Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

Yes.

Leave granted.

I move Greens amendments (1) and (2) on sheet 8927 together:

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

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 53 (after line 9), after Schedule 1, insert:

Schedule 1A—Work test for claimants impacted by an emergency circumstances event

Paid Parental Leave Act 2010

1 Section 6

Insert:

emergency circumstances event declaration means a declaration made by a Minister under subsection 33(2AC).

2 Section 30 (paragraph beginning " Division 3 " )

Omit:

Special rules apply in the case of premature birth or complications or illness related to the pregnancy (see section 36A) or if the person is already eligible for dad and partner pay (see section 36B).

substitute:

Special rules apply in the case of premature birth or complications or illness related to the pregnancy (see section 36A), if the person is already eligible for dad and partner pay (see section 36B) or in circumstances when the Minister has made an emergency circumstances event declaration (see section 36C).

3 After paragraph 33(1)(a)

Insert:

  (aa) if:

     (i) subsection (2AA) 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 emergency-related reduction in work day; or

4 After subsection 33(2A)

Insert:

(2AA) This subsection applies in relation to a primary claimant if:

  (a) the primary claimant:

     (i) will cease or ceased performing work on a particular day; or

     (ii) will perform or performed less hours of paid work commencing from a particular day;

     because of an emergency circumstances event; and

  (b) any conditions prescribed by the PPL rules are satisfied.

(2AB) The particular day referred to in subparagraph (2AA)(a)(i) or (ii) is the claimant's emergency-related reduction in work day.

(2AC) The Minister may declare, by legislative instrument, that an event is an emergency circumstances event if the Minister is satisfied that:

  (a) the event is an emergency that has a significant impact on one or more industries; and

  (b) the event is likely to have a significant impact on employment or the number of hours ordinarily worked by workers; and

  (c) the occurrence of the event was unpredictable and outside of the control of employers and employees.

Note: The declaration is an emergency circumstances event declaration (see section 6).

(2AD) Without limiting the matters to which the Minister may have regard for the purposes of subsection (2AC), the Minister must have regard to:

  (a) the extent to which the nature or extent of the event is unusual; and

  (b) the number of workplaces that are disrupted.

5 At the end of Division 3 of Part 2 -3

Add:

36C If an emergency circumstances event declaration has been made

  A person also satisfies the work test, on the day the person's child was born, if:

  (a) the Minister has made an emergency circumstances event declaration under subsection 33(2AC); and

  (b) the person:

     (i) ceased performing work on a particular day; or

     (ii) performed less hours of paid work commencing from a particular day;

     because of the emergency circumstances event; and

  (c) any conditions prescribed by the PPL rules are satisfied; and

  (d) the Secretary is satisfied that the person would have satisfied the work test on the day the person's child was born if, during the period commencing on the particular day referred to in subparagraph (b)(i) or (ii) and ending on the day the person's child was born, the person had continued to:

     (i) perform work; and

     (ii) perform the person's ordinary hours of paid work.

6 Coronavirus known as COVID -19—Emergency circumstances event declaration

(1) For the purposes of subsection 33(2AC) of the Paid Parental Leave Act 2010, as inserted by this Schedule, the economic downturn arising from the COVID-19 pandemic and government initiatives to slow the transmission of COVID-19 is declared to be an emergency circumstances event.

(2) The declaration in subitem (1) is taken to be an emergency circumstances event declaration made by the Minister for the purposes of the Paid Parental Leave Act 2010.

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

Amendment (2)

Amendment (2) is framed as a request because it amends the bill in a way that is intended to increase the number of persons eligible for parental leave pay.

The amendment adjusts the work test period that is used to determine eligibility for parental leave pay in the situation of an emergency circumstances event, for those who have lost their employment or had their hours reduced because of the event. The amendment declares the economic impacts of COVID-19 to be such an event, and also enables the Minister to declare other such events in the future.

As this will increase the number of persons eligible to receive parental leave pay, the amendment will cause an increase in expenditure under the standing appropriation in section 307 of thePaid Parental Leave Act 2010.

Amendment (1)

Amendment (1) is consequential on amendment (2).

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

Amendment (2)

If the effect of the amendment is to increase expenditure under the standing appropriation in section 307 of thePaid Parental Leave Act 2010 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on the request. It is the practice of the Senate that amendments that are consequential on an amendment framed as a request may also be framed as requests.