relevant claimant) is not eligible
for parental leave pay on a flexible PPL day for a child if new subsections 31AB(2) to
(8) applies to the relevant claimant on that day.
New subsection 31AB(2) provides that the relevant claimant is not eligible for parental
leave pay for a flexible PPL day if all of the following apply:
• one or more determinations that parental leave pay is payable to a person are
in force for the number of flexible PPL days for a child specified in new
subsection 31ABA(1)
• neither the relevant claimant nor the relevant claimant's partner is a PPL
claimant in exceptional circumstances
• the total limit of flexible PPL days has been reached in relation to the child.
New subsection 31AB(3) provides that the relevant claimant is not eligible for parental
leave pay on a flexible PPL day if all of the following apply:
• one or more determinations that parental leave pay is payable to the relevant
claimant are in force in relation to the number of flexible PPL days for the child
specified in new subsection 31ABA(2)
• the relevant claimant is partnered at the time of their first effective claim
• neither the relevant claimant or the relevant claimant's partner is a PPL claimant
in exceptional circumstances
• the maximum entitlement for certain partnered claimants has been reached in
relation to the child
• the relevant claimant does not satisfy the circumstances prescribed by the PPL
Rules for the purposes of paragraph 31AB(3)(d).
The effect of new paragraph 31AB(3)(d) is that the relevant claimant may be eligible
for parental leave pay on a flexible PPL day if they satisfy certain circumstances set
out in the PPL Rules even if the maximum reserved period has been reached in
relation to the child.
The PPL Rules could prescribe circumstances that would capture claimants who are,
for example, experiencing family and domestic violence, or whose partner is incapable
of caring for the child or is deployed outside Australia as a defence force member.
This would allow those claimants to claim parental leave pay for flexible PPL days that
would otherwise be captured in the reserved period.
New subsection 31AB(4) provides that the relevant claimant is not eligible for parental
leave pay for a flexible PPL day if all of the following apply:
• one or more determinations that parental leave pay is payable to the relevant
claimant or the relevant claimant's partner (if any) are in force for the number
of flexible PPL days for the child specified in new subsection 31ABA(1)
• the relevant claimant or the relevant claimant's partner is a PPL claimant in
exceptional circumstances
• the total limit of flexible PPL days has been reached in relation to the child
• the relevant claimant does not satisfy conditions prescribed by the PPL Rules
for the purposes of new paragraph 31AB(5)(c).
8
The effect is that the total limit of flexible PPL days in relation to the child for the
relevant claimant is considered separately from the total limit of flexible PPL days in
relation to the child covered by new subsection 31AB(2). The relevant claimant or their
partner (if any) is also not subject to the reserved period.
New subsection 31AB(5) provides that the relevant claimant is not eligible for parental
leave pay for a flexible PPL day if all of the following apply:
• one or more determinations that parental leave pay is payable to the relevant
claimant or the relevant claimant's partner (if any) are in force for the number
of flexible PPL days for the child specified in new subsection 31ABA(1)
• the relevant claimant or the relevant claimant's partner is a PPL claimant in
exceptional circumstances
• the total limit of flexible PPL days has been reached in relation to the child
• the relevant claimant satisfies the conditions prescribed by the PPL Rules for
the purposes of new paragraph 31AB(5)(c).
New subsection 31AB(6) provides that the relevant claimant is not eligible for parental
leave pay on a flexible PPL day where all of the following apply:
• one or more determinations that parental leave pay is payable to the relevant
claimant are in force for the number of flexible PPL days for the child specified
in new subsection 31ABA(2)
• the relevant claimant is partnered at the time of their first effective claim
• the relevant claimant or the relevant claimant's partner is a PPL claimant in
exceptional circumstances
• the maximum entitlement for certain partnered claimants has been reached in
relation to the child
• the relevant claimant satisfies the conditions prescribed by the PPL Rules for
the purposes of new paragraph 31AB(5)(c).
