Social Security and Other Legislation Amendment (Technical Changes No. 2) Act 2025 (79 of 2025)

Schedule 5   Benefit restriction notices

Part 3   Paid Parental Leave Act amendments

Paid Parental Leave Act 2010

63   After section 278B

Insert:

278BA Benefit restriction notice from AFP Minister

(1) The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified person if:

(a) the person is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and

(b) the person has not been arrested under the warrant; and

(c) a cancellation request for the person has been made as mentioned in subsection (2).

Cancellation requests

(2) For the purposes of paragraph (1)(c), a cancellation request has been made for the person if a request to cancel the person's parental leave pay (however expressed) has been made, in writing:

(a) by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

(b) to any of the following:

(i) the AFP Minister;

(ii) the Minister;

(iii) the Minister administering the Human Services (Centrelink) Act 1997;

(iv) the Department;

(v) the Human Services Department.

Considerations for giving a notice

(3) Before giving a notice under this section, the AFP Minister must have regard to the following:

(a) the extent to which the person is likely to be a threat or danger to the community while the person is not arrested under the warrant;

(b) the likely effect of the operation of section 278B on the person's dependants, if the AFP Minister is aware of those dependants.

(4) The Secretary of the Department administered by the AFP Minister must:

(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

(b) inform the AFP Minister of that advice.

(5) Subsection (3) does not limit the matters to which regard may be had.