Document ID: chunk:federal_register_of_legislation:C2024A00007:clause:1_17:p1
Version: federal_register_of_legislation:C2024A00007
Segment Type: clause
Provision Reference: sch 1 cl 17 (pt 1/2)
Character Range: 13190–15552

17  Application of amendments to claims

Pre‑commencement claim—child born before commencement
(1) Despite the amendments made by this Act, the old law continues to apply on and after commencement day in relation to a claim for parental leave pay for a child if:
 (a) the claim was made before the commencement day; and
 (b) the child was born before that day.

Pre‑commencement claim—unborn child with expected date of birth before 1 July 2024
(2) Despite the amendments made by this Act, the old law continues to apply on and after commencement day in relation to a claim for parental leave pay for a child if:
 (a) the claim was made before the commencement day; and
 (b) the child was not born at the time of the claim; and
 (c) the expected date of birth for the child is before 1 July 2024.
(3) However, if on 1 July 2024 a child in respect of whom a claim referred to in subitem (2) has been has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.

Transitional period claim—child born before claim is made
(4) Despite the amendments made by this Act, a claim for parental leave pay for a child may be made during the transition period in relation to a child born before 1 July 2024, and the old law continues to apply to the claim as if those amendments had not been made.

Transitional period claim—unborn child with expected date of birth before 1 July 2024
(5) Despite the amendments made by this Act, a claim for parental leave pay for a child may be made during the transition period, and the old law continues to apply to the claim as if those amendments had not been made, if:
 (a) the child has not been born at the time of the claim; and
 (b) the expected date of birth of the child is before 1 July 2024.
(6) However, if on 1 July 2024 a child in respect of whom a claim referred to in subitem (5) has been made has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.

Transitional period claim—unborn child with expected date of birth on or after 1 July 2024
(7) Despite the amendments made by this Act, a claim for parental leave pay for a child may be made during the