The effect of new subsections 31AB(5) and (6) is that the relevant claimant may not
be eligible for parental leave pay on a flexible PPL day if the maximum reserved period
has been reached in relation to the child if they satisfy conditions prescribed by the
PPL Rules for the purposes of new paragraph 31AB(5)(c). This is despite the fact the
relevant claimant or the relevant claimant's partner is a PPL claimant in exceptional
circumstances and would not have been subject to the reserved period but for the fact
the relevant claimant satisfies the conditions prescribed by the PPL Rules.
The PPL Rules could prescribe conditions where the child is born because of
a surrogacy arrangement and the relevant claimant or their partner (if any) is the
gaining parent in this arrangement.
New subsection 31AB(7) provides that the relevant claimant is not eligible for parental
leave pay on a flexible PPL day if the relevant claimant is deceased on that day. This
provision replaces current subsection 31AB(6) in the same terms.
New subsection 31AB(8) provides that the relevant claimant is not eligible for parental
leave pay on a flexible PPL day if that day is in a newly arrived resident's waiting period
for the relevant claimant. This provision replaces current subsection 31AB(7) in the
same terms. The application and operation of the newly arrived resident's waiting
period is detailed in section 31A.
9
New section 31ABA
New section 31ABA sets out the maximum number of flexible PPL days in relation to
the child.
New subsection 31ABA(1) provides that, for the purposes of new subsections
31AB(2), (4) and (5), the maximum number of flexible PPL days for a child is as
follows:
• For a child born before 1 July 2024--100 flexible PPL days
• For a child born between 1 July 2024 and 30 June 2025--110 flexible PPL days
• For a child born between 1 July 2025 and 30 June 2026--120 flexible PPL days
• For a child born on or after 1 July 2026--130 flexible PPL days.
The notes to new subsection 31ABA(1) highlight the connection between new section
31AB and new section 31ABA.
Note 1 to new subsection 31ABA(1) states that under section 31AB, a claimant is not
eligible for parental leave pay if the maximum number of flexible PPL days specified
in section 31ABA has been reached.
Note 2 to new subsection 31ABA(1) explains how the reserved period is calculated
and to whom it applies. It describes that the maximum number of flexible PPL days for
certain claimants is limited to the number specified in new subsection 31ABA(2) if the
claimant has a partner. The difference between the number of days specified in new
subsection 31ABA(1) and the number of days specified in new subsection 31ABA(2)
is reserved for other claimants, generally the relevant claimant's partner.
New subsection 31ABA(2) outlines the maximum number of flexible PPL days certain
claimants who are partnered at the time of their first effective claim can access in
relation to a child. For the purposes of new subsections 31AB(3) and (6), the number
of flexible PPL days for a child is:
• For a child born before 1 July 2024--90 flexible PPL days
• For a child born between 1 July 2024 and 30 June 2025--100 flexible PPL days
• For a child born between 1 July 2025 and 30 June 2026--105 flexible PPL days
• For a child born on or after 1 July 2026--110 flexible PPL days.
Item 13 inserts the subheading "Exemptions" before subsection 31A(6A). Subsections
31A(6A) to (7A) outline exemptions to when the newly arrived resident's waiting period
applies to a person.
Item 14 consequentially amends subsections 31A(7) and (7A) to omit references to
"31AB(7)" and substitute those with references to "31AB(8)". This reflects the repeal
and substitution of section 31AB, and the consequential change to subsection
references.
Subsections 31A(7) and (7A) contain exemptions to the application of the newly
arrived resident's waiting period in situations where, for example, the person holds
a temporary humanitarian visa or special category visa or the person or their family
member is a refugee or former refugee.
10
Item 15 repeals section 36A and substitutes new section 36A. New section 36A
contains an exception to the work test for certain persons where the child is born
prematurely or where there were pregnancy-related complications or illnesses.
