Document ID: chunk:federal_register_of_legislation:F2021L00948:clause:1_6:p1
Version: federal_register_of_legislation:F2021L00948
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 6691–12387

6  Section 5.7.6 (Additional paid parental leave)
   Omit the section, substitute:

Division 3: Special paid parental leave

5.7.6    Purpose of special paid parental leave
   Special paid parental leave is to provide members with a type of leave in the early days of becoming a parent of a child in circumstances when the other parent is not available to be the primary caregiver of the child during that leave period.

5.7.6A    Members this Division applies to
1.  This Division applies to a member if all of the following apply.
    a.                                                                The member meets all of the following.
                                                                      i.                                                                                                   They are not eligible for paid maternity leave.
                                                                      ii.                                                                                                  They will be the primary caregiver of the child for the duration of the special paid parental leave.
                                                                      iii.                                                                                                 They have completed their qualifying service.
    b.                                                                The child in relation to whom special paid parental leave will be taken meets all of the following.
                                                                      i.                                                                                                   They are a dependant of the member.
                                                                      ii.                                                                                                  They have lived with the member for less than 66 weeks.

5.7.6B    Members this Division does not apply to
   This Division does not apply to a member if the child's other parent is on any of the following types of leave.
   a.                                                                                                               Paid parental leave.
   b.                                                                                                               Unpaid parental leave.
   c.                                                                                                               A type of leave of provided to the member's partner by their employer, however described, for similar purposes.

5.7.6C    Special paid parental leave – dual serving parent
1.  Subject to subsection 2 and section 5.7.6E, a member who is a dual serving parent is eligible for up to 10 weeks of special paid parental leave.
2.  Subsection 1 does not apply if the other parent of the child for whom special paid parental leave will be taken is on maternity leave unless the CDF is satisfied that the child's other parent is not capable of providing care for the child for any of the following reasons.
    a.                                                                                                                                                                                                                                                                                Disability or impairment which impacts their ability to provide care for the child.
    b.                                                                                                                                                                                                                                                                                Hospitalisation, serious illness or very serious illness.
    c.                                                                                                                                                                                                                                                                                The child has been removed by court order from the birth parent's care.

5.7.6D    Special paid parental leave – other circumstances
1.  Subject to subsection 5.7.6E, a member who is not a dual serving parent is eligible for special paid parental leave if the CDF is satisfied that the other parent, if any, of the child for whom special paid parental leave will be taken is not capable of providing care for the child for any of the following reasons.
    a.                                                                                                                                                                                                                                                                                                                           Disability or impairment which impacts their ability to provide care for the child.
    b.                                                                                                                                                                                                                                                                                                                           Hospitalisation, serious illness or very serious illness.
    c.                                                                                                                                                                                                                                                                                                                           The child has been removed by court order from