Stillbirth Parental Leave Bill Passes Senate, Abortion Amendment Defeated

Liberal Senator Alex Antic and One Nation Senator Malcolm Roberts moved amendments to stop intentional terminations of pregnancy being treated as stillbirths.

A sign designating baby change facilities in a public toilet can be seen in Albany, Western Australia, on Nov. 2, 2023. Susan Mortimer/The Epoch Times

The Australian Senate has passed legislation with bipartisan support, providing parents with access to parental leave payments after the heartbreaking stillbirth of a child.

The Fair Work Amendment (Baby Priya’s) Bill 2025 amends the Fair Work Act 2009 to ensure employer-funded paid parental leave cannot be cancelled when a child is stillborn or dies, unless the employer and employee agree otherwise.

The legislation was named after a baby called Priya died at 42 days old. Her mother was told she could not receive paid parental leave after the death.

Government Services and Finance Minister Katy Gallagher moved the legislation in the Senate.

“Parents should not have to deal with uncertainty about their employer-funded paid parental leave entitlements on top of their grief,” her speech said (pdf).

“This Bill will ensure there is greater clarity regarding employer-funded paid parental leave for parents dealing with the tragedy of stillbirth or the death of a child.”

Deputy leader of the Opposition in the Senate, Anne Ruston, offered respectful support for the bill and said the Coalition provides bipartisan support on compassion and family welfare.

“In amending the Fair Work Act, we introduce a new consistent principle that employer-funded paid parental leave must not be cancelled because a child is stillborn or passes away shortly after birth,” Ruston said.

“It guarantees that grieving parents are not forced to fight for recognition and respect or kindness in the workplace. Importantly, it ensures that women have time to heal, both physically and emotionally, after what would be the most devastating of losses.”

Ruston honoured baby Priya’s memory and expressed her deepest condolences to her family.

Amendments for Intentional Pregnancy Termination

Liberal Senator Alex Antic moved an amendment to carve out cases where the pregnancy termination was intentional, for example, an abortion.

Antic’s amendment was supported by nine conservative senators, including Antic, Leah Blyth, Jess Collins, Jacinta Price, and Sarah Henderson within the Liberal Party, along with Sean Bell, Malcolm Roberts, and Tyron Whitten from One Nation, and Ralph Babet from the United Australia Party.

However, it was opposed by 41 Senators from Labor, Greens, Nationals, moderate Liberals and others.

In a post to X, Antic said, “I moved an amendment to the Bill which would have prevented intentional terminations of pregnancy potentially being treated as stillbirths for the purposes of the Fair Work Act, including paid parental leave provisions which this Bill creates.”

“Unfortunately, my amendment was defeated, and the Bill passed.”

One Nation Senator Malcolm Roberts also attempted to move a similar amendment excluding entitlements when a child is stillborn or dies due to an intentional termination.

However, his amendment was defeated with only seven votes in favour.

Labor Senator Tanya Plibersek expressed outrage about the amendments in a post to Facebook.

“Four blokes who have never had a period—let alone carried a baby—decided to hijack the debate over Baby Priya’s Bill, which gives parents grieving a stillbirth or neonatal death access to paid parental leave,” she said.

“Very glad these protections have now passed Parliament.”

Moderates Disagree

Liberal leader Sussan Ley on Nov. 5 criticised any MPs who were discussing the bill in an inappropriate way.

“Losing a baby is one of the most difficult things that can ever happen to a mother and to a family. And as a mother and a grandmother, this is very personal,” she said.

“Any commentary about this bill applying in other contexts is insensitive.”

Liberal Senator Anne Ruston also disagreed with colleagues who had raised concerns about late-term pregnancy terminations in the House of Representatives.

“Some colleagues raised concerns about the wording of this bill in relation to late-term pregnancy terminations. I understand they spoke from conscience, and I respect that,” she said in the Senate on Nov. 3.

“However, I want to put on the record that I disagree with any suggestion that some women might somehow exploit their grief to access an entitlement that they don’t deserve.”