Div 4sets out certain obligations of employers relating to paying instalments (such as giving and keeping records and notifying the Secretary if certain events happen).

Division 4 sets out certain obligations of employers relating to paying instalments (such as giving and keeping records and notifying the Secretary if certain events happen). If: (i) one or more payability determinations that parental leave pay is payable to a person for a period (the relevant period) of one or more flexible PPL days for a child are in force under section 13 or 14; or (ii) one or more initial eligibility determinations for a person for a period (the relevant period) of one or more flexible PPL days for a child are in force under section 26A; and (b) an employer determination is in force for the employer and the person on a day during the instalment period to which the instalment relates; and (1A) If an employer is required under subsection (1) to pay an instalment to a person in relation to a child of the person, the requirement only applies to the extent that the instalment is payable in relation to a flexible PPL day for the child that falls within the continuous flexible period mentioned in the employer notice relating to the employer determination. > Note 1: The Secretary must pay an instalment to the person to the extent that the instalment is payable in relation to a day that is a flexible PPL day for the child and that does not fall within the person’s continuous flexible period for the child (see subsection 84(2A)). > Note 2: The Secretary will also be required to pay an instalment to the person if the person’s continuous flexible period for the child is extended on review after that period has ended (see sections 87 and 92A). (a) a person’s employer becomes required under subsection (1) to pay an instalment in relation to a child of the person after the start of the person’s continuous flexible period for the child; and (b) an earlier instalment is taken to have become payable to the person under section 91 (which deals with the effect of the Secretary or an employer becoming required to pay instalments after the start of a person’s continuous flexible period for a child); and (c) as at the payroll cut‑off for the instalment referred to in subsection (1), the employer has been paid enough to fund the earlier instalment; (a) an employer is not required under subsection (1) or (2) to pay an instalment only because paragraph (1)(c) or (2)(c) (as the case may be) was not satisfied; and An employer has been paid enough to fund an instalment for a person as at a day if the total of the PPL funding amounts paid to the employer for the person for a child before that day is at least the total of the following amounts: (c) the amount of any other instalment that is to be paid to, or in relation to, the person on the payday for the instalment. An instalment payable to a person by an employer must be paid in money by one, or a combination, of the following methods: (1) The Secretary must pay one or more amounts (the PPL funding amounts) to a person’s employer if the Secretary is satisfied that: (2) Subsection (1) does not require the Secretary to pay a PPL funding amount in relation to an instalment earlier than a reasonable period before the payroll cut‑off for the instalment. (a) the Secretary is required under subsection (1) to pay a PPL funding amount to a person’s employer in relation to an instalment for the person; and (b) the employer has not been paid enough to fund the instalment as at the first payroll cut‑off for an instalment for the person after the Secretary becomes required to pay the PPL funding amount; the Secretary must pay the PPL funding amount to the employer before the next payroll cut‑off for an instalment for the person. (ii) the amount that is 30 times the daily national minimum wage amount that applies on the day the PPL funding amount is paid to the employer of the person. (a) will have become payable to the person by the person’s employer as at the next payday for an instalment for the person after the PPL funding amount is paid to the person’s employer; and (3) The sum of the PPL funding amounts paid to a person’s employer for the person must not be more than the sum of the amounts of the instalments that are payable to the person by the person’s employer. (1) The Secretary must give a written notice to an employer each time the Secretary pays a PPL funding amount to the employer for a person. A PPL funding amount is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise, until it has been paid to the employer. An employer must, before the end of the next working day after paying an instalment to a person, give the person the information prescribed by the PPL rules in the form (if any) prescribed by the PPL rules. (1) An employer must make, and keep for 7 years, records of the kind prescribed by the PPL rules in relation to each person for whom an employer determination for the employer comes into force. (1) If the Secretary makes an employer determination for a person and the person’s employer in relation to a child of the person, the employer must notify the Secretary if any of the following events happen: (c) the day on which the person would usually be paid in relation to the person’s performance of work for instalment periods for the person changes; (f) the person performs more than one hour of paid work for the employer at any time during the person’s continuous flexible period for the child; (g) the person ceases to be employed by the employer before the end of the person’s continuous flexible period for the child; (i) the employer is not paid enough to fund a particular instalment for the person as at the payroll cut‑off for the instalment; (j) if the Secretary has agreed to pay a particular PPL funding amount to the employer—the employer is not paid the PPL funding amount as agreed; (k) in any case—a PPL funding amount paid to the employer is more than the sum of the amounts of the instalments payable to the person for the days for which the PPL funding amount has been paid; (l) the sum of the PPL funding amounts paid to the employer for the person is more than the sum of the amounts of the instalments