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

If:

• allocated a work item:
  • Parental Leave Pay Circumstances ZCOC_ZPPL transaction, go to Step 2
  • for all other work items, go to Step 3
• employer contacts (phone or email)
  • apply for a formal review of determination decision, go to Step 4
  • seek a review of a PPL funding amount decision, go to Step 7
  • request withdrawal of a review, go to Step 9
  • apply for an ART first review, go to Step 13

For information on how to receive a new work item in Work Optimiser Worklist see Work Optimiser for staff > Table 2.

Parental Leave Pay Circumstances ZCOC_ZPPL, determines what process to follow. Select the Keyword icon to review the keyword attached to the transaction.

If the keyword is:

• PLACC or PPLREG, see Assisted dispute resolution for employer determination for Parental Leave Pay (PPL)
• PPLETM or PPLWOD, see Employer notifies a change in circumstances for Parental Leave Pay (PPL)
• PPLDEC, go to Step 4

• Allocated a previously HLD (due) PPL DET Review Fast Note, go to Step 11
• For implementation of an ARO decision, go to Step 12
• Allocated a previously HLD (due) decline advice or PPLDEC transaction, go to Step 15

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 be made within 14 days of the employer being given written notice of the decision

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 19
• No, go to Step 5

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

• The employee in their PPL claim did not nominate to receive PPL for at least 40 consecutive PPL days that are weekdays
• 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)
• 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
• The employee is not likely to be an Australian-based employee of the employer for the required period
• The employer does not have an Australian Business Number (ABN)

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.

Staff should check if further evidence to support the grounds for a formal review has been provided by the employer.

To view evidence:

• for Provider Digital Access (PRODA) registered employers who request a review in Business Hub (Bhub), staff will find the Employer Requests review work item in the employer’s PPE CRN in the Process Direct inbox
• 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 email

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

If after reviewing the decline supporting evidence updates are required to correct employee notified information, see:

• Delivery of Parental Leave Pay (PPL) for ABN updates
• Role of the employer in Parental Leave Pay (PPL) for:
  • employee is not known by the employer
  • employee is known by the employer but provided incorrect ABN
  • employee ID
  • does not meet the work test

Does the application satisfy the criteria for a formal review?

• Yes, go to Step 6
• No, go to Step 14

The actions required will be based on whether the employer requested the review via Bhub or email (PPLINFO).

• go to the Process Direct Inbox:
  • go to the employer’s PPE CRN
  • find the Employer Requests Review for the work item, and
  • update the status to completed
• On the employee's record in Customer First
  • In the Nxt field, key AL
  • Locate the Paid Parental Leave/Manual Follow-up (MFU)
  • Select the MFU and the Selection Options box will display
  • Select (AR) Finalise an activity via AR
  • Select Continue
  • Select Finalise on the Assessment Results (AR) screen
  • Select Continue
• In Process Direct, update the PPLDEC transaction status to completed

Go to Step 7

In the employer’s record in Process Direct,

• upload email and any evidence (if applicable) via the Documents icon
• file the email in the relevant 'month' folder in the PPLINFO mailbox

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 8
• 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 start the Assisted dispute resolution process. See the Assisted dispute resolution for employer obligations for Parental Leave Pay (PPL). Procedure ends here
  • not successful, start the Assisted dispute resolution process. See the Assisted dispute resolution for employer obligations for Parental Leave Pay (PPL). Procedure ends here

Start the formal review process. For help recoding the application, see Request for a Subject Matter Expert (SME) explanation or application for a formal review.

When the appeal is recorded, go to Step 10.

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 a Subject Matter Expert (SME) 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 Assisted dispute resolution for employer determination for Parental Leave Pay (PPL)
• If 14 days or more have passed since the employer was given written notice of the employer determination, see Assisted dispute resolution for employer obligations for PPL

Procedure ends here.

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. This will ensure the PPL employer determination remains in force while the review is being completed.

Where the role is transferred from the employer to Services Australia, if the employee has any salary obligations e.g. salary sacrificing and the employer determination is still pending, if the review is not finalised before all PPL is delivered to the employee by Services Australia, this may impact these salary obligations.

Have 28 days of PPL arrears accrued?

• Yes,
  • Make a genuine attempt to contact the employee to advise that the paymaster role will be transferred from the employer to Services Australia and salary obligations.
  • Go to Step 20
• No, in the employee’s record in Process Direct:
  • Record details on a Note. Use Fast Note - select Auto text, use Families > PPLEPT > PPL Determination Review 28 days
  • Place the PPL DET Review Fast Note on hold for 28 days from the employee’s first PPL day
  • 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. Staff will need to check to see if the employer has accepted the employer determination.

Has the employer accepted the employer determination?

• Yes, in the employee's record in Process Direct
  • Annotate and close the due PPL DET Review Fast Note with 'Employer accepted Employer Determination decision'.
  • Procedure ends here
• No, in the employee's record in Process Direct
  • Make a genuine attempt to contact the employee to advise that the paymaster role will be transferred from the employer to Services Australia
  • Go to Step 20

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 explanation of decision, 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.

Note: if allocated, an ARO decision work item it is to be re-categorised via Work Optimiser to 'ZIAM_EIR_PEP_ARO'.

For implementing a PPL employer determination review outcome, see Delivery of Parental Leave Pay (PPL).

Procedure ends here.

To request an ART review, the employer must submit the application:

• online on the ART website
• by phone, or
• in person

When Services Australia receives an application for an ART review, 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) first review scrutiny and implementation, ART second review, Guidance and Appeals Panel and Court Appeals. An employer cannot seek an ART second review.

Procedure ends here.

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.

