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Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: I move amendment No. 5: In page 7, lines 14 to 30, to delete all words from and including “, and” in line 14, down to and including “reason” in line 30. The amendment addresses deficiencies in the Bill that have not been addressed. Concerns were raised during pre-legislative scrutiny and those same concerns still remain. Under this section and the section...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: I am sorry. I did not get the groupings until just now.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: Amendment No. 15 removes the requirement for an employee to provide a birth certificate or certificate of placement when applying for flexible working arrangements relating to the care of a child. Under what mechanism is the Minister proposing that an employee would, in essence, have to prove that a child is theirs? While I disagree with the Minister on the requirement to provide medical...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: The Bill is suggesting it, not me. The Bill is suggesting that the person would have to provide certain information. My question relates to what would happen in a situation where, for example, an elderly parent refused to share the information but where the employee still needed leave to care for him or her.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: Because of the way the Bill is written, however, the employer will be able to say it is going by the Bill and that, therefore, the employee cannot take leave.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: That is a convoluted way for someone to get leave to care for somebody. That is what my amendment seeks to address, so I will definitely press it.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: In the event someone cannot access his or her birth certificate, what would happen where the employee has to provide a birth certificate of his or her child to prove the child is the employee's? If the employee is seeking leave and has to provide the birth certificate of the child he or she needs to care for, and if he or she cannot access the birth certificate, what happens?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: If that is the case, perhaps the provision needs to be removed whereby the person would have to provide the birth certificate and prove that the child is that person's.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: Does this relate to the fear that somebody would pretend to have a child who is not theirs?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: It is about proving the child's age in case somebody lied about his or her age.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: We will come to the age requirements later because they exclude older children from needing care. Is that correct?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: The suggestion is that after that age, they will not need care.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: When we look at the age issue, we will revisit the idea of excluding older children.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: In the case, perhaps the Bill does not need to suggest the person has to provide the medical information if that is not necessary. As it has been written, it could be interpreted by an employee as requiring that information to be provided.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: If the Minister is open to it instead being an affidavit, would it be okay to remove that?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: Health.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Holly Cairns: Does the Minister see how this puts barriers in the way of people trying to seek this leave? If, for example, the elderly parent being cared for does not want to share his or her information, the person has to go through this process the Minister outlined instead of it being included in the Bill. The same is true of proving a child is the person's child and proving his or her age. The...

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