Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

by leave—I move amendments (1) to (37) on sheet 1608 revised together:

(1) Title, page 1 (lines 2 and 3), omit "paid family and domestic violence leave", substitute "emergency leave".

(2) Clause 1, page 1 (lines 6 and 7), omit "Paid Family and Domestic Violence Leave", substitute "Emergency Leave".

(3) Schedule 1, items 1 to 21, page 3 (line 4) to page 6 (line 4), omit the items, substitute:

1 Section 12 (definition of close relative )

Omit "subsection 106B(3)", substitute "subsection 105(3)".

2 Section 12 (definition of compassionate leave)

Repeal the definition.

3 Section 12

Insert:

emergency leave means emergency leave to which a national system employee is entitled under section 104.

4 Section 12 (definition of family and domestic violence )

Omit "subsection 106B(2)", substitute "subsection 105(2)".

5 Section 12 (definition of permissible occasion )

Omit "sections 102 and 104", substitute "section 102".

6 Section 12 ( unpaid family and domestic violence leave )

Repeal the definition.

7 Section 17 (note)

Omit ", compassionate leave and unpaid family and domestic violence leave", substitute "and emergency leave".

8 Paragr aph 61(2)(e)

Repeal the paragraph, substitute:

(e) personal/carer's leave and emergency leave (Division 7);

9 Paragraph 79(2)(b)

Omit "compassionate leave", substitute "emergency leave".

10 Division 7 of Part 2-2 (heading)

Omit ", compassionate leave and unpaid family and domestic violence leave", substitute "and emergency leave".

11 Section 98

Repeal the section, substitute:

98 Employee taken not to be paid personal/carer's leave at certain times

Public holidays

(1) If the period during which an employee takes paid personal/carer's leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid personal/carer's leave on that public holiday.

Period of emergency leave

(2) If the period during which an employee takes paid personal/carer's leave includes a period of emergency leave, the employee is taken not to be on paid personal/carer's leave for the period of that emergency leave.

12 Subdivisions C and CA of Division 7 of Part 2-2

Repeal the Subdivisions, substitute:

Subdivision CA — Emergency leave

104 Entitlement to emergency leave

(1) An employee is entitled to 10 days of emergency leave in a 12 month period.

(2) Emergency leave:

(a) is available in full at the start of each 12 month period of the employee's employment; and

(b) does not accumulate from year to year; and

(c) is available in full to part-time and casual employees.

(3) For the purpose of subsection (2), if an employee is employed by a particular employer:

(a) as a casual employee; or

(b) for a specific period of time, for a specific task or for the duration of a specified season;

the start of the employee's employment is taken to be the start of the employee's first employment with that employer.

(4) The employee may take emergency leave as:

(a) a single continuous 10 day period; or

(b) separate periods of one or more days each; or

(c) any separate periods to which the employee and the employer agrees, including periods of less than one day.

(5) To avoid doubt, this section does not prevent the employee and the employer agreeing that the employee may take paid or unpaid leave in addition to the entitlement in subsection (1) to deal with the impact of any of the circumstances specified in subsection 105(1).

105 Taking emergency leave

(1) The employee may take emergency leave if:

(a) the employee is experiencing family and domestic violence and:

(i) the employee needs to do something to deal with the impact of the family and domestic violence; and

(ii) it is impractical for the employee to do that thing outside the employee's work hours; or

(b) a person who is a member of the employee's immediate family or a member of the employee's household contracts or develops a personal illness that poses a serious threat to that person's life and the leave is taken to spend time with that person; or

(c) a person who is a member of the employee's immediate family or a member of the employee's household sustains a personal injury that poses a serious threat to that person's life and the leave is taken to spend time with that person; or

(d) a person who is a member of the employee's immediate family or a member of the employee's household dies; or

(e) a child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child had been born alive; or

(f) the employee, or the employee's spouse or de facto partner, has a miscarriage.

Note 1: Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by subparagraph (a)(i) include arranging for the safety of the employee or a close relating (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals.

