Commonwealth: Paid Parental Leave Act 2010 (Cth)

Paid Parental Leave Act 2010 No. 104, 2010 Compilation No. 45 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Paid Parental Leave Act 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Part 1‑1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Act binds Crown 3AA Norfolk Island Division 1A—Objects of this Act 3A Objects of this Act Division 2—Guide to this Act 4 Guide to this Act Part 1‑2—Definitions Division 1—Guide to this Part 5 Guide to this Part Division 2—The Dictionary 6 The Dictionary Chapter 2—When parental leave pay is payable to a person Part 2‑1—Key provisions Division 1—Guide to this Part 7 Guide to this Part Division 3—When parental leave pay for a flexible PPL day for a child is payable to a person 11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person 11B For a determination to be made, the person must be eligible 11C For a determination to be made, the person must claim 11D Flexible PPL day Part 2‑2—Determinations about whether parental leave pay is payable to a person Division 1—Guide to this Part 12 Guide to this Part Division 2—Determination about whether parental leave pay for a flexible PPL day is payable to a person 13 Determination on a PPL claim 14 Determination on a special PPL claim 15 Permission to claim flexible PPL days for a child Division 3—When the Secretary cannot make a determination that parental leave pay is payable 18 The child's birth has not been verified 19B Parental leave pay not payable to COVID‑19 affected claimant if child born after 31 March 2021 20 Multiple births 21 Limit on number of flexible PPL days for which parental leave pay is payable to more than one person 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 Division 5—Initial eligibility determinations about parental leave pay 26A Initial eligibility determinations relating to flexible PPL days for a child 27 Assumptions when making the initial eligibility determination 28 When the initial eligibility determination comes into force 29 Notice of the initial eligibility determination Part 2‑3—Eligibility for parental leave pay Division 1—Guide to this Part 30 Guide to this Part Division 2—When a person is eligible for parental leave pay 31AA When a person is eligible for parental leave pay on a flexible PPL day for a child 31AB When a person is not eligible for parental leave pay on a flexible PPL day for a child 31ABA Maximum number of flexible PPL days 31A Newly arrived resident's waiting period Division 3—The work test 32 When a person satisfies the work test 33 The work test period—claimants other than COVID‑19 affected claimants 33A The work test period—COVID‑19 affected claimants 34 When a person performs qualifying work 35 When a person performs paid work 35A Hours of qualifying work on a flexible PPL day 35B Hours of qualifying work on a day in a jobkeeper payment period 35C Hours of qualifying work on a day in a COVID‑19 Australian Government payment period 36 When there is a permissible break 36A Premature birth or pregnancy‑related complications or illness 36AA Special circumstances Division 4—The income test 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 individual PPL income limit and relevant family PPL income limit 41 The individual PPL income limit and family PPL income limit Subdivision B—Indexation of individual and family PPL income limits 42 Indexation of individual and family PPL income limits 43 The indexation factor 44 Rounding off indexed amounts 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 Division 6—Caring for a child 47 When a person is caring for a child Part 2‑4—Claims for parental leave pay Division 1—Guide to this Part 51 Guide to this Part Division 2—Claims for parental leave pay 52 Who can claim 53 Types of claims 54 Who can make a PPL claim or special PPL claim 55 When a claim is effective 56 Requirements of the claim 57A Specification in claim of flexible PPL days for a child etc. 58 Expected date of birth 59 Tax file number statement 59A Permission to make claims for flexible PPL days for a child 60 When to claim 61 Claim may be withdrawn or varied Chapter 3—Payment of parental leave pay Part 3‑1—Instalments of parental leave pay Division 1—Guide to this Part 62 Guide to this Part 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 69B Deductions relating to debt owed to the Commonwealth 70 No other deductions Part 3‑2—Payment of instalments by employer Division 1—Guide to this Part 71 Guide to this Part Division 1A—Continuous flexible periods 71A When a person has a continuous flexible period 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 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 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 Part 3‑3—Payment of instalments by Secretary Division 1—Guide to this Part 83 Guide to this Part 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 continuous flexible period after review 88 Method of payment of instalment payable by Secretary 89 Giving person record of payment Part 3‑4—General rules relevant to paying instalments Division 1—Guide to this Part 90 Guide to this Part Division 2—General rules relevant to paying instalments 91 Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period 92A Effect of extending a person's continuous flexible 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 Period receiving parental leave pay is not a period of paid leave 99A Payment of paid parental leave does not affect other employer obligations Part 3‑5—Employer determinations Division 1—Guide to this Part 100 Guide to this Part 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 Division 3—When an employer determination is in force 107 When an employer determination comes into force 108 Revocation of an employer determination 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 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 Chapter 3A—Paid Parental Leave Superannuation Contributions Part 1—Payability and amount of PPL superannuation contribution Division 1—Guide to this Part 115A Guide to this Part Division 2—Payability and amount of PPL superannuation contribution 115B Person for whom PPL superannuation contribution payable 115C Amount of PPL