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senate vote 2023-03-06#3
Edited by
mackay staff
on
2023-03-10 12:52:55
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Title
Bills — Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022; in Committee- Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022 - in Committee - PhD students
Description
<p class="speaker">Mehreen Faruqi</p><p>by leave—I move Greens amendments (1) to (11) on sheet 1828 together:</p>-
- The majority voted against [amendment requests (1) to (11)](https://www.openaustralia.org.au/senate/?gid=2023-03-06.28.1) on sheet 1828 moved by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means it failed.
- ### What does the amendment do?
- Senator Faruqi [explained that](https://www.openaustralia.org.au/senate/?gid=2023-03-06.28.1):
- > *... 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.*
<p class="italic">(1) Schedule 1, item 1, page 3 (line 10), after "paid workforce", insert "or from eligible postgraduate work".</p><p class="italic">(2) Schedule 1, page 9 (after line 1), after item 13, insert:</p><p class="italic">13A Section 6</p><p class="italic">Insert:</p><p class="italic"><i>eligible postgraduate work</i>: see section 35AA.</p><p class="italic">(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".</p><p class="italic">(4) Schedule 1, page 24 (after line 19), after item 61, insert:</p><p class="italic">61A After paragraph 31AA(2)(c)</p><p class="italic">Insert:</p><p class="italic">(ca) on that day the person is performing no more than one hour of eligible postgraduate work; and</p><p class="italic">(5) Schedule 1, page 27 (after line 9), after item 75, insert:</p><p class="italic">75A Section 32 (at the end of paragraph (b) of note 1)</p><p class="italic">Add "or eligible postgraduate work".</p><p class="italic">(6) Schedule 1, item 86, page 28 (lines 19 to 21), omit the item, substitute:</p><p class="italic">86 Paragraphs 33(2A)(a) and (b)</p><p class="italic">Omit "primary claimant", substitute "PPL claimant or special PPL claimant".</p><p class="italic">86A Paragraph 33(2A)(b)</p><p class="italic">After "paid work", insert ", or eligible postgraduate work,".</p><p class="italic">86B Paragraph 33(2A)(c)</p><p class="italic">Omit "primary claimant", substitute "PPL claimant or special PPL claimant".</p><p class="italic">(7) Schedule 1, page 29 (after line 2), after item 90, insert:</p><p class="italic">90A After paragraph 34(1)(a)</p><p class="italic">Insert:</p><p class="italic">(aa) the person performs at least one hour of eligible postgraduate work;</p><p class="italic">(8) Schedule 1, page 29 (after line 4), after item 91, insert:</p><p class="italic">91A After section 35</p><p class="italic">Insert:</p><p class="italic">35AA When a person performs eligible postgraduate work</p><p class="italic">A person performs <i>eligible postgraduate work</i> on a day if, on that day:</p><p class="italic">(a) the person is enrolled in a course of study or research for a doctoral degree; and</p><p class="italic">(b) the person performs study or research for the purposes of that course;</p><p class="italic">whether the enrolment is with an institution, or the study or research is performed, within or outside Australia.</p><p class="italic">(9) Schedule 1, page 30 (after line 4), after item 100, insert:</p><p class="italic">100A Subparagraph 36A(b)(ii)</p><p class="italic">After "paid work", insert "or eligible postgraduate work".</p><p class="italic">(10) Schedule 3, item 3, page 59 (line 28), before "Sections", insert "(1)".</p><p class="italic">(11) Schedule 3, item 3, page 59 (after line 30), at the end of the item, add:</p><p class="italic">(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.</p><p class="italic">1828-EM</p><p class="italic">Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill 2022</p><p class="italic"><i>(Requests for amendments to be moved by Senator Faruqi, on behalf of the Australian Greens, in committee of the whole)</i></p><p class="italic">Statement pursuant to the order of the Senate of 26 June 2000</p><p class="italic">Amendments (2) to (11)</p><p class="italic">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.</p><p class="italic">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 <i>Paid Parental Leave Act 2010</i>.</p><p class="italic">Amendment (1)</p><p class="italic">Amendment (1) is consequential to amendments (2) to (11).</p><p class="italic">Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000</p><p class="italic">Amendments (2) to (11)</p><p class="italic">If the effect of the amendments is to increase expenditure under the standing appropriation in section 307 of the<i> Paid Parental Leave Act 2010 </i>then it is in accordance with the precedents of the Senate that the amendments be moved as requests.</p><p class="italic">Amendment (1)</p><p class="italic">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.</p><p>As I said earlier in my second reading speech, 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.</p><p>The Greens' amendments actually go towards changing this by including a new entitlement to paid parental leave for someone doing eligible postgraduate work. That is, a person who performs postgraduate work and is enrolled in a course of study or research for a doctoral degree and performs study or research for the purposes of that course, whether the enrolment is within an institution or the study or research is performed with or outside Australia. The amendments also expand the work test in the Paid Parental Leave Act to include eligible postgraduate work.</p><p>If we are actually serious about achieving gender equity and promoting the health and wellbeing of all parents and children in Australia, then the scheme must extend to PhD students because anything less will be a gaping oversight by the government. I commend the amendments.</p> <p class="speaker">Don Farrell</p><p>I thank Senator Faruqi for her contribution but indicate that the government continues to oppose this amendment. Can I say this: I don't think there's ever been a government in the history of this country that's so committed to achieving gender equity. I just look at my colleague here, Senator Gallagher, and the wonderful work that she's been doing in every aspect of this government's decision-making process.</p><p>I start by reiterating my earlier comments. We went to the election with a proposal, that proposal was endorsed by the Australian people, and we're here today to implement that proposal. The work test supports the intent of the scheme and provides financial support to working parents who have an attachment to the workforce. Therefore, PhD students who are not also engaged in paid employment are not eligible.</p><p>The current work test is flexible enough to encompass workers in both full-time and part-time employment and workers on casual, temporary or fixed-term contracts. To meet the work test, a person must have performed qualifying work for 10 out of the 13 months prior to the birth or the adoption of their child and worked for at least 330 hours in that 10-month period with no more than a 12-week gap between consecutive working days. The hours worked requirement equates to just over one day a week. The person is also considered to be performing qualifying work on a day if they have taken a period of paid leave of at least one hour. Should a PhD student undertake paid work in addition to their studies, such as tutoring at university, this could count towards the work test. Just from my knowledge of this area, I'd say that there are a lot of PhD students who would fit into that category. PhD students who are employed at the university may also be eligible for the university's Paid Parental Leave scheme for employees. Many PhD scholarship programs offer paid parental leave to eligible students who have held their scholarship for at least 12 months. Of Australia's top 20 universities, 16 provide paid parental leave to students on PhD scholarships at an average of 12 weeks. A PhD student who is not eligible for paid parental leave may be eligible to receive the newborn supplement and the newborn upfront payment. The government also provides significant funding and support to students. In the October 2022-23 budget there is costed expenditure on higher education at $44.63 billion over four years, including $485.5 million over four years for 20,000 additional Commonwealth supported places at universities and other higher education providers.</p> <p class="speaker">Andrew McLachlan</p><p>The question before the chair is that requests (1) to (11) on sheet 1828, moved by leave together by Senator Faruqi, be agreed to.</p><p></p><p></p> -
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