One Nation fully supports the heart of the Fair Work Amendment (Baby Priya’s) Bill 2025. Losing a child to stillbirth is a crushing, heartbreaking tragedy and parents deserve the full support of our paid parental leave system during such a dark time. We agree that no employer should be able to unilaterally cancel leave when a family is grieving.
However, I introduced an amendment to fix a serious flaw in the current drafting. As it stands, the definition of “stillbirth” would allow a woman who undergoes a voluntary late-term abortion to claim 26 weeks of taxpayer-funded parental leave.
Our position is clear: ✔️ YES to supporting parents through the tragedy of stillbirth or infant loss. ✔️ YES to protecting mothers who need emergency medical terminations for health reasons. ❌ NO to using taxpayer dollars to provide “parental leave” for elective abortions.
Paid parental leave is a benefit designed to support families and the bond between parent and child. It should not be extended to those who voluntarily choose to terminate a pregnancy.
I called on the Senate to support our common-sense amendment to ensure this bill serves its true purpose: supporting grieving families.
Transcript
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.
In good conscience, we cannot wave through legislation that forces employers and taxpayers to fund 26 weeks of parental leave for terminated births or neonatal neglect.
While the loss of a child to natural causes is a tragedy, we are currently witnessing a horrifying reality in our hospitals: babies born alive after termination are being left to die alone in cold steel tins. This isn’t just a policy debate; it is a question of fundamental humanity.
Australia must stop and listen. We refuse to let this be treated as a tool for social media points or gender warfare. The Australian people deserve a formal inquiry to review these harrowing circumstances and have their voices heard.
Transcript
One Nation supports Senator Hanson-Young’s amendment. This bill will have far-reaching impacts on Australia. It’s not to be rushed through the parliament. One Nation is the party of the natural environment and the party of the human environment. We want to give Australians a say. Workers, employers and small businesses—the parliament needs to listen to these people and give them a say.
I’d also like to now move my amendment to the Selection of Bills report as circulated in the chamber.
The PRESIDENT: Senator Roberts, you can’t. We are dealing with Senator Hanson-Young’s amendment at this point. You can speak to your motion if you wish to, but you can’t move it.
Senator ROBERTS: Thank you. I will speak to it now, and that’ll save us time later. One Nation has moved to send the Fair Work Amendment (Baby Priya’s) Bill 2025 to committee. The bill, as worded, allows employer paid parental leave for the parents of a baby who has been born still as a result of a termination or of a live birth abortion. Loss of a child due to natural circumstances is crushing, but where a child is terminated and born alive that child is cast away into a cold steel tin and left inhumanly to die from neglect in a bucket of cold steel. This is what’s going on our country. Alone, scared and suffering, the child dies a slow and terrifying death.
This happens every few weeks in a hospital somewhere in Australia. The mother’s employer or the taxpayers should not have to foot the bill for 26 weeks paid leave for an aborted baby or neonatal murder—they should not. This is too important an issue to wave through parliament for social media likes and gender warfare points. A committee inquiry is needed to review this position and allow the public their say. The people of Australia need to have an opportunity to have their say, and we need to listen.
Dear Malolm, have read your article on paid parental leave and agree with it 99.9%.