Under new section 36A, a birth mother of the child, a parent of the child who is not the
birth mother, or a partner of the birth mother may satisfy the work test if the Secretary
is satisfied they would have met the work test but for the fact the child was born
prematurely. A child is born prematurely if, at the time of the child's delivery, the child's
period of gestation is less than 37 weeks.
The birth mother of the child may also satisfy the work test if the Secretary is satisfied
they would have met the work test but for the fact they had complications or illness
related to the pregnancy which preventing them from performing paid work.
Part 2--Application of amendments
This Part provides for the application of these amendments and the transition to the
revised scheme.
Item 16 provides definitions for this Part.
In this Part:
• commencement day means 26 March 2024;
• new law means the PPL Act, as amended by Schedule 1 to this Act;
• old law means all of the following, as in force immediately before
commencement day:
o the PPL Act;
o instruments (whether legislative or administrative) made under the PPL
Act.
• PPL Act means the Paid Parental Leave Act 2010.
• PPL rules means the rules made by the Minister under section 298 of the PPL
Act.
• transition period means the period that starts on 26 March 2024 and ends on
30 June 2023.
The transition period takes into account section 60 of the PPL Act, which allows
a person to make a claim for parental leave pay 97 days before the child's expected
date of birth. This means the earliest date on which a person may make a claim for
parental leave pay for a child whose expected date of birth is 1 July 2024 is 26 March
2024.
Item 17 provides for the application of the amendments to claims.
Pre-commencement claim--child born before commencement
Subitem 17(1) ensures the old law continues to apply on and after the commencement
day in relation to a claim for parental leave pay made before the commencement day
for a child born before the commencement day.
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Pre-commencement claim--unborn child with expected date of birth before 1 July
2024
Subitem 17(2) ensures the old law continues to apply on and after the commencement
day in relation to a claim for parental leave pay made before the commencement day
for a child who was not born at the time of the claim and the child's expected date of
birth is before 1 July 2024.
Subitem 17(3) provides that if a child is born on or after 1 July 2024, a claim made
before the commencement day is taken to be a claim for parental leave pay under the
new law and the new law applies in relation to the claim on and after 1 July 2024,
despite the rule at subitem 17(2).
Transition period claim--child born before claim is made
Subitem 17(4) provides a claim for parental leave pay for a child may be made during
the transition period in relation to a child born before 1 July 2024, and the old law
continues to apply to the claim.
Transition period claim--unborn child with expected date of birth before 1 July 2024
Subitem 17(5) provides that the old law continues to apply to a claim for parental leave
pay made during the transition period for a child who has not been born at the time of
the claim and the child's expected date of birth is before 1 July 2024.
Where a child is born on or after 1 July 2024, subitem 17(6) provides that a claim
referred to in subitem 17(5) is taken to be a claim for parental leave pay under the new
law and the new law applies in relation to the claim on and after 1 July 2024, despite
the rule at subitem 17(5).
Transition period claim--unborn child with expected date of birth on or after 1 July
2024
Subitem 17(7) provides that the old law continues to apply to a claim for parental leave
pay made during the transition period for a child who has not been born at the time of
the claim and the child's expected date of birth is on or after 1 July 2024.
Where a child is born on or after 1 July 2024, subitem 17(8) provides that a claim
referred to in subitem 17(7) is taken to be a claim for parental leave pay under the new
law and the new law applies in relation to the claim on and after that day.
Post 1 July 2024 claim--child born before 1 July 2024
Subitem 17(9) ensures the old law continues to apply to a claim for parental leave pay
made on or after the commencement day in relation to a child born before 1 July 2024.
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Post 1 July 2024 claim--child born on or after 1 July 2024
Subitem 17(10) provides that the new law applies in relation to a claim for parental
leave pay made on or after 1 July 2024 for a child who is born at the time of the claim
and who was born on or after 1 July 2024.
