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Paid Parental Leave Act 2010
In force
Administered by
Department of Social Services
Superseded version
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C2016C00917 C24
01 October 2016
-
20 October 2016
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Chapter 1—Introduction
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Part 1-1—Introduction
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Division 1—Preliminary
1 Short title
2 Commencement
3 Act binds Crown
3AA Norfolk Island
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Division 1A—Objects of this Act
3A Objects of this Act
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Division 2—Guide to this Act
4 Guide to this Act
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Part 1-2—Definitions
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Division 1—Guide to this Part
5 Guide to this Part
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Division 2—The Dictionary
6 The Dictionary
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Chapter 2—When parental leave pay is payable to a person
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Part 2-1—Key provisions
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Division 1—Guide to this Part
7 Guide to this Part
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Division 2—When parental leave pay is payable to a person
8 A determination must be made for parental leave pay to be payable to a person
9 For the determination to be made, the person must be eligible
10 For the determination to be made, the person must claim
11 The determination must specify the person’s PPL period
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Part 2-2—Determinations about whether parental leave pay is payable to a person
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Division 1—Guide to this Part
12 Guide to this Part
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Division 2—Determinations about whether parental leave pay is payable to a person
13 Determination on a primary claim made alone
14 Determination on primary and secondary claims made jointly—claimants sharing parental leave pay
15 Determination on primary and secondary claims made jointly—secondary claimant to get all the parental leave pay
16 Determination on a secondary claim made after the primary claim
17 Determination on a tertiary claim
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Division 3—When the Secretary cannot make a determination that parental leave pay is payable
18 The child’s birth has not been verified
19 The child was born before 1 January 2011
20 Multiple births
21 Parental leave pay is already payable to the person etc.
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Division 4—General provisions applying to determinations about whether parental leave pay is payable
22 Assumptions when making the determination
23 When the determination is in force
24 Notice of the determination
25 Revoking the determination on request
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Division 5—Initial eligibility determinations about parental leave pay
26 Initial eligibility determinations
27 Assumptions when making the initial eligibility determination
28 When the initial eligibility determination comes into force
29 Notice of the initial eligibility determination
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Part 2-3—Eligibility for parental leave pay
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Division 1—Guide to this Part
30 Guide to this Part
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Division 2—When a person is eligible for parental leave pay
31 When a person is eligible for parental leave pay
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Division 3—The work test
32 When a person satisfies the work test
33 The work test period
34 When a person performs qualifying work
35 When a person performs paid work
35A Hours of qualifying work on a day in a PPL or DAPP period
36 When there is a permissible break
36A Premature birth or pregnancy-related complications or illness
36B Claimant for parental leave pay who is already eligible for dad and partner pay
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Division 4—The income test
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Subdivision A—The income test
37 When a person satisfies the income test
38 A person’s adjusted taxable income
39 The reference income year
40 The relevant PPL income limit
41 The PPL income limit
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Subdivision B—Indexation of the PPL income limit
42 Indexation of the PPL income limit
43 The indexation factor
44 Rounding off indexed amounts
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Division 5—The Australian residency test
45 When a person satisfies the Australian residency test
46 Effect of absence from Australia on Australian residency test
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Division 6—Primary carer
47 When a person is the primary carer of a child
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Division 7—Return to work
48 When a person returns to work
49 When paid work is for a permissible purpose
50 Performing paid work on a keeping in touch day
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Part 2-4—Claims for parental leave pay
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Division 1—Guide to this Part
51 Guide to this Part
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Division 2—Claims for parental leave pay
52 Who can claim
53 Types of claims
54 Who can make a primary claim, secondary claim or tertiary claim
55 When a claim is effective
56 Requirements of the claim
57 Nominated start date
58 Expected date of birth and expected day of primary care
59 Tax file number statement
60 When to claim
61 Claim may be withdrawn or varied
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Chapter 3—Payment of parental leave pay
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Part 3-1—Instalments of parental leave pay
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Division 1—Guide to this Part
62 Guide to this Part
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Division 2—Instalments of parental leave pay
63 Instalments of parental leave pay
64 A person’s instalment period and the payday for an instalment
65 The amount of an instalment
