Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2013, adjust the amount specified in section 71M(1)(a) and (1A)(a) of the Parental Leave and Employment Protection Act 1987 (the Act).

Under section 71M(1) of the Act, the rate of parental leave payment payable to an employee is the lesser of—

• $475.16 per week (as from 1 July 2012); and

• the greater of—

  • 100% of the employee's ordinary weekly pay before the commencement of the parental leave; and

  • 100% of the employee's average weekly earnings.

Under section 71M(1A) of the Act, the rate of parental leave payment payable to a self-employed person is the lesser of—

• $475.16 per week (as from 1 July 2012); and

• the greater of—

  • 100% of the self-employed person's average weekly earnings; and

  • the minimum amount set under section 71OA of the Act.

The amount of $475.16 per week must be adjusted by 1 July 2013 by any percentage movement upwards in average ordinary time weekly earnings. These regulations adjust the amount to $488.17.

These regulations also set, for the purposes of section 71M(1A)(b)(ii) of the Act, the minimum amount payable to a self-employed person. The amount is set at $137.50.

The amounts apply to parental leave payments payable on and after 1 July 2013.