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

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking Paid Parental Leave (PPL) from a date earlier than that granted by the Department of Social Services. The applicant had lodged an initial online claim on 14 September 2017. The Department subsequently requested further information regarding the child's details and proof of birth, which the applicant provided in stages, including uploading a partial form on 30 October 2017 and a fully completed form on 30 November 2017. The Department granted PPL effective from 30 November 2017, a decision affirmed by an Authorised Review Officer and subsequently by the AAT. The applicant then sought review by the General Division of the AAT.

The central legal issue before the Tribunal was whether the applicant could be granted PPL from a date prior to 30 November 2017. This required determining whether an "effective claim" for PPL had been lodged with the Department at an earlier date, as stipulated by section 10 of the Paid Parental Leave Act 2010 (Cth). The Tribunal also considered relevant departmental policy, noting that while not bound by it, it would ordinarily apply policy unless unlawful or producing an unjust outcome.

The Tribunal reasoned that the Paid Parental Leave Act 2010 (Cth) did not contain any provisions that would permit the PPL start date to be set earlier than 30 November 2017. Despite the applicant's personal circumstances, perceived website inadequacies, and the timing of her submissions, the Tribunal found no basis within the legislation to grant the requested backdating. The Tribunal affirmed the decision of the Authorised Review Officer, concluding that the applicant's application for review was unsuccessful.