6th Mar 2023, 1:00 PM – Senate Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022 - in Committee - PhD students

The majority voted against amendment requests (1) to (11) on sheet 1828 moved by NSW Senator Mehreen Faruqi (Greens), which means it failed.

What does the amendment do?

Senator Faruqi explained that:

... a key shortcoming of this bill is that PhD students are not included in the Paid Parental Leave scheme. They, despite often conducting research on a fulltime basis, cannot access the same parental leave entitlement as other working parents. Currently the PhD students don't qualify for the scheme because their activities are counted as study through a scholarship or other award or financial aid and that blocks them out of this act as it stands currently. There is no good reason for this, and this has to change.

Amendment text

(1) Schedule 1, item 1, page 3 (line 10), after "paid workforce", insert "or from eligible postgraduate work".

(2) Schedule 1, page 9 (after line 1), after item 13, insert:

13A Section 6

Insert:

eligible postgraduate work: see section 35AA.

(3) Schedule 1, item 58, page 23 (line 23), omit "or taken enough paid leave", substitute ", taken enough paid leave or performed enough eligible postgraduate work".

(4) Schedule 1, page 24 (after line 19), after item 61, insert:

61A After paragraph 31AA(2)(c)

Insert:

(ca) on that day the person is performing no more than one hour of eligible postgraduate work; and

(5) Schedule 1, page 27 (after line 9), after item 75, insert:

75A Section 32 (at the end of paragraph (b) of note 1)

Add "or eligible postgraduate work".

(6) Schedule 1, item 86, page 28 (lines 19 to 21), omit the item, substitute:

86 Paragraphs 33(2A)(a) and (b)

Omit "primary claimant", substitute "PPL claimant or special PPL claimant".

86A Paragraph 33(2A)(b)

After "paid work", insert ", or eligible postgraduate work,".

86B Paragraph 33(2A)(c)

Omit "primary claimant", substitute "PPL claimant or special PPL claimant".

(7) Schedule 1, page 29 (after line 2), after item 90, insert:

90A After paragraph 34(1)(a)

Insert:

(aa) the person performs at least one hour of eligible postgraduate work;

(8) Schedule 1, page 29 (after line 4), after item 91, insert:

91A After section 35

Insert:

35AA When a person performs eligible postgraduate work

A person performs eligible postgraduate work on a day if, on that day:

(a) the person is enrolled in a course of study or research for a doctoral degree; and

(b) the person performs study or research for the purposes of that course;

whether the enrolment is with an institution, or the study or research is performed, within or outside Australia.

(9) Schedule 1, page 30 (after line 4), after item 100, insert:

100A Subparagraph 36A(b)(ii)

After "paid work", insert "or eligible postgraduate work".

(10) Schedule 3, item 3, page 59 (line 28), before "Sections", insert "(1)".

(11) Schedule 3, item 3, page 59 (after line 30), at the end of the item, add:

(2) However, paragraph 34(1)(aa) of the PPL Act, as inserted by Schedule 1 to this Act, applies in relation to a claim for parental leave pay for a child born on or after 1 July 2023.

1828-EM

Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022

(Requests for amendments to be moved by Senator Faruqi, on behalf of the Australian Greens, in committee of the whole)

Statement pursuant to the order of the Senate of 26 June 2000

Amendments (2) to (11)

Amendments (2) to (11) are framed as requests because they amend the bill to expand the class of people who can claim paid parental leave to include certain postgraduate doctoral students.

As this will increase the number of people eligible for paid parental leave, the amendments will increase the amount of expenditure under the standing appropriation in section 307 of the Paid Parental Leave Act 2010.

Amendment (1)

Amendment (1) is consequential to amendments (2) to (11).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (2) to (11)

If the effect of the amendments is to increase expenditure under the standing appropriation in section 307 of the Paid Parental Leave Act 2010 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

Amendment (1)

This amendment is consequential on the requests. It is the practice of the Senate that an amendment that is consequential on amendments framed as requests may also be framed as a request.