superannuation contribution 115D Commissioner's determination Part 2—Payment of PPL superannuation contributions Division 1—Guide to this Part 115E Guide to this Part Division 2—How payments are made 115F Commissioner to determine where PPL superannuation contribution is to be directed 115G Return of PPL superannuation contribution that cannot be credited to account 115H Payment of PPL superannuation contribution 115J Commissioner to give payment information Division 3—Underpayments 115K Underpayment determinations 115L Return of underpaid amount that cannot be credited to account 115M Interest amount if underpaid amount paid late in certain circumstances 115N Interest amount if underpaid amount due to administrative error Division 4—Overpayments 115P Recovery of overpayment of PPL superannuation contribution Division 5—General interest charge 115Q When general interest charge payable Part 3—Enforcement Division 1—Guide to this Part 115R Guide to this Part Division 2—Record keeping 115S Records to be kept and retained by superannuation provider Division 3—Infringement notices 115T When an infringement notice can be served 115U Matters to be included in an infringement notice 115V Withdrawal of infringement notice 115W What happens if penalty is paid 115X More than one infringement notice may not be served for the same offence 115Y Infringement notice not required to be served 115Z Commissioner may extend period for payment of penalty Part 4—Administration Division 1—Guide to this Part 115ZA Guide to this Part Division 2—Administration of this Chapter 115ZB Commissioner to have general administration of this Chapter 115ZC Decisions to be in writing 115ZD Commissioner may arrange for use of computer programs to make decisions 115ZE Tax file numbers Division 3—Review of decisions 115ZF Review of decisions 115ZG Authorised review officers 115ZH Withdrawal of review applications Chapter 4—Compliance and enforcement Part 4‑1—Information gathering Division 1—Guide to this Part 116 Guide to this Part Division 2—Information gathering Subdivision A—Gathering information from any person 116A Reasonable belief needed to require information or documents 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 Relationship with other laws 122 Offence—failure to comply with requirement 122A Self‑incrimination 122B Use of information in investigations etc. 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 Subdivision C—Obligation to notify of change of circumstances 125 Obligation to notify of change of circumstances 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 ART members—threat to life, health or welfare 131 Offence—soliciting disclosure of protected information 132 Offence—offering to supply protected information Division 4—Offences against Parts 7.3 and 7.4 of the Criminal Code 133 Repayment of instalment of parental leave pay or PPL funding amount 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 Part 4‑2—Compliance Division 1—Guide to this Part 140 Guide to this Part 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 Division 3—Civil penalty orders 146 Civil penalty provisions 147 Civil penalty orders 156 Requirement for person to assist in applications for civil penalty orders Division 4—Compliance notices 157 Giving a compliance notice 158 Fair Work Ombudsman to notify of outcome of compliance notice Division 5—Infringement notices 159 Infringement notices Part 4‑3—Debt recovery Division 1—Guide to this Part 164 Guide to this Part 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 the Secretary 168 PPL funding amount debts—amounts not paid as parental leave pay instalments 169 Wrong person receives parental leave pay instalment or PPL funding amount 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 Division 3—Parental leave pay recoverable by employees from employers 172 PPL funding amount debts—debts owing by employers to employees Division 4—Debt notices and interest on debts 173 Notices in respect of debt 174 Interest charge—no debt payment arrangement in effect 175 Interest charge—failure to comply with or termination of debt payment arrangement 176 Other rules for interest charge 177 What is the interest charge rate? 178 Exemption from interest charge—general 179 Exemption from interest charge—Secretary's determination 180 Guidelines on interest charge provisions 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 190 Payment of debts by arrangement 190A Secretary may determine amounts to be deducted from instalments payable to debtor 191 Deductions from instalments payable to another person 192 Recovery from an ADI 192A No time limit on debt recovery action Division 6—Writing off debts 193 When debts can be written off 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 Division 7A—Departure prohibition orders Subdivision A—Secretary may make departure prohibition orders 200A Secretary may make departure prohibition orders Subdivision B—Departure from Australia of debtors prohibited 200B Departure from Australia of debtors prohibited Subdivision C—Other rules for departure prohibition orders 200C Notification requirements for departure prohibition orders 200D Operation of departure prohibition order 200E Revocation and variation of departure prohibition orders 200F Notification requirements for revocations and variations Subdivision D—Departure authorisation certificates 200G Application for departure authorisation certificate 200H When Secretary must issue departure authorisation certificate 200J Security for person's return to Australia 200K What departure authorisation certificate must authorise 200L Notification requirements for departure authorisation certificates 200M Notification requirements for substituted days Subdivision E—Appeals and review in relation to departure prohibition orders and departure authorisation certificates 200N Appeals to courts against making of departure prohibition orders 200P Jurisdiction of courts 200Q Orders of court on appeal 200R Review of decisions Subdivision F—Enforcement 200S Powers of officers of Customs and members of the Australian Federal Police 200T Privilege against self‑incrimination 200U Production of authority to depart Subdivision G—Interpretation 200V Interpretation—departure