Post 1 July 2024 claim--unborn child
Subitem 17(11) provides that the new law applies in relation to a claim for parental
leave pay made on or after 1 July 2024 for a child if the child has not been born at the
time the claim is made.
Item 18 provides that sections 275 and 276 of the Act as in force on the
commencement day apply in relation to this Part as if it were a provision of the Act.
Section 275 deals with how the Act applies to an adopted child. Section 276 deals with
how the Act applies to claims made in exceptional circumstances.
Item 19 outlines where the PPL Rules may deal with transitional arrangements relating
to the amendments made by this Act. This will allow the PPL Rules to deal with issues
which cannot currently be foreseen which arise during transition, and to make
appropriate arrangements to deal with such issues.
Subitem 19(1) enables the Minister to make rules prescribing matters of a transitional
nature (including prescribing any saving or application provisions) relating to the
amendments or repeals made by this Act by legislative instrument.
Subitem 19(2) provides that, without limiting subitem 19(1), rules made under this item
before 1 July 2025 may provide that provisions of any of the following have effect with
any modifications prescribed by the rules:
• this Act;
• the PPL Act;
• the PPL Rules.
Those provisions then have effect as if they were so modified. The power to modify
the Act is necessary to deal with unforeseen issues which arise during transition or
require savings or application provisions, which are needed more quickly than it would
be possible to substantively amend the primary Act. The PPL Rules are disallowable,
and will be subject to parliamentary scrutiny, including to any extent to which they
override provisions of the Act.
Subitem 19(3) prevents rules made under subitem 19(1) from:
• creating an offence or civil penalty;
• providing powers of:
o arrest or detention; or
o entry, search or seizure;
• imposing a tax;
• setting an amount to be appropriated from the Consolidated Revenue Fund
under an appropriation in this Act;
• directly amending the text of this Act.
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Otherwise, subitem 19(4) provides that this Schedule does not limit the rules that may
be made for the purposes of subitems 19(1) and 19(2).
14
REGULATION IMPACT STATEMENT
Impact Analysis - Addendum
Introduction
On 1 July 2023, the Government introduced key changes to the Paid Parental Leave
(PPL) scheme to better reflect the needs of modern Australian families. This included:
1) Introducing a more gender-neutral claim process,
2) Reserving two weeks of Parental Leave Pay (PLP) as a 'use it or lose it'
entitlement for each parent,
3) Allowing parents to take up to 10 days of PLP concurrently,
4) Creating a single 20-week payment under the PPL scheme by combining Dad
and Partner Pay (DaPP) with PLP,
5) Introducing a family income limit of $350,000 adjusted taxable income (ATI) in
addition to the existing individual income limit ($156,647 from 1 July 2022), and
6) Increasing the flexibility of PLP so that the entire entitlement will be able to be
taken in blocks as small as one day at a time, with periods of work in between,
within two years from the birth or adoption.
A Regulation Impact Statement (RIS) analysing the impacts of the amendments to the
PPL scheme was completed by DSS. On 27 March 2022 the Office of Best Practice
Regulation (now Office of Impact Analysis) assessed the RIS as adequate to inform a
Government decision.
Since the initial RIS was completed, the department has explored different policy
settings as the total length of entitlement expands to 26 weeks by 2026, particularly
the period of Parental Leave Pay reserved for each parent. This addendum analyses
the impacts of these policy settings.
What policy options are you considering?
Current settings
From 1 July 2023, PLP is a 20 week (100 day) entitlement. For partnered claimants,
two out of the 20 weeks of PLP are set aside or reserved for each parent on a 'use it
or lose it' basis, with the maximum amount of PLP a parent can access being 18
weeks. This provides up to 16 weeks that can be shared between parents. This is
intended to incentivise parents to take at least two weeks of PLP each, and signals
that caring for a new child is the responsibility of both parents.
Parents can take up to 2 weeks PLP at the same time as each other (concurrency).
