Paid Parental Leave Amendment (Work Test) Act 2019
No. 84, 2019
An Act to amend the Paid Parental Leave Act 2010, and for related purposes
[Assented to 28 October 2019]
The Parliament of Australia enacts:
1 Short title
This Act is the Paid Parental Leave Amendment (Work Test) Act 2019.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 October 2019 |
| 2. Schedule 1 | 1 January 2020. | 1 January 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Paid Parental Leave Act 2010
1 Section 6
Insert:
claimant’s work cessation day: see paragraph 33(2A)(c).
2 Subsections 33(1) and (2)
Repeal the subsections, substitute:
Primary claimant’s work test period
(1) The work test period for the primary claimant is the 392 days immediately before:
(a) if:
(i) subsection (2A) applies in relation to the primary claimant; and
(ii) the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) or (c) of this subsection;
the claimant’s work cessation day; or
(b) if:
(i) the child of the primary claimant is born after the expected date of birth of the child; and
(ii) the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (c) of this subsection;
the expected date of birth of the child; or
(c) otherwise—the day the child is born.
(2) However, for the purposes of making an initial eligibility determination on a primary claim, the work test period for the primary claimant is the 392 days immediately before:
(a) if:
(i) subsection (2A) applies in relation to the primary claimant; and
(ii) the primary claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) of this subsection;
the claimant’s work cessation day; or
(b) otherwise—the expected date of birth of the child.
(2A) This subsection applies in relation to a primary claimant if:
(a) the primary claimant is pregnant with the child or is the birth mother of the child; and
(b) the primary claimant is performing or performed paid work of a particular kind before the birth of the child; and
(c) the primary claimant will cease or ceased performing that kind of work on a particular day (the claimant’s work cessation day) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and
(d) any conditions prescribed by the PPL rules are satisfied.
3 Subsection 36(2)
Omit “56”, substitute “84”.
4 Paragraph 36(3)(c)
Omit “56”, substitute “84”.
5 Application of amendments
The amendments made by this Schedule apply in relation to a claim for parental leave pay for a child who:
(a) if the child is an adopted child—becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010) on or after the commencement of this item; or
(b) otherwise—is born on or after the commencement of this item.