from Australia for foreign country 200W Meaning of Australia Division 8—Miscellaneous 201 Overseas application of debts 201A Debts arising from civil penalty orders Chapter 5—Review of decisions Part 5‑1—Internal review of decisions Division 1—Guide to this Part 202 Guide to this Part 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 Part 5‑2—ART review of certain decisions Division 1—Guide to this Part 213 Guide to this Part Division 2—ART review of claimant decisions 215 Application of this Division 216 ART review of claimant decision—application for review Division 3—ART review of employer decisions 223 Application of this Division 224 ART review of employer decision—application for review Division 4—Other matters relating to ART reviews 224A Person who made the decision 224B Decision‑maker taken to have elected not to participate in ART review proceeding 225 Operation and implementation of decision under ART review 225A Remitting decisions for reconsideration 225B Requesting reasons for decision 225C Legal or financial assistance 226 Variation of original decision after application is made for ART review 227 Procedure on receipt of application for certain ART reviews 230 ART's power to obtain information for ART review 231 ART may require Secretary to obtain information for ART review 232 Hearing of certain ART reviews in private 233 Costs of ART review 234 When ART decision on ART review comes into force Part 5‑4—Other matters relating to review Division 1—Guide to this Part 270 Guide to this Part 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 ART Chapter 6—Miscellaneous Part 6‑1—How this Act applies in particular circumstances Division 1—Guide to this Part 274 Guide to this Part Division 2—How this Act applies to an adopted child 275 How this Act applies to an adopted child 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 Caring for a child when a child is stillborn or dies Division 4—How this Act applies to Commonwealth employment 278 How this Act applies to Commonwealth employment Division 5—Loss of parental leave pay for persons on security grounds 278A Simplified outline of this Division 278B Loss of parental leave pay for persons on security grounds 278C Security notice from Home Affairs Minister 278D Notice from Foreign Affairs 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 Part 6‑2—Nominees Division 1—Guide to this Part 279 Guide to this Part 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 Division 3—Payment to payment nominee 284 Payment of instalments to payment nominee 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 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 Part 6‑3—Other matters Division 1—Guide to this Part 297 Guide to this Part Division 2—The Paid Parental Leave Rules 298 The PPL rules 299 Extension of Act to persons who are not employees and employers Division 3—Jurisdiction of courts 300 Jurisdiction of Federal Court 301 Jurisdiction of Federal Circuit and Family Court of Australia (Division 2) 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act to provide for a paid parental leave scheme, and for related purposes Chapter 1—Introduction Part 1‑1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the Paid Parental Leave Act 2010. 2 Commencement This Act commences on 1 October 2010. 3 Act binds Crown (1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence. 3AA Norfolk Island This Act extends to Norfolk Island. Division 1A—Objects of this Act 3A Objects of this Act (1) This Act establishes a paid parental leave scheme for the payment of parental leave pay and paid parental leave superannuation contributions. (2) The objects of the paid parental leave scheme are to: (a) signal that taking time out of the paid workforce to care for a child is part of the usual course of life and work for both parents; and (b) promote equality between men and women and balance between work and family life; and (c) provide financial support to parents caring for children, in order to: (i) allow those parents to take time off work to care for the child after the child's birth or adoption; and (ii) enhance the health and development of birth mothers and children; and (iii) encourage women to continue to participate in the workforce; and (iv) provide those parents with flexibility to balance work and family life; and (v) increase the time that fathers and partners take off work around the time of birth or adoption; and (vi) create further opportunities for fathers and partners to bond with their child; and (vii) allow fathers and partners to take a greater share of caring responsibilities and to support mothers and partners from the beginning; and (viii) reduce the long term financial impact of taking time off work to care for the child by adding to the superannuation balances of those parents. (3) The financial support provided by this Act is intended to complement and supplement existing entitlements to paid or unpaid leave in connection with the birth or adoption of a child. Division 2—Guide to this Act 4 Guide to this Act Overview This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child. Parental leave pay is payable to a person for a child for a flexible PPL day for the child. The number of flexible PPL days for the child for which parental leave pay can be paid is limited. Parental leave pay is paid in instalments at the daily national minimum wage amount for a day that is a flexible PPL day for the child and for which parental leave pay is payable to the person. Parental leave pay is paid by either the person's employer (if it is for at least 40 consecutive flexible PPL days for a child that are week days) or the Secretary. Chapter 2—When parental leave pay is payable to a person Chapter 2 sets out when parental leave pay is payable to a person. The key provisions for the Chapter are found in Part 2‑1. A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination. The Secretary cannot make that determination if the person is not eligible for parental leave pay. Part 2‑3 has the rules about eligibility. The Secretary also cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims. There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made. Chapter 3—Payment of