Document ID: chunk:federal_register_of_legislation:C2023A00004:clause:3_2:p1
Version: federal_register_of_legislation:C2023A00004
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 1/2)
Character Range: 70848–73191

2  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 the commencement day in relation to a claim for parental leave pay or dad and partner 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 2023
(2) Despite the amendments made by this Act, the old law continues to apply on and after the commencement day in relation to a claim for parental leave pay or dad and partner 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 of the child is before 1 July 2023.
(3) However, if on 1 July 2023 a child in respect of whom a claim referred to in subitem (2) 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.

Transition period claim—child born before claim is made
(4) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay for a child may be made during the transition period in relation to a child born before 1 July 2023, and the old law continues to apply to the claim as if those amendments had not been made.

Transition period claim—unborn child with expected date of birth before 1 July 2023
(5) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner 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 2023.
(6) However, if on 1 July 2023 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.

Transition period claim—unborn child with expected date of birth on or after 1 July