66 Protection of instalment
67 Deductions authorised by person
68 Deductions for PAYG withholding
69 Deductions relating to child support
69A Deductions to avoid overpayment of income support payment If: (a) a payability determination that parental leave pay is payable to a person is made; and (b) an instalment for an instalment period becomes payable to the person by the Secretary on a particular day; and (c) before that day, the person was paid an amount of income support payment under the social security law or Veterans’ Entitlements Act 1986 for a period (the income support period) that falls within, or overlaps with, the instalment period; and (d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the instalment been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act; then the Secretary may deduct from the instalment an amount equal to the excess. Note: A person’s income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans’ Entitlements Act 1986. An instalment is income so payment of an instalment may reduce the amount of income support payment that is payable to the person. 70 No other deductions
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Part 3-2—Payment of instalments by employer
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Division 1—Guide to this Part
71 Guide to this Part
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Division 2—Payment of instalments by employer
72 When an employer pays instalments
73 When an employer has been paid enough to fund an instalment
74 Method of payment of instalment payable by employer
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Division 3—PPL funding amounts
75 Payment of PPL funding amounts
76 Rules affecting the amount of a PPL funding amount
77 Notice requirements relating to PPL funding amounts
79 Protection of PPL funding amounts
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Division 4—Obligations of employer relating to paying instalments
80 Giving person record of payment
81 Keeping records
82 Notifying Secretary if certain events happen
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Part 3-3—Payment of instalments by Secretary
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Division 1—Guide to this Part
83 Guide to this Part
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Division 2—Payment of instalments by Secretary
84 When the Secretary pays instalments
85 Payment of arrears—employer determination reviewed or revoked before coming into force
86 Payment of arrears—employer determination revoked after coming into force
87 Payment of arrears—extending PPL period after review
88 Method of payment of instalment payable by Secretary
89 Giving person record of payment
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Part 3-4—General rules relevant to paying instalments
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Division 1—Guide to this Part
90 Guide to this Part
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Division 2—General rules relevant to paying instalments
91 Effect of the Secretary or employer becoming required to pay instalments after start of PPL period
92 Effect of extending PPL period after review
93 Effect on instalment periods of employer determination coming into force after review
94 Effect on instalment periods of revocation etc.
95 Paying instalment on payday for later instalment—no later instalment
96 Paying instalment on particular day—complying with obligation
97 Effect of garnishee etc. order
98 Exemption from operation of workers’ compensation and accident compensation laws
99 PPL period is not a period of paid leave
99A Payment of paid parental leave does not affect other employer obligations
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Part 3-5—Employer determinations
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Division 1—Guide to this Part
100 Guide to this Part
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Division 2—Making employer determinations
101 Making employer determinations
102 Secretary must give notice of employer determination
103 Employer must respond to notice of employer determination
104 Requirements for an acceptance notice
105 Giving bank account and pay cycle information etc. after review
106 Effect of decision on review that parental leave pay is payable
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Division 3—When an employer determination is in force
107 When an employer determination comes into force
108 Revocation of an employer determination
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Division 4—Election by employer to pay instalments
109 Election by employer to pay instalments
110 Employer may withdraw an election
111 Secretary may cancel an election
112 When an election is in force
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Division 5—Notice of decisions
113 Notice of outcome of a payability determination
114 Notice of varying, setting aside etc. payability determination
115 Notice of other decisions
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Chapter 3A—Dad and partner pay
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Part 3A-1—Key provisions
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Division 1—Guide to this Part
115AA Guide to this Part
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Division 2—When dad and partner pay is payable to a person
115AB A determination must be made for dad and partner pay to be payable to a person
115AC For the determination to be made, the person must be eligible
115AD For the determination to be made, the person must claim
115AE The determination must specify the person’s DAPP period
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Part 3A-2—Determinations about whether dad and partner pay is payable to a person
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Division 1—Guide to this Part
115BA Guide to this Part
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Division 2—Determinations about whether dad and partner pay is payable to a person
115BB Determination on a claim for dad and partner pay
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Division 3—When the Secretary cannot make a determination that dad and partner pay is payable
115BC The child’s birth has not been verified
115BD The child was born before 1 January 2013
115BE Multiple births
115BF Dad and partner pay is already payable to the person etc.
