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

• For an employer determination decision (decline MFU), go to Step 2
• Allocated a due decline MFU, go to Step 4
• For a PPL funding amount decision, go to Step 6
• If a held DOC created to change the paymaster role has become due and has been allocated to the Paid Parental Leave Employer Processing Team (PPLEPT) to action, go to Step 9

An employer’s application for a formal review may only be made on the following grounds:

• The employee will not receive PPL for at least 40 consecutive PPL days that are weekdays, or
• The employee has not, or will not, have been an employee for at least 12 months before the baby's expected date of birth (for pre-birth claims), or the later of the expected date of birth or actual date of birth (for post birth claims), or
• The employee is not an employee for which a mandatory employer determination is made and the employer has not elected to provide PPL to that employee, or class of employee, or
• The employee is not likely to be an Australian-based employee of the employer for the required period, or
• The employer does not have an Australian Business Number

To support an application for a formal review, the employer must include documentary evidence or a statutory declaration. Note: documentary evidence may include such things as records of the employment start and/or termination date.

To view evidence:

• for Provider Digital Access (PRODA) registered employer’s request a review in Business Hub (Bhub), this will show in Process Direct (PD) for staff as Employer requested review
• for International employer contacts, staff will need to check Organisation Online Mail (OOM) in Centrelink Business Online Services (CBOS) for any evidence
• if the employer is not registered for online services, check for supporting documents sent via mail, email or fax.

The application for a formal review must be in writing and be signed by a person authorised by the employer.

Was the application for formal review made more than 14 days after the employer was given notice of the Employer determination?

• Yes, go to Step 4
• No, go to Step 3

An employer can apply for a formal review after having been sent written notification of an Employer determination.

An application for a formal review must:

• satisfy grounds for a formal review
• include supporting evidence
• be made in writing by an authorised person

Does the application satisfy a request for a formal review?

• Yes, go to Step 5
• No, go to Step 12

An application for a formal review must:

• satisfy grounds for a formal review
• include supporting evidence
• be made in writing by an authorised person
• be made within 14 days of the employer being given written notice of the decision

Does the application satisfy a request for a formal review and within 14 days of the employer being given written notice of the decision?

• Yes,
• close the decline MFU on employee record
• ensure any work item for the Employer Requests Review in Process Direct has a status reason as Completed.
• go to Step 5
• No, go to Step 13

If 28 days or more of arrears have accrued, the paymaster role needs transferring from the employer to Services Australia to avoid payment delays to the employee. The paymaster role should be transferred, not revoked, as this will ensure the PPL employer determination remains in force while the review is being completed.

Have 28 days of PPL arrears accrued?

• Yes, contact the employee to discuss transferring the paymaster role from the employer to Services Australia:
• Confirm with the employee that the transfer will not impact any salary obligations they may have such as salary sacrificing
• Inhibit all employer advices
• For coding of PPL delivery transfers, see Table 4 in Delivery of PPL
• Go to Step 7
• No, if the formal review is in progress:
• DOC the employee’s record - create a Fast Note by selecting Auto text, use Families > Paid Parental Leave > PPL Determination Review > 28 days
• HLD the DOC for 28 days from the employee’s first PPL day
• Go to Step 7

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

Has the application been made in writing by an authorised person within 14 days of the second payroll cut-off?

• Yes, go to Step 7
• No, make genuine attempts to contact the employer. If the contact is:
• successful, advise the employer that a review cannot be done. Discuss the PPL funding amount decision and commence the Assisted dispute resolution process. Procedure ends here
• not successful, start the Assisted dispute resolution process. Procedure ends here

For help recoding the application, see Request for an explanation or application for a formal review.

Has the employer requested their application be withdrawn?

• Yes, go to Step 8
• No, procedure ends here

The employer may withdraw their application at any time before the review is completed. This can be verbally or in writing.

A withdrawn application is 'taken never to have been made'.

For help with recoding the withdrawal, see Request for an explanation or application for a formal review.

• If less than 14 days have passed since the employer was given written notice of the employer determination, see Employer registration for PPL
• If 14 days or more have passed since the employer was given written notice of the employer determination, see Table 2 of Assisted dispute resolution for employer obligations for PPL

Procedure ends here.

If 28 days or more of arrears have accrued, the paymaster role may need to be transferred from the employer to Services Australia.

Has the employer accepted the employer determination?

• Yes,
• Annotate and close the due DOC on the employee’s record
• Procedure ends here
• No,
• Contact the employee to discuss transferring the paymaster role from the employer to Services Australia
• Confirm with the employee that the transfer will not impact any salary obligations they may have, such as salary sacrificing
• Inhibit all employer advices
• For coding of PPL delivery transfers, see Table 4 in Delivery of PPL
• Annotate and close the due DOC on the employee’s record
• Go to Step 10

The ARO will create a review outcome DOC on the employer's record. This DOC will contain instructions for implementing the ARO's decision.

For help with implementing the ARO's decision, see SME explanations, ARO referrals and implementing ARO decisions.

The ARO will send an outcome letter to the employer. This letter will set out the relevant legislation, findings of fact and reasons for the ARO's decision. It will also explain the employer's right to request a review by the Administrative Review Tribunal (ART) and provide the ART's contact details.

When allocated, the ARO decision work item is to be re-categorised via Work Optimiser as 'ZIAM_EIR_PEP_ARO'.

Procedure ends here.

To request an ART review, the employer must submit an application via the ART website, by phone or in person. If an application for an ART review is received by Services Australia, it must be sent to the ART as soon as possible and not more than 7 days after it is received.

An application for an ART first review of an employer determination or funding amount decision must be made within 14 days after the day on which the ARO decision was made.

For help with implementing the ART decision, see Administrative Review Tribunal (ART). An employer cannot seek an ART second review.

As it is less than 14 days since the Employer determination and the employer does not satisfy a request for a formal review, make a genuine attempt to contact the employer.

If the contact is:

• successful, advise the employer of the review requirements (including timeframe) for a formal review or comply with an employer determination:
• on employee record, hold the decline MFU to day 15 from the date of the employer determination
• on employer record, create a Fast Note by selecting Auto Text, use Families > Paid Parental Leave > Formal Review Employer Determination
• not successful,
• on employee record, hold the decline MFU to day 15 from the date of the employer determination
• on employer record, create a Fast Note by selecting Auto Text, use Families > Paid Parental Leave > Formal Review Employer Determination.

Procedure ends here.

Before contacting the employer, staff are to:

• on employee record, close the decline MFU
• ensure any work item for the Employer Requests Review in Process Direct has a status reason as Completed.

Staff to make a genuine attempt to contact the employer. If the contact is:

• successful, explain to the employer why they cannot apply for a formal review. Discuss the employer determination and if the employer refuses to accept the employer determination staff will need to inform the employer that the Assisted dispute resolution process will be commenced.
• on employer record, annotate the Formal review Employer Determination DOC (see resources for DOC template) or create a Fast Note by selecting Auto Text, use Families > Paid Parental Leave > Formal Review Employer Determination.
• start the Assisted dispute resolution process.
• not successful,
• on employer record, annotate the Formal review Employer Determination DOC (see resources for DOC template) or create a Fast Note by selecting Auto Text, use Families > Paid Parental Leave > Formal Review Employer Determination.
• start the Assisted dispute resolution process.

Procedure ends here