parental leave pay Chapter 3 sets out how parental leave pay is paid to a person. Part 3‑1 is about instalments of parental leave pay. It deals with when instalments must be paid, whether the person's employer or the Secretary must pay them and the amount of the instalments. Part 3‑2 sets out when a person's employer must pay instalments to the person. An employer is required to pay an instalment to a person in relation to a child if: (a) an employer determination has come into force for the employer and the person; and (b) the instalment is payable in relation to a flexible PPL day for the child that falls within the person's continuous flexible period for the child (which consists of at least 40 consecutive flexible PPL days for the child that are week days); and (c) the employer has been paid enough by the Secretary to fund the instalment. Part 3‑3 sets out when the Secretary must pay instalments directly to the person. For instance, the Secretary is required to do that if an employer determination is never made for the person (e.g. the person is a contractor and so does not have an employer). There are some other circumstances in which the Secretary is also required to pay instalments directly to the person (such as when an employer determination is being reviewed or has been revoked). Part 3‑4 has general rules about the payment of instalments (such as what happens when an instalment cannot be paid on the day specified in this Act). Part 3‑5 is about employer determinations. If an employer determination is in force for an employer and a person, the employer must pay instalments to the person. The Secretary must be satisfied that certain conditions have been met before the Secretary can make an employer determination. Chapter 3A—PPL superannuation contributions A PPL superannuation contribution is payable for a person for an income year if one or more PPL funding amounts or instalments relating to the person are paid by the Secretary in the income year. The amount of a PPL superannuation contribution is calculated on the basis of the SG charge percentage for the income year and is generally paid by the Commissioner of Taxation in the subsequent income year to a complying superannuation fund for the person. The Commissioner of Taxation has the general administration of Chapter 3A. Chapter 4—Compliance and enforcement Chapter 4 deals with compliance and enforcement. Part 4‑1 allows the Secretary to gather information for the purposes of checking compliance with this Act. It also deals with the confidentiality of personal and protected information. Part 4‑2 deals with other compliance matters. It allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer has not complied with certain obligations under this Act. It also deals with civil penalty provisions, compliance notices and infringement notices. Part 4‑3 provides for debts in relation to the paid parental leave scheme, and for the recovery of debts owing to the Commonwealth. Chapter 5—Administrative review of decisions Chapter 5 is about administrative review of decisions made under this Act. Part 5‑1 allows the Secretary, on the Secretary's own initiative, to conduct an internal review of decisions made under this Act. It also allows a person whose interests are affected by certain types of decisions to seek internal review of those decisions, and an employer to seek internal review of certain types of decisions that affect employers. Part 5‑2 allows a person to apply to the Administrative Review Tribunal (ART) for review of certain decisions made under this Act. This review is called ART review. If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review. In other circumstances, application may be made for review (a "second review") of the decision by the ART on ART review. Applications for second review are made under the ART Act. Part 5‑4 has miscellaneous provisions relating to reviews of decisions made under this Act. Chapter 6—Miscellaneous Chapter 6 has miscellaneous provisions. Part 6‑1 has rules that modify this Act so that it applies correctly in 3 limited kinds of cases—adoption, claims made in exceptional circumstances etc. and Commonwealth employment. Part 6‑2 is about payment nominees (who are people who can receive payments of instalments of parental leave pay on behalf of other people for the purposes of this Act) and correspondence nominees (who are people who can receive notices on behalf of other people for the purposes of this Act). Part 6‑3 deals with other miscellaneous matters, such as the PPL rules, delegations and regulations. Part 1‑2—Definitions Division 1—Guide to this Part 5 Guide to this Part This Part is about the terms that are defined in this Act. Division 2 has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition. Division 2—The Dictionary 6 The Dictionary In this Act: ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. acceptance notice: see section 103. ADI (short for authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959. adjusted taxable income: see section 38. ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART. ART review: (a) in relation to an ART reviewable claimant decision—see section 216; and (b) in relation to an ART reviewable employer decision—see section 224. ART reviewable claimant decision: see subsection 215(3). ART reviewable employer decision: see subsection 223(2). Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. Note: In Division 7A of Part 4‑3 (about departure prohibition orders), Australia has an extended meaning. Australian‑based employee means an employee: (a) whose primary place of work is in Australia; or (b) who is employed by an Australian government employer. Australian government employer means: (a) the Commonwealth; or (b) a State; or (c) a Territory; or (d) a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or (e) a body corporate: (i) incorporated under a law of the Commonwealth, a State or a Territory; and (ii) in which the Commonwealth, a State or a Territory, has a controlling interest. Australian residency test: see sections 45 and 46. Australian resident has the same meaning as in the Social Security Act. Australian travel document has the same meaning as in the Australian Passports Act 2005. authorised party, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in relation to the adoption, is authorised to conduct negotiations or arrangements for the adoption of children. authorised review officer means an officer authorised under section 271 to be an authorised review officer for the purposes of this Act. bank account includes an account held with an ADI. bank account information: see subsection 104(2). base contribution: see subsection 115C(2). base interest rate for a day has the same meaning as in section 8AAD of the Taxation Administration Act 1953. birth verification form: see subsection 18(4). 