Parental leave for non-biological guardians approved
Legislation broadening the scope of parental leave passed the Senate after an in-depth debate around concerns over wording.
The Employment Amendment Act 2026 would offer parental leave for adoptive parents of children younger than 2, with adoptive mothers getting 13 weeks’ leave and adoptive fathers getting five days.
Parents qualify if employed for more than a year.
Supporting senators, who passed it in an eight-to-three vote, lauded it as a movement towards equality.
However, Victoria Cunningham, the Opposition Leader in the Senate, raised concerns that it could be discriminatory towards non-traditional families such as single fathers, same-sex couples and families where the woman was the primary economic provider.
She said: “This Bill risks unintentional discrimination and it is our job to prevent this.”
Ms Cunningham proposed getting rid of gendered language and replacing “mother” with “designated parent or legal guardian”.
She said the wording would be “inclusive, practical and fair”.
Ms Cunningham added: “Our ideas of familial roles are evolving — and I totally believe we should evolve with it.”
However, Lindsay Simmons, the Junior Minister of Home Affairs, “respectfully but firmly” disagreed.
She pointed out that the parameters were based off existing legislation for biological parents and that it would be a “disaster” to give adoptive parents more rights.
She added: “If these rights are appropriate for biological parents, why are they not for adoptive parents?
“What we are doing is both managed and principled.”
Ms Simmons, who said she was an adoptive parent herself, welcomed the legislation as offering valuable time for parents to bond with their new children.
She said: “Parenthood is no longer defined by biology, but by care and responsibility.”
Ms Simmons said the discussion need not be the “final word” on the matter of equal parental leave — but added that “work should not be delayed because perfection has not been achieved”.
The vote to edit the legislation was turned down, while a vote on whether or not it should be approved as printed got passed.
The amendment was brought to the House of Assembly this month by Jason Hayward, the Minister of Economy and Labour.
Although it was widely welcomed, Scott Pearman, the Shadow Minister of Justice, shared concerns that the Bill would be a “slap in the face” to single fathers.
Lauren Bell, Junior Minister of Health, Economy, Labour, Housing and Municipalities who brought the legislation to the Senate, said the Bill was “grounded in the principles of fairness, child welfare and international best practice, while supporting families and enhancing employee wellbeing”.
She added: “Parental leave is not simply a workplace entitlement — it is a vital investment in the wellbeing of our workforce and the long-term health and stability of our society.
“This Bill seeks to give meaningful effect to this principle.”
