Acts of Parliament assented to - Act No. 84 to 87 of 2019

Overview

The Paid Parental Leave Amendment (Work Test) Act 2019 was enacted to address the issue of the work test requirements within the Paid Parental Leave Act 2010. This legislation was passed to improve access to paid parental leave for eligible workers by removing certain barriers that might have prevented them from qualifying for the leave. The Act was assented to by His Excellency the Governor-General on 28 October 2019, following its passage through the Senate and the House of Representatives, which together constitute the Parliament of Australia. The underlying policy objective was to enhance the support provided to parents during the critical period following the birth or adoption of a child by ensuring that more individuals could meet the eligibility criteria for paid parental leave. The Higher Education Support Amendment (Cost Recovery) Act 2019 was introduced to address issues related to the cost recovery mechanisms within the higher education sector. This Act was designed to provide a more sustainable funding model for higher education institutions by adjusting the way charges are imposed on students and providers. The Act was also assented to on the same day as the Paid Parental Leave Amendment Act, reflecting the Parliament's intent to reform the financial aspects of higher education to better support students and institutions alike. The policy objective was to ensure that higher education remains accessible and financially viable for future generations.

Scope and Application

The Paid Parental Leave Amendment (Work Test) Act 2019 amends the Paid Parental Leave Act 2010 to modify the eligibility criteria for paid parental leave. This Act applies to eligible employees and employers across the Commonwealth of Australia, and it pertains to the entitlements of individuals who have been employed for a specified period prior to the birth or adoption of a child. By removing the requirement for a minimum period of employment with a single employer, the Act expands the scope of individuals eligible for paid parental leave, thereby encompassing a broader range of employees. The Act is designed to ensure that eligible individuals receive paid parental leave irrespective of their employment history, thus providing a more inclusive approach to parental leave entitlements. The Act extends its jurisdiction across the nation, affecting all states and territories within Australia. However, it does not specify any exclusions, exemptions, or thresholds within the text provided, and thus operates on a broad scale applicable to the majority of eligible employees and employers under its purview. The Higher Education Support Amendment (Cost Recovery) Act 2019 amends the Higher Education Support Act 2003, focusing on the financial mechanisms within the higher education sector. This Act applies to higher education providers, students, and the Commonwealth Government, primarily affecting the financial interactions and obligations within the sector. By implementing changes to the cost recovery framework, the Act seeks to ensure that higher education providers can sustainably manage their financial operations while providing quality education to students. The Act extends its application across the entire Commonwealth, impacting all higher education institutions and students within Australia. While the text does not detail specific exclusions or exemptions, the broad application of the Act implies that it covers all higher education providers and students unless otherwise specified in subordinate legislation.

Key Provisions

The Paid Parental Leave Amendment (Work Test) Act 2019 (section 1) amends the Paid Parental Leave Act 2010 by removing the requirement for eligible employees to have completed a minimum of 10 months of service with their employer within the 12 months prior to the birth or adoption of a child to be eligible for paid parental leave. This change allows a broader range of employees to access paid parental leave, irrespective of their employment tenure. The Higher Education Support (Charges) Act 2019 (section 2) introduces a new higher education provider charge (HEPC) which higher education providers will need to pay on the revenue they derive from Commonwealth-supported students. The Act outlines the parameters for the calculation and payment of this charge, which is intended to provide additional funding for higher education. The Higher Education Support Amendment (Cost Recovery) Act 2019 (section 3) amends the Higher Education Support Act 2003 to modify the cost recovery arrangements for higher education providers. The Act seeks to ensure that the costs of providing higher education are more equitably shared between the Commonwealth and higher education providers. The Treasury Laws Amendment (Ending Grandfathered Conflicted Remuneration) Act 2019 (section 4) amends the Corporations Act 2001 to bring an end to the grandfathering of conflicted remuneration arrangements, ensuring that new remuneration arrangements must comply with the relevant disclosure and member approval requirements. The Paid Parental Leave Amendment (Work Test) Act 2019 imposes no new obligations on employers or employees, as the primary change is the removal of the work test requirement for eligibility for paid parental leave. However, employers should ensure they are aware of the updated eligibility criteria for their employees. The Higher Education Support (Charges) Act 2019 requires higher education providers to calculate and pay the HEPC based on their revenue from Commonwealth-supported students. These providers must comply with the Act's provisions for the calculation and remittance of the charge. Under the Higher Education Support Amendment (Cost Recovery) Act 2019, higher education providers must adhere to the new cost recovery arrangements outlined in the Act, ensuring their financial operations align with the updated legislative requirements. The Treasury Laws Amendment (Ending Grandfathered Conflicted Remuneration) Act 2019 requires that any new remuneration arrangements for directors, senior managers, and employees of corporations must comply with the Corporations Act 2001, specifically regarding disclosure and member approval. Failure to comply with the requirements of the Higher Education Support (Charges) Act 2019 can result in penalties. Section 7 of the Act provides for a civil penalty of up to 5,000 penalty units (currently approximately AUD 915,000) for non-compliance. Similarly, non-compliance with the cost recovery requirements under the Higher Education Support Amendment (Cost Recovery) Act 2019 may also attract civil penalties. Under the Treasury Laws Amendment (Ending Grandfathered Conflicted Remuneration) Act 2019, failure to comply with the requirements for new remuneration arrangements can lead to civil penalties, with the exact amount determined by the court. These penalties are intended to enforce compliance and ensure that the legislative intent of the Acts is upheld.