This aims to improve the flexibility of the scheme and allow new parents to use their
leave in the way that best suits their family and work obligations.
Single parents may access the full 20 week entitlement themselves, but are able to
share the entitlement with an eligible claimant if they choose.
15
The October 2022-23 Budget measure Boosting Parental Leave to Enhance Economic
Security, Support and Flexibility for Australia's Families included provision for 26
weeks of Parental Leave Pay. Parental Leave Pay will expand by two additional weeks
a year, as follows:
• 22 weeks (110 days) for births and adoptions on or after 1 July 2024
• 24 weeks (120 days) for births and adoptions on or after 1 July 2025, and
• 26 weeks (130 days) for births and adoptions on or after 1 July 2026 (final
setting).
Note PLP weeks are 5 days to reflect the work week, not 7 days.
Reserved period
Reserving a portion of PLP for each parent encourages both parents, not just the birth
parent, to take time off work after the birth or adoption of a child. This signals that
parenting is an equal partnership that should be shared. Longer reserved periods
provide fathers/partners more opportunity and encouragement to share the caring
responsibilities, which may in turn lead to greater sharing of care and other (unpaid)
household responsibilities, improving workforce participation for women. By
encouraging solo parenting time, the scheme may support fathers and partners
become more confident carers when they take on caring responsibilities
independently, leading to more equal sharing of parenting over time. However higher
reserved periods reduce flexibility, reduce the benefit of an increase to PLP for birth
parents and increase the risk that some of the entitlement may be forfeited.
Three policy options have been considered for the reserved period:
Option 1- Increase the reserved period to four weeks by 2026
Under this option, four weeks (20 days) of Parental Leave Pay will be reserved for
each parent, with the remaining 18 weeks able to be shared. This means that a
partnered parent can take a maximum of 22 weeks Parental Leave Pay.
Option 2 - Increase the reserved period to five weeks by 2026
Under this option, five weeks (25 days) of Parental Leave Pay will be reserved for
each parent, with the remaining 16 weeks able to be shared. This means that a
partnered parent can take a maximum of 21 weeks Parental Leave Pay.
Option 3- Increase the reserved period to six weeks by 2026
Under this option, six weeks (30 days) of Parental Leave Pay will be reserved for each
parent, with the remaining 14 weeks able to be shared. This means that a partnered
parent can take a maximum of 20 weeks Parental Leave Pay.
Single parents will always be able to access the full entitlement that applies to them,
based on their child's date of birth or entry into care.
The option to retain current policy settings has not been considered as the
Government has committed to increasing the maximum entitlement to 26 weeks by
2026.
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Concurrency limit
The current PPL scheme allows parents to take up to two weeks (10 days) PLP
concurrently, providing flexibility in the scheme and allowing new parents to use their
leave in the way that best suits their family and work obligations. Allowing parents to
take PLP at the same time as each other can support bonding and allow a non-birth
parent to support a birth parent during the post-birth recovery period.
Limiting concurrency helps to ensure that parents are encouraged to return to work. It
will also prompt fathers and partners to take on independent care of the child, which
international studies have demonstrated helps to develop patterns of care that persist
throughout the child's life.
As the reserved period increases, the amount of time that parents can take PLP
concurrently needs to be considered and balanced between offering maximum
flexibility to families while also encouraging independent use of PLP by fathers and
partners.
Different options for concurrency are being considered and there is no anticipated cost
impact if there is a change to the concurrency limit, as it is expected that the limit will
predominantly affect the timing of how the entitlement is used.
What is the likely net benefit of each option?
Regulatory impacts
The different policy options proposed for the reserved period only impact the length of
PLP reserved for a parent, and have no impact on overall eligibility to PLP. This means
there is no change to the expected number of PLP claimants, and there is no impact
to business. There are no regulatory impacts for options 1 to 3. A six week reserved
period was costed as part of the 2022-23 October Budget process. This is the longest
option and it is not expected that any variation of the reserved period will change the
regulatory impact.