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. business includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee. caring: see section 47. Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. civil penalty provision has the same meaning as in the Regulatory Powers Act. claim means a PPL claim or special PPL claim for parental leave pay for a child. claimant means a person who is a PPL claimant or special PPL claimant. claimant decision: see section 206. claimant's work cessation day: see paragraph 33(2A)(c). Commissioner means the Commissioner of Taxation. Commonwealth agency means any of the following: (a) a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; (b) any other unincorporated body established for a public purpose by or under a law of the Commonwealth. compliance notice: see subsection 157(3). complying superannuation fund has the same meaning as in the Income Tax Assessment Act 1997. conditional eligibility determination means a determination of a kind mentioned in paragraph 13(6)(b) or 14(4)(b). constitutionally protected fund has the same meaning as in the Income Tax Assessment Act 1997. continuous flexible period: see section 71A. controls an entity: see subsection 35(4). correspondence nominee means a person who is appointed as a correspondence nominee under section 281. COVID‑19 affected claimant: a person is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child if: (a) either: (i) the child is or was born between 22 March 2020 and 31 March 2021; or (ii) if the claim is made before the child's birth—the child's expected date of birth is during that period; and (b) the person must satisfy the work test to be eligible for parental leave pay; and (c) the Secretary is satisfied that any of the following circumstances apply in relation to the person: (i) the person became unemployed as a result of the adverse effects of the coronavirus known as COVID‑19; (ii) the person's working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID‑19; (iii) a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID‑19; and (d) as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person's work test period were the period under section 33. COVID‑19 Australian Government payment: see subsection 34(6). COVID‑19 Australian Government payment period: see subsection 34(5). credit to an RSA that is a policy (within the meaning of the Life Insurance Act 1995) means pay as a premium in relation to the policy. daily national minimum wage amount: see subsection 65(2). debt payment arrangement: see section 190. decision has the same meaning as in the ART Act. defence force member means a member of the Australian Defence Force. departure authorisation certificate means a certificate under Subdivision D of Division 7A of Part 4‑3. departure prohibition order means an order under Subdivision A of Division 7A of Part 4‑3 (including such an order varied under Subdivision C of that Division). effective claim means a claim that is made in accordance with Part 2‑4. eligible for parental leave pay: see section 31AA. employee has its ordinary meaning and: (a) includes a reference to a person who is usually such an employee; and (b) does not include a person on a vocational placement. employer has its ordinary meaning and includes a reference to a person who is usually such an employer. employer determination: see section 101. employer determination decision: see section 207. employer funding amount decision: see section 208. employer notice means the later of any one or more of the following notices given to an employer: (a) a notice under section 102; (b) a notice under section 113; (c) a notice under section 114. engage in conduct means: (a) do an act; or (b) omit to perform an act. entity means any of the following: (a) a natural person; (b) a body corporate; (c) a body politic; (d) a partnership; (e) any other unincorporated association or body of persons; (f) a trust. exceptional circumstances: a claim is made in exceptional circumstances if it is made by a person who satisfies: (a) paragraph 54(1)(g) (which deals with PPL claims); or (b) paragraph 54(2)(b) (which deals with special PPL claims). Fair Work Act means the Fair Work Act 2009. Family Assistance Act means the A New Tax System (Family Assistance) Act 1999. family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999. family PPL income limit: see subsection 41(2). farm household allowance has the same meaning as in the Farm Household Support Act 2014. Federal Court means the Federal Court of Australia. financial institution means: (a) an ADI; or (b) the Reserve Bank of Australia; or (c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution. flexible PPL day: see subsection 11D(1). Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005. garnishee, in relation to a garnishee notice: see section 184. garnishee notice: see section 184. general interest charge means the charge worked out under Part IIA of the Taxation Administration Act 1953. guidance and appeals panel has the same meaning as in the ART Act. guidance and appeals panel application has the same meaning as in the ART Act. guidance and appeals panel proceeding has the same meaning as in the ART Act. has not previously satisfied the work and income tests: a person has not previously satisfied the work and income tests in relation to a child if both of the following apply: (a) no payability determination is in force that parental leave pay is payable to the person in relation to the child; (b) no conditional eligibility determination is in force that relates to the person and child. holder, of a visa, has the same meaning as in the Migration Act 1958. Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. Human Services Department means Services Australia. Human Services Secretary means the Chief Executive Officer of Services Australia. income support payment has the same meaning as in section 23 of the Social Security Act. income test: see section 37. income year has the same meaning as in the Income Tax Assessment Act 1997. indexation day: see subsection 42(1). indexation factor: see subsection 43(1). indexed amount: see subsection 42(3). individual PPL income limit: see subsection 41(1). initial eligibility determination: see section 26A. insolvent: a person is insolvent if: (a) for a natural person—the person is an insolvent under administration; and (b) for a person that is or was a body corporate: (i) the person is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001) or an entity with a similar status under a law of a foreign country; or (ii) a provisional liquidator has been appointed in relation to the person under section 472 of the Corporations Act 2001; or (iii) a person with a similar status to a provisional liquidator has been appointed in relation to the person under a law of a foreign country. instalment means an instalment of parental leave pay. instalment period for a person: see section 64. interest charge rate: see section 177. jobkeeper payment: see subsection 34(4). jobkeeper payment period: see subsection 34(3). law enforcement officer means: (a) a member of a police force or police service of the Commonwealth, a State or a Territory; or (b) a person appointed to a position for the purposes of being trained as a member of a police force or police service of the Commonwealth, a State or a Territory; or (c) a person who has the powers and duties of a member of a police force or police service of the Commonwealth, a State or a Territory; and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer. legal personal representative of a person who has died means an executor or administrator of the person's estate. minimum amount for a PPL funding amount: see subsection 76(2). national minimum wage order has the same meaning as in the Fair Work Act. nominal interest rate amount: see subsection 115C(5). nominee means a correspondence nominee or a payment nominee. officer means a person performing duties, or exercising powers or functions, under or in relation to this Act. original debt: see section 184. original debtor: see section 184. paid enough to fund an instalment: see section 73. paid work: see section 35. parent: (a) when used in relation to a child who has been adopted—means an adoptive parent of the child; and (b) when used in relation to a child born because of the carrying out of an artificial conception procedure—means a person who is a parent of the child under section 60H of the Family Law Act 1975; and (c) when used in relation to a child born because of a surrogacy arrangement—includes a person who is a parent of the child under section 60HB of the Family Law Act 1975. parental leave pay means payments of parental leave pay under this Act. partner has the same meaning as in the Social Security Act. payability determination means a determination made under section 13 or 14 that parental leave pay is, or is not, payable to a person for a child. pay cycle information: see subsection 104(3). payday for an instalment: see section 64. payment date means: (a) for a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115H; or (b) for an underpaid amount of a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115M. payment nominee means a person who is appointed as a payment nominee under section 280. payroll cut‑off for an instalment that is payable to a person means the last day on which the person's employer can reasonably make changes to the instalment to be paid to, or in relation to, the person on the person's payday for the instalment. permanent visa has the same meaning as in the Migration Act 1958. permissible break: see subsection 36(1). PPL is short for paid parental leave. PPL agency means: (a) the Department; or (b) the Human Services Department. PPL agency representative means: (a) for the Department—the Secretary; or (b) for the Human Services Department—the Chief Executive Centrelink or the Chief Executive Medicare. PPL claim: see subsection 53(2). PPL claimant means a person who has made an effective PPL claim for parental leave pay for a child. PPL funding amount: see subsection 75(1). PPL requirement: see subsection 287(6). PPL rules (short for Paid Parental Leave Rules) means the rules made by the Minister under section 298. PPL superannuation contribution (short for Paid Parental Leave superannuation contribution) means a PPL superannuation contribution payable under section 115B. principal in relation to a nominee, means the person in relation to whom the nominee was appointed. protected information means: (aa) information about a person that is or was held in the records of the Department; or (ab) information about a person that is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or (a) information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or (b) information about a person obtained by an officer under this Act that was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or (c) information to the effect that there is no information about a person held in the records of a PPL agency. provider of an RSA has the same meaning as in the Retirement Savings Accounts Act 1997. provisional indexed amount: see section 42. qualifying period: see section 32. qualifying work: see section 34. reference income year: see section 39. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant family PPL income limit: see subsection 40(2). relevant individual PPL income limit: see subsection 40(1). resides in Australia has the same meaning as in the Social Security Act. RSA has the same meaning as in the Retirement Savings Accounts Act 1997. saved amount: see subsection 97(2). Secretary means the Secretary of the Department. security notice means a notice under section 278C. SG charge percentage: see subsection 115C(4). Social Security Act means the Social Security Act 1991. social security benefit has the same meaning as in the Social Security Act. social security law has the same meaning as in the Social Security Act. social security pension has the same meaning as in the Social Security Act. special category visa has the same meaning as in the Migration Act 1958. special PPL claim: see subsection 53(3). special PPL claimant means a person who has made an effective special PPL claim for parental leave pay for a child for which another person has made a PPL claim. stillborn, in relation to a child, means a child: (a) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and (b) who has not breathed since delivery; and (c) whose heart has not beaten since delivery. subject to review: an employer determination is subject to review until: (a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and (b) if there is such a review or appeal of or in relation to the determination—the review or appeal (and any later reviews or appeals) have been finally disposed of. Superannuation Holding Accounts Special Account means the Superannuation Holding Accounts Special Account continued in existence by section 8 of the Small Superannuation Accounts Act 1995. superannuation provider means: (a) the trustee of a complying superannuation fund; or (b) the provider of an RSA; or (c) the trustee of a constitutionally protected fund. taxation officer means a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953. tax file number has the same meaning as in section 202A of the Income Tax Assessment Act 1936. tax file number statement: see subsection 59(1). this Act includes the PPL rules and the regulations. transfer day: see subsections 84(3), (4) and (5). trustee of a superannuation fund, or constitutionally protected fund, means: (a) if there is a trustee (within the ordinary meaning of that expression) of the fund—the trustee; or (b) otherwise—the person who manages the fund. underpaid amount of a PPL superannuation contribution has the meaning given by subsection 115K(2). verifies a child's birth: see section 18. veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986. vocational placement means a placement that is: (a) undertaken with an employer for which a person is not entitled to be paid any remuneration; and (b) undertaken as a requirement of an education or training course; and (c) authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory. week day means a day that is not a Saturday or a Sunday. working day means a day that is not a Saturday, a Sunday or a public holiday. work test: see Division 3 of Part 2‑3. work test period: see sections 33 and 33A. Chapter 2—When parental leave pay is payable to a person Part 2‑1—Key provisions Division 1—Guide to this Part 7 Guide to this Part This Part has the key provisions for this Chapter (which deals with when parental leave pay is payable to a person). A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination. The Secretary cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims. There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made. If the Secretary makes a determination that parental leave pay is payable to a person for one or more flexible PPL days for a child of the person, parental leave pay is payable for the particular days specified in the determination. The number of flexible PPL days for the child for which parental leave pay can be paid is limited. The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days. The person's employer or the Secretary will pay instalments of parental leave pay that are payable to a person (see Chapter 3 for the rules about the payment of parental leave pay). Division 3—When parental leave pay for a flexible PPL day for a child is payable to a person 11A A determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 13 or 14. Note: See Division 2 of Part 2‑2 for the rules about when the Secretary can make such a determination. 11B For a determination to be made, the person must be eligible The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day. Note: See Part 2‑3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child. 11C For a determination to be made, the person must claim The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made: (a) an effective PPL claim for parental leave pay for that day (in which case the person is a PPL claimant); or (b) an effective special PPL claim for parental leave pay for that day (in which case the person is a special PPL claimant). Note: See Part 2‑4 for the rules about how to make an effective claim. 11D Flexible PPL day A day is a flexible PPL day for a child if the day occurs in the period that: (a) starts on the day the child is born; and (b) ends on the day before the child's second birthday. Part 2‑2—Determinations about whether parental leave pay is payable to a person Division 1—Guide to this Part 12 Guide to this Part This Part is about the Secretary making determinations about whether parental leave pay is payable to a person. These determinations are payability determinations. A person cannot be paid parental leave pay unless there is a payability determination that parental leave pay is payable to the person. Division 2 has the rules that apply to the Secretary when making a payability determination in relation to whether parental leave pay is payable to a person for a flexible PPL day for a child. Different rules apply depending on whether the claim is a PPL claim or a special PPL claim. The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days. Division 3 has restrictions that apply in particular circumstances to prevent the Secretary from making a payability determination that parental leave pay is payable to a person (for example, where the child's birth has not been verified or where the limit on the number of flexible PPL days for which parental leave pay is payable to more than one person has been exceeded). Division 4 has general rules that apply to payability determinations (for example, if the Secretary makes a determination, the Secretary must give a notice of it to the claimant). Division 5 deals with initial eligibility determinations. These determinations can be made by the Secretary before the Secretary makes a payability determination. The Secretary can make an