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Division 4—General provisions applying to determinations about whether dad and partner pay is payable
115BG Assumptions when making the determination
115BH When the determination is in force
115BJ Notice of the determination
115BK Revoking the determination on request
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Division 5—Initial eligibility determinations about dad and partner pay
115BL Initial eligibility determinations
115BM Assumptions when making the initial eligibility determination
115BN When the initial eligibility determination comes into force
115BP Notice of the initial eligibility determination
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Part 3A-3—Eligibility for dad and partner pay
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Division 1—Guide to this Part
115CA Guide to this Part
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Division 2—When a DAPP claimant is eligible for dad and partner pay
115CB When a DAPP claimant is eligible for dad and partner pay
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Division 3—Applying the work test to claimants for dad and partner pay
115CC When a DAPP claimant satisfies the work test
115CD The work test period
115CE Premature birth
115CF DAPP claimant who is already eligible for parental leave pay
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Division 4—Applying the income test to claimants for dad and partner pay
115CG When a DAPP claimant satisfies the income test
115CH The reference income year
115CJ The relevant PPL income limit
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Division 5—Applying the Australian residency test to claimants for dad and partner pay
115CK When a DAPP claimant satisfies the Australian residency test
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Division 6—Caring for a child
115CL When a DAPP claimant is caring for a child
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Division 7—Not working
115CM When a DAPP claimant is not working
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Part 3A-4—Claims for dad and partner pay
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Division 1—Guide to this Part
115DA Guide to this Part
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Division 2—Claims for dad and partner day
115DB Who can claim
115DC Form of claim
115DD Who can make a claim for dad and partner pay
115DE When a claim is effective
115DF Requirements of the claim
115DG Nominated start date
115DH Expected or actual date of birth
115DJ Tax file number statement
115DK When to claim
115DL Claim may be withdrawn or varied
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Part 3A-5—Payment of dad and partner pay
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Division 1—Guide to this Part
115EA Guide to this Part
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Division 2—Payment of dad and partner pay
115EB Payment of dad and partner pay
115EC Amount of dad and partner pay
115ED Method of payment of dad and partner pay
115EE Giving person record of payment
115EF Effect of extending DAPP period after review
115EG Protection of payment
115EH Deductions for PAYG withholding
115EI Deductions to avoid overpayment of income support payment If: (a) a payability determination that dad and partner pay is payable to a person is made; and (b) an amount of dad and partner pay relating to the person’s DAPP period becomes payable to the person by the Secretary on a particular day; and (c) before that day, the person was paid an amount of income support payment under the social security law or Veterans’ Entitlements Act 1986 for a period (the income support period) that falls within, or overlaps with, the person’s DAPP period; and (d) the Secretary is satisfied that the amount of income support payment so paid exceeds the amount of income support payment that would have been payable to the person for the income support period under that law or Act had the amount of dad and partner pay been taken into account when working out the amount of income support payment payable to the person for that period under that law or Act; then the Secretary may deduct from the amount of dad and partner pay an amount equal to the excess. Note: A person’s income is taken into account when working out the amount of income support payment that is payable to the person under the social security law or the Veterans’ Entitlements Act 1986. An amount of dad and partner pay is income so payment of such an amount may reduce the amount of income support payment that is payable to the person. 115EJ No other deductions
115EK Effect of garnishee etc. order
115EL Exemption from operation of workers’ compensation and accident compensation laws
115EM DAPP period is not a period of paid leave
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Chapter 4—Compliance and enforcement
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Part 4-1—Information gathering
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Division 1—Guide to this Part
116 Guide to this Part
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Division 2—Information gathering
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Subdivision A—Gathering information from any person
117 General power to obtain information
118 Power to obtain information from a person who owes a debt to the Commonwealth
119 Obtaining information about a person who owes a debt to the Commonwealth
120 Written notice of requirement
121 Obligations not affected by State or Territory laws
122 Offence—failure to comply with requirement
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Subdivision B—Gathering information relating to tax file numbers