Social and economic impacts
There are costs and benefits associated with a 'use it or lose it' reserved period. The
scale of the cost or benefit may marginally change based on the length of the reserved
period. There is little evidence in the Australian context on the impact of a reserved
period.
Benefits of a longer reserved period
Reserving a period of PLP for each parent signals that taking time off work to care for
a new child is the responsibility of both parents, contributing to changing social norms
around gender roles in caring for children after a birth. It signals that parenting is an
equal partnership that should be shared. A longer reserved period reduces stigma
around men taking time out of work to care for children. Research shows that when
parents more evenly share the care of their child, women return to work earlier and
work for more hours. This is crucial to improving women's economic security and
workforce participation, and supporting gender equality.
17
The concurrency limit is being considered and a reserved period that is longer than
the concurrency limit may encourage father/s partners to take time off to care for their
children on their own, leading to more equal sharing of parenting over time. A longer
reserved period maximises the likelihood that the reserved period is longer than the
concurrency limit, promoting solo parenting time for non-birth parents.
Costs of a longer reserved period
A longer reserved period results in a lower maximum entitlement for an individual
partnered parent. A partnered parent may have been expecting to access 26 weeks
of PLP as an individual in 2026, but they will only be able to access a portion of this
themselves. This disadvantages partnered parents who have no other parental leave
options, and partnered birth parents who will have a smaller increase in the overall
weeks they can access PLP, providing less relative support for birth recovery. The six
week reserved period is the longest reserved period option this will result in the lowest
maximum entitlement for an individual parent (20 weeks), of the three options. This is
an increase of 2 weeks on the current 18 week maximum for a partnered parent.
An increase to the concurrency limit is also being considered. If a reserved period is
longer than the concurrency limit, this may help to encourage non-birth parents to take
PLP at a different time from the birth parent. This may have a negative consequence
by reducing support to the birth parent post birth and limiting the flexibility of the
scheme, offset against the potential to encourage more independent care and parental
responsibilities by fathers and partners.
Risks and Sensitivities
With a 26 week scheme, longer reserved periods mean partnered mothers have a
smaller increase in overall weeks they can access PLP.
There is a risk that some families may not claim the reserved period, leaving them
financially worse off than if either parent were able to claim the full entitlement. The
longer the reserved period is, the more a family may forfeit if they do not access the
reserved period or do not use the full reserved portion. The six week reserved period
model is the longest of the three options. However, this must be balanced against the
core policy intent of engaging both parents in caring for a child.
Although there is international evidence to suggest that fathers and partners are more
likely to use parental leave if encouraged by periods of "quarantined leave", research
indicates that higher payment rates of parental leave (round half or more of previous
earnings) are a significant factor in increased uptake of paid parental leave. This
suggests that quarantined periods alone may not be sufficient to drive further take-up
by parents without an increase to the rate of payments.
The impact of lower rates of payment, relative to some international models, are
partially mitigated by the PPL scheme being designed to complement paid leave
provided by employers. In addition to providing paid maternity and paternity leave,
employers can also choose to 'top-up' the government-provided PPL scheme to bridge
the gap between the PLP rate and a person's regular wage.
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Who did you consult and how did you incorporate their feedback?
Consultations to date
In 2022, the Government established the Women's Economic Equality Taskforce (the
Taskforce) to prioritise advice to government on issues facing women in the Australian
economy. The Government asked the Taskforce to review available evidence and
provide advice on the expansion of the PPL scheme to 26 weeks, particularly in
relation to the reserved period. The Taskforce commissioned their own study from
academics, who considered the optimal length of a reserved period to encourage
greater take up by non-birth parents. The advice from the Taskforce was provided to
the Government as part of their consideration and development of the three options
proposed.
