Paid Parental Leave (PPL) employer initiated reviews and appeals 109-05100000

Employers can apply for a formal review of:

• employer determination decisions
• PPL funding amount decisions

Note: an employer cannot request an explanation of a decision.

When a review by an Authorised Review Officer (ARO) is finalised, the employer can request an Administrative Review Tribunal (ART) first review. Employers do not have a right to request an ART second review.

The Paid Parental Leave Employer Processing Team (PPLEPT) records an employer's application for a formal review and refer them to an ARO.

The decision made by Services Australia about who will provide the PPL payment is based on information provided by the employee.

An employer may apply for a formal review of the decision that they must provide PPL to an employee on certain grounds. The Process page lists grounds for review.

The application for a formal review must be made in writing, be signed by a person authorised by the employer and be accompanied by documentary evidence or a statutory declaration supporting the review request.

An application for a formal review must be made within 14 days after Services Australia gives the employer written notice of the employer determination decision. Consider the time taken to deliver the notice when deciding if the employer has applied for a formal review within 14 days of being given the notice.

If an ARO or ART first review about the employer determination decision has not been finalised, Services Australia may take on the employer role in providing PPL payments to the employee when 28 days or more of arrears has accrued.

When the ARO or ART affirms the original decision, the employer has 14 days to accept and provide bank account and pay cycle details. Failure to comply will result in the commencement of the assisted dispute resolution process.

Note: for the factors to consider when establishing whether a person is, or is not likely to be an Australian-based employee of the employer for the required period, see Employer Determinations and Casual Employee Guidelines. The Resources page contains a link.

When the funding amount is insufficient, an employer may apply for a formal review of the funding amount decision.

An application for a formal review must be made:

• within 14 days after the day of the second payroll cut-off in relation to the PPL funding amount
• in writing and be signed by a person authorised by the employer

Employers have no legislative right to apply for a formal review of a debt raising or debt recovery decision.

The employer may withdraw their application for a formal review at any time before the review being completed. A withdrawn application for a formal review is taken 'never to have been made'.

Employers have no legislative right to seek an Administrative Review Tribunal (ART) second review.