Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

The Fair Work Amendment (Baby Priya's) Bill 2025 amends the Fair Work Act 2009 to extend entitlements to paid parental leave in the case of stillbirth or death of a child. Stillbirths or deaths of a child are crushing—heartbreaking to parents. My wife, Christine, and I have two children and one grandchild. Nothing else comes close, as I'm sure every parent feels. Nothing else comes close to having a child, except possibly losing a child. One Nation supports the bill's core intent for the very reason I've just mentioned.

The bill only deals with paid parental leave; it does not alter the existing provisions around unpaid parental leave. The bill will prevent employers from unilaterally cancelling periods of paid parental leave in cases of stillbirth or the death of a child during the paid parental leave period. The bill will not prevent employers and employees from agreeing between themselves to cancel such periods of leave, usually so the employee can return to work early for sound reasons. And the bill does not change arrangements for payment of allowances to parents who are not employed. The bill does not impose any requirement on employers to provide employer-funded paid parental leave, because the employer does not pay parental leave; the government does, at a cost of $2.9 billion a year. Some companies pay parental leave at a higher rate. Often, they pay the employee's regular pay and top up the government payment themselves. In this case, the bill will make those employers pay this higher rate to an employee who voluntarily terminated their pregnancy when their child was delivered stillborn. I will say that again: in this case, the bill will make those employers pay this higher rate to an employee who voluntarily terminated their pregnancy when the child was delivered stillborn.

Why has One Nation submitted an amendment to the Baby Priya bill? Why have I submitted an amendment to the Baby Priya bill? The bill requires employers to provide paid parental leave to employees who have a stillborn baby, or where the baby dies during the parental leave period. One Nation do not oppose this measure in principle; we support it. Our amendment does not change the outcome of the bill for most women, including the situation Baby Priya's parents, very sadly, found themselves to be in.

The definition of a stillborn baby in the bill relies on section 77A(2) of the Fair Work Act 2009, which defines a stillborn child as one:

(a) who weighs at least 400 grams at delivery …; and

(b) who has not breathed since delivery; and

(c) whose heart has not beaten since delivery.

Yet here's a key concern of many constituents across Australia and my state of Queensland: nothing in this definition takes account of a voluntary abortion resulting in a stillbirth, which is most late-term abortions. These involve injecting the human baby with a drug that stops their heart and then is delivered as a stillbirth. In the bill as it was introduced, a mother in that situation would qualify for 26 weeks of paid parental leave. This is the very specific issue One Nation's amendment seeks to correct. We do not believe it is right for a woman who deliberately terminates her pregnancy to then qualify for 26 weeks paid parental leave at taxpayer expense.

I must emphasise that neither this bill nor One Nation's amendment changes anything around emergency terminations in the event of serious health issues affecting the mother. Nothing changes. That's already protected in legislation; I want to make that very clear. For example, early delivery without killing the baby first is normal obstetric practice for emergency health conditions late in pregnancy such as high blood pressure, liver or kidney disease or cancer that requires chemotherapy.

Here are some more important facts on abortion that have informed One Nation's amendment. There is no upper gestational limit on abortion in any Australian state jurisdiction—none. In each jurisdiction, abortion is permitted until birth with the approval of two doctors after a certain gestation. In some jurisdictions such as Queensland, the second doctor who approves the late term abortion is not even required to examine the pregnant woman. A late term abortion is an abortion at 20 weeks or more in gestation. This is consistent with the definition provided by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists in its practice guideline on late term abortion.

How many late term abortions are performed in Australia every year? We don't know because only Victoria, Queensland and South Australia publish the figures. The other states are obviously ashamed of how many they perform. The total number of known late term abortions in 2024 was 5,559. Of those, 75 per cent were for non-life-threatening conditions. This makes a complete mockery of the leftist talking point that women don't abort their babies on a whim. Some do.

There is a strong case for the productivity benefit of paid parental leave though, including in cases of natural death of the child. One Nation quite clearly supports this. It's only the extension of this benefit to women who deliberately kill their baby, murder their baby, that One Nation objects to. I ask the Senate to support this amendment.