initial eligibility determination if the Secretary is satisfied that the person satisfies, or will satisfy, particular eligibility criteria. If the Secretary makes a determination, the Secretary must give a notice of it to the claimant. Division 2—Determination about whether parental leave pay for a flexible PPL day is payable to a person 13 Determination on a PPL claim When a claim is to be determined under this section (1) If: (a) a PPL claimant has made an effective PPL claim for parental leave pay for a child; and (b) one or more flexible PPL days for the child (the claimed days) have been specified in the claim; the Secretary must make a determination on the PPL claim under this section. When parental leave pay is payable to the PPL claimant for one or more claimed days (2) The Secretary must determine that parental leave pay is payable to the PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that: (a) the PPL claimant was or will be eligible for parental leave pay on those days; and (b) if: (i) the PPL claimant is a person covered by subsection (3); and (ii) the child's birth mother has not previously satisfied the work test in relation to the child; the child's birth mother satisfies the work test on the day the determination is made; and (c) if: (i) the PPL claimant is the partner of an adoptive parent of the child; and (ii) an adoptive parent of the child has not previously satisfied the work test in relation to the child; the person who gave the PPL claimant the permission referred to in subparagraph (e)(i) satisfies the work test on the day the determination is made; and (d) if the PPL claimant is a person covered by subsection (3) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant: (i) a permission has been given to the PPL claimant under paragraph 15(1)(a) in relation to the child; and (ii) the permission has not been revoked; and (iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission; and (e) if the PPL claimant is a person covered by subsection (4) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant: (i) a permission has been given to the PPL claimant under paragraph 15(1)(b) or (c) in relation to the child; and (ii) the permission has not been revoked; and (iii) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission. Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3. (3) The following persons are covered by this subsection: (a) a person who: (i) is a parent (other than an adoptive parent) of the child; and (ii) is not the child's birth mother; (b) the partner of the child's birth mother; (c) the partner of a person covered by paragraph (a). (4) The following persons are covered by this subsection: (a) an adoptive parent of the child, if a payability determination under this section that parental leave pay for the child is payable is in force in relation to another adoptive parent of the child; (b) the partner of an adoptive parent of the child. (5) The Secretary must specify in a determination made under subsection (2) the claimed days for which parental leave pay is payable to the PPL claimant. When parental leave pay is not payable to the PPL claimant for one or more claimed days (6) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must: (a) determine that parental leave pay is not payable to the PPL claimant for those days; and (b) if: (i) the PPL claimant has not previously satisfied the work and income tests in relation to the child; and (ii) the Secretary is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made; determine that the PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child. (7) The Secretary must specify in the determination made under subsection (6) the claimed days for which parental leave pay is not payable to the PPL claimant. 14 Determination on a special PPL claim When a claim is to be determined under this section (1) If: (a) a special PPL claimant has made an effective special PPL claim for parental leave pay for a child; and (b) one or more flexible PPL days for the child (the claimed days) have been specified in the claim; the Secretary must make a determination on the special PPL claim under this section. When parental leave pay is payable to special PPL claimant for the claimed days (2) The Secretary must determine that parental leave pay is payable to the special PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that: (a) a payability determination under section 13 that parental leave pay for the child is payable to a PPL claimant is in force; and (b) the special PPL claimant was or will be eligible for parental leave pay on those days; and (c) if the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made—a permission has been given to the special PPL claimant under subsection 15(2) in relation to the child; and (d) the permission has not been revoked; and (e) if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission. Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3. (3) The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the special PPL claimant. When parental leave pay is not payable to the special PPL claimant for the claimed days (4) If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must: (a) determine that parental leave pay is not payable to the special PPL claimant for those days; and (b) if: (i) the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and (ii) the special PPL claimant has not previously satisfied the work and income tests in relation to the child; and (iii) the Secretary is satisfied that the special PPL claimant satisfies the work test and income test on the day the determination is made; determine that the special PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child. (5) The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the special PPL claimant. 15 Permission to claim flexible PPL days for a child Certain claimants may give permission (1) Permission for PPL claimants to claim parental leave pay for one or more flexible PPL days for a child may be given by the following persons: (a) the child's birth mother; (b) a person: (i) who is an adoptive parent of the child; and (ii) in respect of whom a payability determination under section 13 that parental leave pay for the child is payable is in forc