Note 2: The notice and evidence requirements of section 107 must be complied with.

(2) Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee, a member of an employee's household, or a current or former intimate partner of an employee, that:

(a) seeks to coerce or control the employee; and

(b) causes the employee harm or to be fearful.

(3) A close relative of the employee is a person who:

(a) is a member of the employee's immediate family; or

(b) is related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Note: Immediate family is defined in section 12.

(4) Emergency leave taken for the purpose specified in paragraph (1)(b) or (c) may be taken at any time while the illness or injury persists.

Note: The notice and evidence requirements of section 107 must be complied with.

(5) Paragraph (1)(f) does not apply:

(a) if the miscarriage results in a stillborn child; or

(b) to a former spouse, or former de facto partner, of the employee.

Note: For the definition of a stillborn child, see subsection 77A(2).

106 Payment for emergency leave

(1) If, in accordance with this Subdivision, an employee takes a period of emergency leave, the employer must pay the employee, in relation to that period:

(a) for an employee other than a casual employee—at the employee's full rate of pay, worked out as if the employee had not taken the period of leave; or

(b) for a casual employee—at the employee's full rate of pay, worked out as if the employee had worked the hours in the period for which the employee was rostered.

(2) Without limiting paragraph (1)(b), an employee has taken to have been rostered to work hours in a period if the employee has accepted an offer by the employer of work for those hours.

(3) Paragraph (1)(b) does not prevent a casual employee from taking a period of paid emergency leave that does not include hours for which the employee is rostered to work. However, the employer is not required to pay the employee in relation to such a period.

106A Confidentiality

(1) Employers must take steps to ensure information concerning any notice or evidence an employee has given under section 107 of the employee taking leave under this Subdivision is treated confidentially, as far as it is reasonably practicable to do so.

(2) Nothing in this Subdivision prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person.

Note: Information covered by this section that is personal information may also be regulated under the Privacy Act 1988.

106B Operation of emergency leave and leave for victims of crime

(1) This Subdivision does not exclude or limit the operation of a law of a State or Territory to the extent that it provides for leave for victims of crime.

(2) If an employee who is entitled, under a law of a State or Territory, to leave for victims of crime is also entitled to leave under this Subdivision, that law applies in addition to this Subdivision.

(3) A person who is a national system employee only because of section 30C or 30M is entitled to leave under this Subdivision only to the extent that the leave would not constitute leave for victims of crime.

Note: Leave for victims of crime is a non-excluded matter under paragraph 27(2)(h).

13 Paragraphs 107(3)(c) and (d)

Repeal the paragraphs, substitute:

(c) if it is emergency leave—the leave is taken for a reason specified in subsection 105(1).

14 After subsection 107(3)

Insert:

(3A) To avoid doubt, an employee is not required under paragraph (3)(c) to give an employer evidence identifying which of the reasons specified in subsection 105(1) the leave is taken for.

15 Subsection 107(5)

Omit "unpaid carer's leave or compassionate leave", substitute "unpaid carer's leave".

(4) Schedule 1, item 22, page 6 (lines 8 and 9), omit "Paid Family and Domestic Violence Leave", substitute "Emergency Leave".

(5) Schedule 1, item 22, page 6 (lines 13 and 14), omit "Paid Family and Domestic Violence Leave", substitute "Emergency Leave".

(6) Schedule 1, item 22, page 6 (lines 15 to 17), omit the definition of pre-commencement enterprise agreement in clause 51.

(7) Schedule 1, item 22, page 6 (line 22), omit "paid family and domestic violence leave", substitute "emergency leave".

(8) Schedule 1, item 22, page 7 (line 29) to page 8 (line 30), omit clause 53, substitute:

53 Regulations may provide for transitional matters

The regulations may make provisions of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Schedule 1 to the amending Act.

(9) Schedule 2, item 1, page 9 (lines 8 to 9), omit "paid family and domestic violence leave", substitute "emergency leave".

(10) Schedule 2, item 2, page 9 (line 13), omit "paid family and domestic violence leave", substitute "emergency leave".

