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.

10 Transitional arrangements

Introduction

Changes to the PPL scheme introduced by the Paid Parental Leave Amendment (More Support for Working Families) Act 2024 (Amendment Act) commenced on 26 March 2024 and apply to births and adoptions on or after 1 July 2024.

The old law means PPL law as in force immediately before 26 March 2024. The new law means PPL law as amended by the Amendment Act.

Under the old law, for births and adoptions before 1 July 2024, PLP was payable for a maximum of 20 weeks per child.

For births and adoptions before 1 July 2023, the PPL scheme consisted of 2 payments, PLP and DAPP. PLP consisted of a maximum PPL period of 12 weeks to be taken within 12 months of the birth or placement for adoption, and 30 flexible PPL days to be taken within 2 years of the birth or placement for adoption. DAPP consisted of a maximum DAPP period of 2 weeks (see Part 9 for more detail).

Application of the new law & old law

The new law applies to children born or placed for adoption on or after 1 July 2024.

The old law applies to children born or placed for adoption between 1 July 2023 and 30 June 2024. This includes for claims made between 26 March 2024 and 30 June 2024 with an expected date of birth or placement on or after 1 July 2024. However, if the child is born on or after 1 July 2024, the new law will apply to the claim from that date.

The old law also applies to a claim made after 1 July 2024 for a birth or placement for adoption that occurred before 1 July 2024.

Example: Angus and Julia’s child is born on 30 June 2024. Julia made a pre-birth claim for PLP. Angus does not claim until after a period of paid employer leave of 4 weeks, making his claim date after 1 July 2024. Both Angus and Julia would be assessed under old law. They are both found eligible for PLP and are entitled to share 20 weeks of payment.

Example: April makes a pre-birth claim with the expected date of birth for her child as the 27 June 2024. April is deemed initially eligible for PLP under the old law. However, her child is not born until 2 July 2024 and therefore the new law will apply to her payability determination.

Act reference: PPLAct section 31AA When a person is eligible for PLP on a flexible PPL day for a child

Paid Parental Leave Amendment (More Support for Working Families) Act 2024 Schedule 1, Part 2 Application of amendments

Policy reference: PPL Guide 2.1 PLP eligibility overview, Part 9 Births & adoptions before 1 July 2023

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