Inform the employer that they do not meet the requirements for a formal review and that they can supply further evidence or comply with the employer determination. Advise the employer they have 14 days from the date of the Employer Determination letter to supply further evidence or comply.

In the employer’s record:

• in Process Direct:
  • record a Fast Note. Use Fast Note - select Auto Text, use Families > PPLEPT > Formal Review Employer Determination
• Process Direct inbox
• go to the employer’s PPE CRN
• find the Employer Requests Review for the work item, and
• update the status to completed

In the employee’s record:

• in Process Direct, hold the transaction PPLDEC until 15 days from the date of the employer determination
• in Customer First:
  • In the Nxt field, key AL
  • Locate the Paid Parental Leave/Manual Follow-up (MFU)
  • Select the MFU and the Selection Options box will display
  • Select the (AR) Finalise an activity via AR
  • Select Continue
  • Select Finalise on the Assessment Results (AR) screen
  • Select Continue
  • Procedure ends here

The notified decline advice was provided less than 14 days since the employer determination decision was made and was not accepted as they did not satisfy the grounds for a review.

An attempt was made to contact the employer. Where the contact was successful, the employer was advised they could:

• provide further evidence or
• action the employer determination

Staff to check if the employer has accepted the employer determination.

Has the employer accepted the employer determination decision?

• Yes, in Process Direct:
  • in the employee's record, update the transaction status of PPLDEC to completed
  • in the employer’s record, annotate and close the Formal Review Fast Note with ‘employer has accepted employer determination’
  • Procedure ends here
• No, go to Step 16

Staff to check if the employer has provided further evidence via Bhub, CBOS or via email to support the request for a formal review, within 14 days from the date of the employer determination decision.

Staff to review the evidence to see if the employer satisfies a request for a formal review.

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

• The employee in their PPL claim did not nominate to 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 (ABN)

Does the employer satisfy a request for a formal review?

• Yes, go to Step 17
• No, go to Step 18

The employer satisfies a request for a formal review after providing further evidence within 14 days of the employer determination decision.

In the employee’s record in Process Direct in the employee's record, update the transaction status of PPLDEC to completed.

In the employer’s record, in Process Direct:

• Annotate and close the Formal Review Fast Note with ‘employer satisfies a request for a formal review.’
• Upload any evidence provided by the employer via the Documents icon
• In Process Direct inbox:
  • go to the employer’s PPE CRN
  • find the Employer Requests Review for the work item, and
  • change the status to completed
• If evidence was received via email, file the email in the relevant 'month' folder in the PPLEPT mailbox
• Commence the formal review process. For help in recording the application, see Request for a Subject Matter Expert (SME) explanation or application for a formal review
• Procedure ends here

Before contacting the employer:

In the employee's record in Process Direct,

• update the transaction status of PPLDEC to completed

In the employer’s record, in Process Direct:

• upload any evidence provided by the employer via the Documents icon (if applicable)
• in Process Direct inbox (if applicable):
• go to the employer's PPE CRN
• find the Employer Requests Review for the work item, and
• change the status to completed
• If evidence was received via email, file the email in the relevant 'month' folder in the PPLEPT mailbox

Go to Step 19

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
• If the employer refuses to accept the employer determination, tell them the assisted dispute resolution process will be commenced

In the employer’s record in Process Direct,

After attempts to contact and if it was successful/not successful:

• check if a Formal Review Fast Note was previously recorded
  • if yes, annotate and close using the DOC template (see Resources)
  • if no, record details in a Note. Use Fast Note - select Auto text, use Families > PPLEPT > Formal Review Employer Determination
• start the Assisted dispute resolution process
• procedure ends here

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

Is a transaction displaying on the PPL payment delivery role transfer table e.g. change of ABN?

• Yes, go to Step 21
• No, go to Step 22

In employee's record, in Process Direct, key Start into the Super Key:

• Select PPL Update Employer Determination and Payroll workflow from the Task Selector
• Select PPL Payment Delivery Role Transfer from the pop-up box
• Select Start
• On the Parental Leave Pay (PPL) Payment Delivery Role transfer (P1PDT) screen, expand the relevant claim using the twisty in the Action field
• On the PPL payment deliver role transfer action table select Add
• Perform action: Undo latest incomplete transfer
• Inhibit employer letter: No
• Select Save
• Update Receipt date, Channel and Service Reason fields
• Select Save
• Select Assess
• Select Assess again to go the Entitlements (ELD) screen
• Check the results on the ELD screen are correct
• Select Finish
• Select Finalise

Go to Step 22.

In the employee’s record, in Process Direct, key Start into the Super Key:

• Select PPL Update Employer Determination and Payroll workflow from the Task Selector
• Select PPL Payment Delivery Role Transfer from the pop-up box
• Select Start
• On the Parental Leave Pay (PPL) Payment Delivery Role transfer (P1PDT) screen, expand the relevant claim using the twisty in the Action field
• On the PPL payment delivery role transfer action table select Add
  • Perform action: transfer employer determination
  • Revoke Reason: select from the drop-down list
  • Date of effect of PPL payment delivery role transfer (dd/mm/yyyy): defaults first PPL day
  • Inhibit employer letter: Yes
• Select Save
• Update Receipt date, Channel and Service Reason fields
• Select Save
• Go to the Tax Instruction (PITX) screen to check that the employee's nominated PPL tax rate is applied. For information on how to update tax deductions, see Managing Australian Taxation Office (ATO) tax deductions
• Select Assess
• Select Assess again to go the Entitlements (ELD) screen
• Check the results on the ELD screen are correct
• Select Finish
• Record any additional details of the update in the finalisation Note
• Select Finalise
• Annotate and close the due PPL DET Review Fast Note with details of the discussion and any actions undertaken (if applicable)

Procedure ends here