The Taskforce's advice regarding the optimal settings for the 26-week PPL scheme
was for a 4-week reserved period and 4 weeks of concurrency. In preparing its advice,
the Taskforce considered a range of inputs, including broad consultation across
member networks, briefings from relevant Government departments, and the
commissioning of research from Professor Marian Baird and
Associate Professor Elizabeth Hill. The Taskforce emphasised the importance of
incentives to drive men's uptake of PPL and care in the early years, but also
acknowledged that in the context of a 26-week PPL scheme it is important to balance
this objective against the other objectives of the scheme, such as maternal health and
bonding.
In addition, the Parliament referred the first tranche of legislation to the Community
Affairs Legislation Committee for inquiry. They received 26 submissions from
Government departments, peak bodies, industry groups, research bodies and
academics, and held a public hearing. These considered the reserved period and the
PPL scheme as a whole. There was broad support for a reserved period, and that it
should increase as the overall entitlement expands to 26 weeks, with varying
suggestions on the length of the reserved period. The department has considered this
advice in the development of these options.
19
Statement of compatibility with human rights
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
PAID PARENTAL LEAVE (MORE SUPPORT FOR WORKING FAMILIES) BILL
2023
The Paid Parental Leave Amendment (More Support for Working Families) Bill 2023
(the 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
The Paid Parental Leave scheme (PPL Scheme) provides Government-funded
financial support to assist parents and carers to take time off work after a birth or
adoption. Under the PPL Scheme, eligible parents and carers can receive parental
leave pay. Parental leave pay is currently a 20 week entitlement paid at a rate based
on the national minimum wage.
This Bill amends the Paid Parental Leave Act 2010 (PPL Act) to extend the PPL
scheme by increasing the maximum number of flexible PPL days in relation to the child
by 2 weeks each year from 1 July 2024 to 26 weeks from 1 July 2026.
The amendments will also increase the reserved period for partnered claimants by
one week each year from 1 July 2024 to 4 weeks from 1 July 2026. Accompanying
this change is an increase to the limit on the number of flexible PPL days that can be
taken by more than one person at a time from 10 flexible PPL days to 20 flexible PPL
days from 1 July 2025.
This Bill also makes minor and technical amendments relating to eligibility for parental
leave pay for persons who claim parental leave pay in exceptional circumstances, and
the application of the work test to fathers and partners where the child is born
prematurely.
Human Rights Implications
This Bill engages the following rights:
• the right to social security - article 9 of the International Covenant on Economic,
Social and Cultural Rights (ICESCR) and 26 of the Convention on the Rights of
Children (CRC)
• the right to protection and assistance for families - article 10(2) of the ICESCR
• the right to just and favourable conditions of work - article 7 of ICESCR
• the right to maternity leave - article 11(2) of the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW) and article 10(2) of
the ICESCR
• the right to equal treatment - article 3 of ICESCR
1
Statement of compatibility with human rights
• the right to respect for the family - article 17 and 23 of the International
Covenant on Civil and Political Rights (CCPR)
• the rights of the child - article 3 of the CRC.
The right to social security
Article 9 of the ICESCR recognises the right of everyone to social security, and article
26 of the CRC recognises the right of every child to benefit from social security.
The Bill engages these rights by extending the length of parental leave pay, supporting
mothers and birth parents, and fathers and partners to access more financial support
following the birth or adoption of a child.
The right to protection and assistance for families
In relation to the right to protection and assistance for families, article 10(2) of the
ICESCR recognises that special protection should be accorded to mothers during a
reasonable period before and after childbirth. During such period working mothers
should be accorded paid leave or leave with adequate social security benefits.
The Bill engages this right by extending the length of parental leave pay, supporting
women to take a longer time off work following the birth of a child.
The right to just and favourable conditions of work
The United Nations Committee on Economic, Social and Cultural Rights has
commented that article 7 of the ICESCR, regarding the right of everyone to the
enjoyment of just and favourable conditions of work, requires States Parties to take
steps to 'reduce the constraints faced by men and women in reconciling professional
and family responsibilities by promoting adequate policies for childcare and care of
dependent family members'.
