The company policy is quite flexible in the way it reads.  The definition of a primary carer is this:

A primary carer is either the mother who gives birth and then provides primary care to the child or a parent who opts to be the primary care giver for their child on its birth or its adoption.

The only restrictions I can see around it elsewhere is that both parents can't be claiming primary carer leave from two employers at the same time.  You have to fill out a stat dec to state this is the case.  This is a problem for us as my wife will be unemployed.

I guess I am interested to know if there is any government legislation that would override or add to my companies policy?

If not, it would appear that I should be entitled to the paid primary carers leave which at my company is 12 weeks. 

Craig

I guess its different depending on the state you live in, but my hubby for all my kids got 5 weeks leave for my first he got 6 weeks

Most places offer a fortnight Paternity leave as mentioned.  from what I gather you are suggesting though I imagine for you to take off extended carers leave you would have to be the Primary carer.  Eg. your wife goes straight back to work and you stay home with bub all day.....otherwise if you do snag it, you are likely to get pinged later on and have to pay it back.  Just be careful and maybe check with your HR guys.  Congrats on the impending bub though.

depending on where you live and what industry you work in will depend on what you are entitled to received. Either parent is entitled to 12 months maternity (mother) or paternity (father) leave, this leave can not be taken by both parents at the same time.
You should be entitled to take paternity leave for your child (untill their 1st b/day) however you will need to check with you employer what leave they pay.

my husband got leave was only 2 weeks paid leave, but then after that he asked the payroll officer and asked for more due to my PND and got another 3 weeks. it helped a great deal.