Aviles Venegas and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for review of a decision by an Authorised Review Officer affirming the original decision that the applicant did not meet the work test for Parental Leave Pay. The applicant, the birth mother, accepted she had not worked the required number of qualifying days but argued her failure to do so was due to pregnancy complications, a wrist injury sustained overseas, and subsequent travel disruptions caused by COVID-19. The Tribunal was required to determine whether the applicant satisfied the work test as stipulated by the *Paid Parental Leave Act 2020* (Cth).

The Tribunal considered the applicant's evidence regarding her pregnancy being high-risk, requiring her to rest on medical advice, and her physical work in aged care. It also noted the applicant's explanation for not initially detailing these complications in written statements, attributing it to the personal and stressful nature of the matter. The Tribunal applied the steps outlined in the Act for determining the work test period and the days on which qualifying work was performed, considering both the child's actual and expected dates of birth.

Ultimately, the Tribunal affirmed the decision under review. It found that while the applicant had made an effective claim and verified the child's birth, she had not satisfied the work test. The Tribunal's analysis of the work test period and the applicant's periods of qualifying work, including work performed in New Zealand and Australia, led to the conclusion that the eligibility criteria were not met.