(11) Schedule 2, item 3, page 9 (line 23), omit "paid family and domestic violence leave", substitute "emergency leave".

(12) Schedule 2, item 4, page 9 (line 26), omit "106D(1)", substitute "106B(1)".

(13) Schedule 2, item 4, page 10 (line 3), omit "106D", substitute "106B".

(14) Schedule 2, item 7, page 10 (line 16), omit "paid family and domestic violence leave", substitute "emergency leave".

(15) Schedule 2, item 8, page 11 (lines 1 and 2), omit "paid family and domestic violence leave", substitute "emergency leave".

(16) Schedule 2, item 9, page 11 (lines 5 and 6), omit "paid family and domestic violence leave", substitute "emergency leave".

(17) Schedule 2, item 9, page 11 (after line 15), after paragraph 757A(b), insert:

and (c) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966, as amended and in force for Australia from time to time;

(18) Schedule 2, item 9, page 11 (lines 16 and 17), omit "paid family and domestic violence leave", substitute "emergency leave".

(19) Schedule 2, item 9, page 11 (lines 18 and 20), omit the note, substitute:

Note 1: The ILO Convention and the Recommendation could in 2022 be viewed on the ILO website (http://www.ilo.org).

Note 2: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

(20) Schedule 2, item 9, page 11 (lines 21 and 22), omit "paid family and domestic violence leave", substitute "emergency leave".

(21) Schedule 2, item 9, page 12 (lines 3 and 4), omit "paid family and domestic violence leave", substitute "emergency leave".

(22) Schedule 2, item 9, page 12 (lines 10 to 16), omit "subsection 106D(3)" (wherever occurring), substitute "subsection 106B(3)".

(23) Schedule 2, item 9, page 12 (line 17), omit "subsection 106D(3)", substitute "subsection 106B(3)".

(24) Schedule 2, item 9, page 13 (line 2), omit "paid family and domestic violence leave", substitute "emergency leave".

(25) Schedule 2, item 9, page 13 (line 4), omit "paid family and domestic violence leave", substitute "emergency leave".

(26) Schedule 2, item 9, page 13 (lines 12 and 13), omit "paid family and domestic violence leave", substitute "emergency leave".

(27) Schedule 2, item 9, page 13 (lines 14 and 15), omit "paid family and domestic violence leave", substitute "emergency leave".

(28) Schedule 2, item 9, page 13 (line 18), omit "paid family and domestic violence leave", substitute "emergency leave".

(29) Schedule 2, item 9, page 13 (line 22), omit "paid family and domestic violence leave", substitute "emergency leave".

(30) Schedule 2, item 9, page 13 (lines 23 to 30), omit section 757E, substitute:

757E State and Territory laws that are not excluded

This Act is not intended to apply to the exclusion of laws of a State or Territory that provide employee entitlements in relation to:

(a) family and domestic violence; or

(b) other circumstances of a kind mentioned in subsection 105(1);

to the extent that those laws

(c) apply to non-national system employees; and

(d) provide entitlements for those employees that are more beneficial that the entitlements provided under the extended emergency leave provisions.

(31) Schedule 2, item 9, page 14 (lines 1 and 2), omit "paid family and domestic violence leave", substitute "emergency leave".

(32) Schedule 2, item 9, page 14 (lines 6 and 7), omit "paid family and domestic violence leave", substitute "emergency leave".

(33) Schedule 2, item 9, page 14 (line 14), omit "paid family and domestic violence leave", substitute "emergency leave".

(34) Schedule 2, item 9, page 14 (lines 20 and 21), omit "paid family and domestic violence leave", substitute "emergency leave".

(35) Schedule 2, item 9, page 15 (lines 4 and 5), omit "paid family and domestic violence leave", substitute "emergency leave".

(36) Schedule 2, item 9, page 15 (lines 9 and 10), omit "paid family and domestic violence leave", substitute "emergency leave".

(37) Schedule 2, item 11, page 15 (line 18), omit "paid family and domestic violence leave", substitute "emergency leave".