123 Secretary may require Commissioner of Taxation to provide tax file numbers etc.
124 Purposes for which tax file numbers may be used
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Subdivision C—Obligation to notify of change of circumstances
125 Obligation to notify of change of circumstances
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Division 3—Confidentiality
126 Operation of Division
127 Obtaining and using protected information
128 Disclosing personal information
129 Offence—unauthorised access to protected information
130 Offence—unauthorised use of protected information
130A Disclosure of information by AAT members—threat to life, health or welfare
131 Offence—soliciting disclosure of protected information
132 Offence—offering to supply protected information
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Division 4—Offences against Parts 7.3 and 7.4 of the Criminal Code
133 Repayment of instalment of parental leave pay, PPL funding amount or dad and partner pay
134 Penalty where person convicted of more than one offence
135 Joining of charges
136 Particulars of each offence
137 Trial of joined charges
138 Evidentiary effect of Secretary’s certificate
139 Enforcement of court certificate as judgment
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Part 4-2—Compliance
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Division 1—Guide to this Part
140 Guide to this Part
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Division 2—Referring matters to the Fair Work Ombudsman
141 Functions of the Fair Work Ombudsman
142 Exercise of compliance powers
143 Referring matters to the Fair Work Ombudsman
144 Fair Work Ombudsman to notify of outcome of investigation
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Division 3—Civil penalty orders
145 Involvement in contravention treated in same way as actual contravention
146 Civil penalty provisions
147 Civil penalty orders
148 Proceedings may be heard together
149 Time limit for application for an order
150 Civil evidence and procedure rules for civil penalty orders
151 Conduct contravening more than one civil penalty provision
152 Civil proceedings after criminal proceedings
153 Criminal proceedings during civil proceedings
154 Criminal proceedings after civil proceedings
155 Evidence given in proceedings for penalty not admissible in criminal proceedings
156 Requirement for person to assist in applications for civil penalty orders
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Division 4—Compliance notices
157 Giving a compliance notice
158 Fair Work Ombudsman to notify of outcome of compliance notice
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Division 5—Infringement notices
159 Giving an infringement notice
160 Withdrawal of an infringement notice
161 What happens if the penalty is paid
162 Effect of this Division on civil proceedings
163 Further provision in relation to infringement notices
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Part 4-3—Debt recovery
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Division 1—Guide to this Part
164 Guide to this Part
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Division 2—Main debts recoverable under this Act
165 Debts due to the Commonwealth
166 Parental leave pay instalment debts—instalments paid by employer
167 Parental leave pay instalment debts—instalments paid by Secretary
168 PPL funding amount debts—amounts not paid as parental leave pay instalments
168A Dad and partner pay debts
169 Wrong person receives parental leave pay instalment, PPL funding amount or dad and partner pay
170 Joint and several liability for debts arising because of false and misleading statements
171 Debts under the Data-matching Program (Assistance and Tax) Act 1990
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Division 3—Parental leave pay recoverable by employees from employers
172 PPL funding amount debts—debts owing by employers to employees
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Division 4—Debt notices and interest on debts
173 Debt notices—initial notice
174 Debt notices—further debt notice if repayments not made
175 Interest on debts—when interest becomes payable
176 Interest on debts—application
177 Interest on debts—recovery as a debt
178 Interest exemption determinations
179 Administrative charge
180 Penalty interest rate
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Division 5—How the Commonwealth can recover debts
181 Debts to which Division 5 applies
182 How to recover debts
183 Legal proceedings
184 Garnishee notices—general
185 Garnishee notices—amounts paid in compliance
186 Garnishee notices—debt for failure to comply with notice
187 Garnishee notices—offence for non-compliance
188 Garnishee notices—relationship with other laws
189 Legal proceedings and garnishee notices—time limits for debt recovery
190 Payment of debts by arrangement
191 Deductions from instalments payable to another person
192 Recovery from an ADI
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Division 6—Writing off debts
193 When debts can be written off
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Division 7—Waiver of debts
194 Waiver of debts—general
195 Waiver of debts—administrative error
196 Waiver of debts—arising from offence
197 Waiver of debts—small debts
198 Waiver of debts—settlement of civil actions
199 Waiver of debts—special circumstances
200 Waiver of debts—determined classes
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Division 8—Miscellaneous
201 Overseas application of debts
201A Debts arising from civil penalty orders
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Chapter 5—Review of decisions
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Part 5-1—Internal review of decisions
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Division 1—Guide to this Part
202 Guide to this Part
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Division 2—Internal review of decisions
203 Internal review—own-initiative review by Secretary
204 Internal review—own-initiative review and tribunal review
205 Internal review—review following application
206 Internal review—application for review of claimant decision
207 Internal review—application for review of employer determination decision
208 Internal review—application for review of employer funding amount decision
209 Internal review—withdrawal of application
210 Internal review—when decision made on review comes into force
211 Internal review—notice of decision on review of claimant decision
212 Internal review—notice of decision relating to employer
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Part 5-2—AAT first review of certain decisions