that are payable by the employer to the person under this Part. (b) if paragraph (1)(e) applies—not more than 30 days before the day the employer ceased, or is likely to cease, to carry on the business; and (2A) The Secretary must approve a manner of notification that an employer must use when notifying the Secretary of an event under this section. (3) An obligation under subsection (1) that arises because of any of paragraphs (1)(a) to (g) ceases to apply if the event happens on or after the earliest of the following days: (i) if the employer determination is not revoked—the day after the person’s continuous flexible period for the child ends; and (c) if the employer determination never comes into force—the day the Secretary becomes required to pay instalments to the person instead of the employer under the employer determination. (b) the instalment is payable in relation to a day that is a flexible PPL day for a child of the person and that does not fall within the person’s continuous flexible period for the child (if any). The Secretary is also required to pay instalments directly to a person in certain circumstances where an employer determination is being reviewed or has been revoked, or where a matter has been referred to the Fair Work Ombudsman relating to a failure by an employer to pay an instalment to a person. In certain circumstances where the Secretary becomes required to pay instalments to a person, the Secretary is also required to pay the person arrears for instalments that had previously become payable, but not been paid, to the person. (1) If the Secretary is required under this section to pay an instalment to a person, the Secretary must do so on the payday for the instalment. (2) The Secretary must pay an instalment that is payable to a person if the Secretary, in accordance with section 101, never made an employer determination for the person and the person’s employer. (2A) The Secretary must pay an instalment that is payable to a person to the extent that the instalment is payable in relation to a day that does not fall within the person’s continuous flexible period for the child that is mentioned in an employer notice relating to an employer determination made for the person and the person’s employer. > Note: The person’s employer must pay an instalment to the person to the extent that the instalment is payable in relation to a flexible PPL day for the child that falls within the person’s continuous flexible period for the child (see subsections 72(1) and (1A)). (a) the person’s employer has applied for review under Part 5‑1 or 5‑2, or to a court for judicial review, in relation to the employer determination made for the person and the employer; and (b) the employer determination has not come into force before the 28th day after the start of the person’s continuous flexible period for the child; and > Note 1: The Secretary must also pay the person instalments payable to the person for earlier instalment periods (see section 85). (b) the instalment relates to an instalment period that starts on or after the day (the transfer day) the revocation comes into force. > Note: See sections 85 and 86 for when the Secretary must also pay the person instalments payable to the person for earlier instalment periods. (a) the Secretary has referred a matter to the Fair Work Ombudsman relating to a contravention by the employer of section 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) in relation to the person; and (b) the instalment relates to an instalment period that starts on or after the day (the transfer day) after the last flexible PPL day for the child that falls within the person’s continuous flexible period for the child and for which the Secretary has paid the employer a PPL funding amount for the person; and (d) the Fair Work Ombudsman has not notified the Secretary, before the transfer day, that the employer has not complied with a compliance notice given for the contravention referred to in paragraph (a). (6) If both subsections (4) and (5) apply in relation to a person, then only the subsection where the transfer day occurs first is taken to apply in relation to the person. (a) the Secretary is required to pay an instalment to a person under subsection 84(3) (which deals with payment of instalments where an employer determination is reviewed); or (i) the Secretary is required to pay an instalment to a person under subsection 84(4) (which deals with payment of instalments where an employer determination is revoked); (2) The Secretary must pay the person each instalment that is taken to have become payable to the person under section 91 (which deals with the effect of the Secretary or an employer becoming required to pay instalments after the start of a person’s continuous flexible period for a child). (3) The Secretary must pay the instalments on the payday for the first instalment that the Secretary is required to pay as referred to in paragraph (1)(a) or (b) of this section. (b) the employer has not, as at the payday for the instalment, paid all or part of an instalment that was payable to the person by the employer; and (i) the Fair Work Ombudsman has notified the Secretary that the employer has not complied with a compliance notice given for a contravention of section 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) that relates to the payment of the instalment; or (2) The Secretary must pay the person the instalment, or the part of the instalment, on the payday for the next instalment that the Secretary is required to pay under subsection 84(4) (which deals with payment of instalments where an employer determination is revoked). (3) Subsection (2) does not require the Secretary to pay the person all or part of an instalment to the extent that the instalment or the part of the instalment has been recovered under section 172 (which deals with debts owing by employers to employees). (4) To avoid doubt, this section applies whether or not the Secretary is required to pay an instalment to the person under subsection 84(4). (1) The Secretary must pay a person each instalment that is taken to have become payable to the person under section 92A. (2) The Secretary must pay the instalments as soon