8.1.4 Commonwealth employment

Introduction

The PPLAct applies to a person who is engaged by or on behalf of the Commonwealth as an employee to perform functions in a Commonwealth agency as if:

• the employee were employed by the agency (rather than the Commonwealth), for whom the person is to perform functions, and
• the agency were a body corporate, and
• the agency head has all the rights, duties and powers of an employer in relation to the employee.

A Commonwealth agency for this purpose means:

• a non-corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)
• any other unincorporated body established for a public purpose by or under a law of the Commonwealth.

This enables an employer determination (1.1.E.60) to be made for an employee and the specific Commonwealth department or agency they are employed with.

However, in determining whether an employer determination must be made for a Commonwealth employee and an employer, the length of employment with the Commonwealth, rather than with an individual department or agency, must be taken into account.

Centrelink must make an employer determination in relation to a claim for PLP, where all the criteria for making an employer determination are satisfied, including where the person has, or will have, been employed by the Commonwealth for at least 12 months prior to their child's expected or actual DOB.