When a person satisfies this subsection
(2) A person satisfies this subsection if the person is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act, and either of the following applies:
(a) the person is in Australia;
(b) the person:
(i) is temporarily absent from Australia for not more than 13 weeks; and
(ii) the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
46 Effect of absence from Australia on Australian residency test
(1) Despite section 45, a person does not satisfy the Australian residency test on a day (the relevant day) if:
(a) before the relevant day, the person left Australia; and
(b) on the relevant day, the person has been absent from Australia for more than 3 years since the day the person left Australia.
Effect of a person’s return to Australia within 3 years
(2) If:
(a) a person who has been absent from Australia for more than 13 weeks, but not more than 3 years, returns to Australia; and
(b) the person leaves Australia again less than 13 weeks later;
then the person is taken not to have returned to Australia for the purposes of subsection (1).
Effect of a person’s return to Australia after 3 years
(3) If:
(a) a person satisfies the Australian residency test while the person is absent from Australia; and
(b) the person then ceases to satisfy the Australian residency test because of the application of subsection (1) or a previous application of this subsection; and
(c) the person returns to Australia; and
(d) the person leaves Australia again less than 13 weeks later;
then, despite section 45, the person does not satisfy the Australian residency test at any time during:
(e) the person’s return to Australia referred to in paragraph (c); or
(f) the person’s absence from Australia referred to in paragraph (d).
Division 6—Primary carer
47 When a person is the primary carer of 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