Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

by leave—I move:

That the House of Representatives be requested to make the following amendments:

(2)    Clause 6, page 9 (after line 15), after the definition of birth verification form, insert:

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.

(3)    Clause 31, page 40 (line 8), after “(see Division 3)”, insert “or subsection (4A) applies to the person”.

(4)    Clause 31, page 40 (line 32), after “(see Division 3)”, insert “or subsection (4A) applies to the person”.

(5)    Clause 31, page 41 (after line 6), after subclause (4), insert:

     (4A)    This subsection applies to a person if:

             (a)    the person does not satisfy the work test in relation to a child; and

             (b)    the person is the birth mother of the child; and

             (c)    the Secretary is satisfied that either or both of the following subparagraphs apply:

                   (i)    the child was born prematurely;

                  (ii)    while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work; and

             (d)    the Secretary is satisfied that the person would have satisfied the work test if either or both of the subparagraphs in paragraph (c) had not applied.

Paid Parental Leave Bill 2010 AF249

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendments (2), (3), (4) and (5)

The effect of these amendments is to allow a birth mother who does not meet the work test to be eligible for parental leave pay if the Secretary is satisfied that the mother would have met the work test but for the premature birth of her child, or pregnancy related complications or illness. This expands the eligibility criteria for parental leave pay and will increase the amount of parental leave pay that is payable under the Bill. Parental leave pay is paid out of the Consolidated Revenue Fund under the standing appropriation in clause 307 of the Bill. The amendments are covered by section 53 because increasing the amount of parental leave pay paid out under clause 307 of the Bill will increase the proposed charge or burden on the people.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (2) and (5)

The effect of these amendments is to expand the eligibility criteria so that certain mothers who do not satisfy the work test may still be eligible for parental leave pay. Although the payment is subject to the Secretary’s discretion, if such a payment is made, the increased expenditure would be met directly from the standing appropriation contained in clause 307 of the bill.

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation. On the basis that these amendments would result in increased expenditure under the standing appropriation in clause 307 of the bill, it is in accordance with the precedents of the Senate that these amendments be moved as requests.

Amendments (3) and (4)

Amendments (3) and (4) are consequential on the requests. It is the practice of the Senate that amendments purely consequential on amendments framed as requests should also be framed as requests.

The government seeks to amend this bill to pick up a concern that was raised during the Senate committee inquiry regarding premature birth and pregnancy complications. The Senate Community Affairs Legislation Committee in its report recommended:

… that the government examine the eligibility requirements … to ensure that … women who experience unexpected difficulties during pregnancy which may affect their ability to meet the eligibility requirements of the bill are able to access paid parental leave.

Arising out of consideration of that Senate committee recommendation, the government is requesting these amendments to the bill to modify the work test for women who experience a premature birth or are unable to meet the work test due to complications or illness related to their pregnancy. These requests will allow a birth mother to be eligible for parental leave pay where the secretary of the department is satisfied that she would have met the work test but for the premature birth of her child or pregnancy related complications or illness.

The changes will ensure that women in these circumstances are not precluded from the Paid Parental Leave scheme because of unexpected developments during their pregnancy that prevent them from doing the amount of paid work they would otherwise have undertaken. The costs of the requests are likely to be negligible, because many women experiencing pregnancy related illness or complications will have accessed paid leave, sick leave or annual leave, which already count as qualifying work for the work test. The new provisions will ensure that the smaller number of women who may not have met the PPL work test for these reasons will be able to access parental leave pay. It would not be appropriate for women who clearly have a genuine labour market attachment to be made ineligible in these sorts of situations. It picks up the concern that the Senate committee raised. We think it is a legitimate concern, and the requests seek to make sure that we have the ability to respond to prevent detriment to those women who might have issues brought about by premature birth and pregnancy complications.