The Bill engages this right by increasing the length of financial support available to
parents following the birth or adoption of a child, encouraging more fathers to take time
off work to bond with their newborn and support mothers. This will support parents to
better share caring and balance work responsibilities following a birth or adoption.
The right to maternity leave
The right to maternity leave is contained within article 11(2)(b) of the 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'.
The Bill engages this right by increasing the total amount of financial support available
to mothers and birth parents under the PPL Scheme. Mothers and birth parents who
are partnered will be able to receive up to 22 weeks of payment by 2026. Mothers and
birth parents who are not partnered will be able to receive up to 26 weeks of payment
by 2026.
2
Statement of compatibility with human rights
The PPL Scheme complements the unpaid leave entitlements under the National
Employment Standards in the Fair Work Act 2009. Parents who have worked
continuously for their employer for 12 months or more may have an entitlement to
12 months of unpaid parental leave under the National Employment Standards with
the option of extending that time by 12 months if the employer agrees.
The right to equal treatment
Article 3 of the ICESCR recognises ensuring the equal right of men and women to the
enjoyment of all economic, social and cultural rights.
This Bill engages this right by introducing changes to the PPL Scheme to better
support both men and women to take time off work following the birth or adoption of
their child. This supports families to make decisions on which parent works and/or
cares for the child, regardless of gender. In addition, more fathers and partners will be
able to access parental leave pay as the premature birth work test exemption for
fathers and partners is being reinstated, supporting the gender neutrality of the
scheme.
The right to respect for the family
The right to respect for the family under article 23 of the CCPR is closely related to the
prohibition under article 17 of the CCPR on unlawful or arbitrary interference with
family.
The CCPR General comment No.19: Article 23 provides that spouses should have
equal rights and responsibilities in the family.
The Bill engages these rights by supporting parents to take on equal caring roles if
they choose to do so. Mothers must provide consent for fathers and partners to access
parental leave pay. Within a 26-week scheme, this supports the health of birth parents
and children, while giving families the flexibility to allocate 22 weeks of parental leave
pay to best suit their health, family and work obligations.
The rights of the child
Article 3 of the CRC requires legislative bodies to consider the best interests of the
child as a primary consideration. The principle applies to all actions concerning
children and requires active measures to promote their survival, growth, and wellbeing,
as well as measures to support and assist parents and others who have day-to-day
responsibility for ensuring recognition of children's rights.
The objects of the PPL Scheme include enhancing the health and development of birth
mothers and children (see subparagraph 3A(2)(c)(ii) of the PPL Act). The PPL Scheme
is closely based on the 2009 inquiry report by the Productivity Commission, Paid
Parental Leave: Support for Parents with Newborn Children, which found that
exclusive parental care for at least 6 months fosters improved developmental
outcomes.
3
Statement of compatibility with human rights
Breastfeeding is widely accepted as contributing significantly to babies' health,
particularly during the first year of life, as well as in relation to later outcomes, the
World Health Organisation recommends that children be exclusively breastfed for the
first 6 months of life. The PPL Evaluation: Final Report found that "the introduction of
PPL provides mothers with the capacity to continue breastfeeding for longer, probably
primarily because of its effect in delaying their return to work".
OECD research shows that "where fathers participate more in childcare and family life,
children enjoy higher cognitive and emotional outcomes and physical health".
The Bill engages these rights by extending the length of parental leave pay for birth
parents, fathers and partners, supporting parents to take a longer time off work,
promoting the best interests of the child.
Conclusion
The Bill is compatible with human rights as it promotes the protection of human rights
by positively engaging with the right to social security, the right to protection and
assistance for families, the right to maternity leave, the right to equal treatment, the
right to respect for the family and the rights of the child.
[Circulated by the authority of the Minister for Social Services,
the Hon Amanda Rishworth MP]
4