Win for fairness in recent Surrogacy Decision – March 2018 (PDF version)

The PSA, working collectively with our colleagues through Unions NSW, is claiming a great win for fairness following the recent publication of a NSW Government Determination on the rights of Employees in relation to altruistic surrogacy and permanent out-of-home care arrangements.

The Determination gives surrogate parents access to the same rights as other parents in relation to leave entitlements following the birth of their child. This formal extension of that entitlement follows years of advocacy by the PSA on a case-by-case basis for parents undertaking altruistic surrogacy arrangements and ensures that in future, no parent has to argue that their family is equal to others.

In addition, the Determination also provides improved access to leave for carers undertaking permanent out of home care responsibilities, once that care is confirmed as a permanent arrangement.

As good as this is for carers, the PSA and other unions pointed out that many carers need this access when care is first granted and that this was usually on a temporary basis in the first instance. The unions have resolved to continue to push for this issue to be addressed.

There is a review of this Determination scheduled for early next year and the PSA will work with Unions NSW to pursue this further measure at that time.

The PSA has also flagged its intention to have this determination enshrined into members’ awards as soon as possible.

Members who wish to view this Determination and understand their rights can do so HERE.

The PSA thanks Unions NSW, our fellow unions and the trailblazing members who have fought for fairness over many years.

Together we can and will change the rules and create a fair system for public service workers in this state.

Troy Wright
Assistant general Secretary