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Division 1—Guide to this Part
213 Guide to this Part
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Division 2—AAT first review of claimant decisions
215 Application of this Division
216 AAT first review of claimant decision—application for review
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Division 3—AAT first review of employer decisions
223 Application of this Division
224 AAT first review of employer decision—application for review
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Division 4—Other matters relating to AAT first reviews
224A Person who made the decision
225 Operation and implementation of decision under AAT first review
226 Variation of original decision after application is made for AAT first review
227 Procedure on receipt of application for AAT first review
228 AAT summons power for AAT first review
229 Secretary to provide further information for AAT first review
230 AAT’s power to obtain information for AAT first review
231 AAT may require Secretary to obtain information for AAT first review
232 Hearing of AAT first review in private
233 Costs of AAT first review
234 When AAT decision on AAT first review comes into force
235 Notification of decisions and reasons for AAT first review
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Part 5-3—AAT second review of claimant decisions
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Division 1—Guide to this Part
236 Guide to this Part
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Division 2—Applications for AAT second review
237 Applications for AAT second review
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Division 3—Matters relating to AAT second review
238 Application of this Division
240 Parties to an AAT second review
241 Operation and implementation of the AAT decision on AAT second review
242 Variation of original decision after application is made for AAT second review
243 Failure of party to appear
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Part 5-4—Other matters relating to review
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Division 1—Guide to this Part
270 Guide to this Part
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Division 2—Other matters relating to review
271 Authorised review officers
272 Review body may determine events to have happened, or not to have happened
273 Certain income test determinations not to be changed on review
273A Settlement of proceedings before the AAT
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Chapter 6—Miscellaneous
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Part 6-1—How this Act applies in particular circumstances
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Division 1—Guide to this Part
274 Guide to this Part
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Division 2—How this Act applies to an adopted child
275 How this Act applies to an adopted child
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Division 3—How this Act applies to claims made in exceptional circumstances and other cases
276 How this Act applies to claims made in exceptional circumstances
277 Primary carers when a child is stillborn or dies
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Division 3A—How this Act applies to claims for dad and partner pay made in prescribed circumstances
277A How this Act applies to claims for dad and partner pay made in prescribed circumstances
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Division 4—How this Act applies to Commonwealth employment
278 How this Act applies to Commonwealth employment
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Division 5—Loss of parental leave pay or dad and partner pay for persons on security grounds
278A Simplified outline of this Division
278B Loss of parental leave pay or dad and partner pay for persons on security grounds
278C Security notice from Attorney-General
278D Notice from Foreign Affairs Minister
278E Notice from Immigration Minister
278F Copy of security notice to be given to Secretaries
278G Period security notice is in force
278GA Annual review of security notice
278H Revoking a security notice
278J Notices may contain personal information
278K Decisions under Division not decisions of officers
278L Notices not legislative instruments
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Part 6-2—Nominees
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Division 1—Guide to this Part
279 Guide to this Part
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Division 2—Appointment of nominees
280 Appointment of payment nominee
281 Appointment of correspondence nominee
282 Provisions relating to appointments
283 Suspension and cancellation of nominee appointments
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Division 3—Payment to payment nominee
284 Payment of instalments to payment nominee
284A Payment of dad and partner pay to payment nominee
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Division 4—Functions and responsibilities of nominees
285 Actions of correspondence nominee on behalf of principal
286 Giving of notices to correspondence nominee
287 Compliance by correspondence nominee
288 Nominee to inform Department of matters affecting ability to act as nominee
289 Statement by payment nominee regarding disposal of money
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Division 5—Other matters relating to nominees
290 Protection of principal against liability for actions of nominee
291 Protection of nominee against criminal liability
292 Duty of nominee to principal
293 Saving of Secretary’s powers of revocation
294 Saving of Secretary’s powers to give notices to principal
295 Notification of nominee where notice given to principal
296 Right of nominee to attend with principal
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Part 6-3—Other matters
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Division 1—Guide to this Part
297 Guide to this Part
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Division 2—The Paid Parental Leave Rules
298 The PPL rules
299 Extension of Act to persons who are not employees and employers
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Division 3—Jurisdiction of courts
300 Jurisdiction of Federal Court
301 Jurisdiction of Federal Circuit Court
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Division 4—Other matters
302 General administration
303 Delegation
304 Decisions to be in writing
305 Secretary may arrange for use of computer programs to make decisions
306 Notice of decisions
307 Appropriation
307A Review of the operation of this Act
308 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
