Paid Parental Leave Act. Australia

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 When a claim is effective

      (1) A claim is not effective unless the requirements of the following provisions that apply to the claim are satisfied:

      (a) section 56 (which deals with the form etc. of the claim);

      (b) section 57 (which deals with the nominated start date);

      (c) section 58 (which deals with expected date of birth etc.);

      (d) section 59 (which deals with tax file number statements);

      (e) section 60 (which deals with when to make the claim).

      (2) A claim is also not effective if it is made by a person who cannot make that type of claim under section 54.

      (3) A claim that is not effective is taken not to have been made.

      56 Requirements of the claim

      (1) The claim must:

      (a) be made in the form approved, and the manner required, by the Secretary for that type of claim; and

      (b) contain any information (including information about the claimant’s employer or the claimant’s employment with that employer) required by the Secretary; and

      (c) be accompanied by any documents required by the Secretary.

      (2) For the purposes of paragraphs (1)(b) and (c), the Secretary may require that different information be contained in, and different documents accompany:

      (a) different types of claims; or

      (b) different claims of the same type of claim.

      57 Nominated start date

      (1) If the claim is a primary claim, the claim must state a specific date (the nominated start date) on which the primary claimant wants parental leave pay to start being paid.

      Note 1: For the purposes of subsection (1), “6 months after the birth of the child” would not be a specific date. However, the “date of birth of the child” would be.

      Note 2: Even though a primary claimant nominates a specific date, parental leave pay may not be payable from that date because, for example, the primary claimant has not verified the child’s birth before that date: see subsection 11(4).