The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

5.1.8 Revocation of an employer determination for PLP

Introduction

The circumstances in which Centrelink must revoke an employer determination (1.1.E.60) and the day the revocation comes into force are listed in the table below.

Matter of which Centrelink must be satisfied Day revocation comes into force
1. A condition for making the employer determination was not satisfied when the determination was made. The day of the revocation.
2. The employer has not given an acceptance notice for the person as required by a compliance notice given for a contravention of the PPLAct section 103. The day of the revocation.
3. A decision is made that has the effect that PLP is not payable to the person for a flexible PPL day in the person's continuous flexible period (1.1.C.145), whether or not the decision is a payability determination to that effect.
3.1 A payability determination is made for one or more flexible PPL days that are not week days that fall within the continuous flexible period for the child.		 The day specified by the Secretary.
4. The person has ceased to be employed by the employer. The day the person ceased to be employed by the employer.
5. The employer is insolvent. The day the employer became insolvent.
6. The FWO has notified Centrelink that the employer has not complied with a compliance notice given for a contravention of PPLAct sections 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) that relates to the person. The day of the revocation.

The day specified by the Secretary

For items 3 and 3.1 the day revocation comes into force depends on the timing of the change in circumstances that gives rise to a revocation. For events in the past or on the current day, the revocation day is the day of decision. For future events the revocation day is that future day or the day of decision, whichever in the later day of the 2.

Other circumstances in which Centrelink may decide to revoke an employer determination are:

  • where the employer is not a fit and proper person (5.1.1)
  • if the child in relation to whom PLP is payable is stillborn or has died, or
  • for any other reason Centrelink considers it appropriate to revoke an employer determination.

A revocation under the above 'other circumstances' comes into force on the day of the revocation.

Note: An employer determination may be revoked where a child is stillborn or has died, if a person would prefer to receive their PLP from Centrelink in these difficult circumstances.

Note: The discretion to revoke for any other reason covers unforeseen or unusual circumstances where it would not be appropriate to continue to pay PLP funding amounts (1.1.P.180) to the employer and would enable particular situations to be managed efficiently or appropriately.

If Centrelink revokes an employer determination for a person and employer, Centrelink must give the person and the employer a written notice advising of the decision.

If, when Centrelink revokes an employer determination, the employer has applied for AAT first review of a decision relating to the employer determination and the AAT has not determined the review, Centrelink is also required to notify the AAT of the revocation.

Act reference: PPLAct section 108 Revocation of an employer determination

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