as practicable after the Secretary becomes required to pay the instalments. (1) The Secretary must pay an instalment, or a part of an instalment, that the Secretary is required to pay to a person, to the credit of a bank account nominated and maintained by the person. (2) The Secretary may direct that the whole or a part of an instalment that the Secretary is required to pay a person is to be paid in a different way from that provided for by subsection (1). If the Secretary gives the direction, the instalment, or the part of the instalment, is to be paid in accordance with the direction. If the Secretary pays an instalment, or part of an instalment, to or in relation to a person, in particular circumstances, the Secretary must give the person the information prescribed by the PPL rules in relation to instalments paid in those circumstances. This Part contains general rules that are relevant to the payment of instalments to a person, whether by the person’s employer or the Secretary. Some of those rules deem instalments to have become payable in certain circumstances (such as when a person’s continuous flexible period is extended after review). Other rules deal with the effect on a person’s instalment periods of changing who is required to pay instalments to the person. #### 91 Effect of the Secretary or employer becoming required to pay instalments after start of continuous flexible period If: (a) the Secretary or a person’s employer (the payer) becomes required to pay an instalment to the person in relation to a child of the person after the start of the person’s continuous flexible period for the child; and (c) one or more instalments would have been payable to the person on the paydays for the instalments if the payer had been required to pay instalments from the start of the person’s continuous flexible period for the child; then the instalments referred to in paragraph (c) are taken to have become payable on the respective paydays for the instalments. (b) later, a decision in relation to a payability determination for the person is made that has the effect that the person’s continuous flexible period for the child is extended by an additional period of one or more flexible PPL days for the child; and (c) one or more instalments that relate to instalment periods that overlap with the additional period would have been payable to the person on the paydays for the instalments if: then the instalments referred to in paragraph (c) are taken to have become payable on the respective paydays for the instalments. (a) the Secretary is required to pay an instalment to a person under subsection 84(3) (which deals with payment of instalments where an employer determination is reviewed); and (b) the employer determination comes into force for the person and the person’s employer on the transfer day referred to in that subsection. (2) The instalment period for the person for the last instalment payable by the Secretary is taken to end on the day before the transfer day. (3) The instalment period for the person for the first instalment payable by the employer is taken to start on the transfer day. (b) the Secretary becomes required to pay an instalment to the person under either of the following subsections for an instalment period that starts on or after the transfer day referred to in that subsection: (ii) subsection 84(5) (which deals with payment of instalments where a matter is referred to the Fair Work Ombudsman relating to a failure to pay an instalment). (2) The instalment period for the person for the last instalment payable by the employer is taken to end on the day before the transfer day. (3) The instalment period for the person for the first instalment payable by the Secretary is taken to start on the transfer day. If: (a) the Secretary or a person’s employer (the payer) is required to pay an instalment to the person on the payday for an instalment for a later instalment period; and the payer must pay the instalment referred to in paragraph (a) on the day that would have been the payday for the later instalment if it had been payable by the payer. The Secretary or a person’s employer (the payer) is taken to have complied with a requirement to pay an instalment on a particular day if the payer pays the instalment: Step 1. Work out the total amount of the instalments that have been paid to the credit of the account during the 4 week period immediately before the court order came into force. Step 2. Subtract from the step 1 amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount. (1) The payment of an instalment of parental leave pay is not to be taken into account for the purposes of the following provisions or laws: (b) a law, or a provision of a law, prescribed by the PPL rules, to the extent that the law or provision deals with a matter referred to in paragraph (a). (2) The PPL rules may provide that subsection (1) does not apply in relation to a prescribed provision of a law of the Commonwealth, a State or a Territory. Despite any law of the Commonwealth, a State or a Territory, or any industrial instrument (however described), a period of unpaid leave is not to be taken to be a period of paid leave just because a person receives instalments of parental leave pay for all or part of that period. An obligation of an employer to pay a person parental leave pay under this Act is in addition to any other obligation the employer may have in relation to the person, however that other obligation might arise (including, for example, under another law of the Commonwealth, a State or a Territory, or an industrial instrument (however described)). Under Division 2, the Secretary must make an employer determination if the Secretary is satisfied that certain conditions have been met. Not all of those conditions need to be satisfied for a person if the employer has made an election under Division 4 that applies to the person and the person consents to the employer paying the instalments. (a) give the Secretary certain information to enable the Secretary to pay the employer PPL funding amounts for the person; or Division 3 is about when an employer determination is in force. It includes rules about revoking employer determinations.