Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer)
Direction 2011 (No. 1)
Commonwealth Services Delivery Agency Act 1997
I, TANYA PLIBERSEK, Minister for Human Services, make this Direction under
paragraph 8(1)(c) of the Commonwealth Services Delivery Agency Act 1997.
Dated 21 January 2011
Tanya Plibersek
Minister for Human Services
1 Name of Direction
This Direction is the Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2011 (No. 1).
2 Commencement
This Direction commences on the day it is registered.
3 Definitions
In this Direction:
Act means the Commonwealth Services Delivery Agency Act 1997.
Chief Executive Officer has the same meaning as in the Act.
Emergency means an emergency or disaster in Australia and includes an emergency or disaster that has been the subject of a declaration under section 80J or 80K of the Privacy Act 1988.
Emergency Service means any service to assist a person affected by an Emergency and includes any of the following:
(a) the making of a payment to or for the benefit of the person (whether from Commonwealth funds, State Authority funds, relief appeal funds or other funds);
(b) providing a benefit to the person;
(c) making a decision about the person’s entitlement to receive a payment or a benefit and reviewing that decision;
(d) providing information to the person.
person includes individuals, corporations and unincorporated organisations.
State Authority means a State or Territory Minister, a Department of State of a State or Territory or a body (whether incorporated or not) established for a public purpose by, or under, a law of a State or Territory.
4 Person affected by an Emergency
In this Direction, a person is taken to be affected by an Emergency if:
(a) if the person is directly or indirectly affected by the Emergency or the Chief Executive Officer reasonably considers that the person may be so affected; or
(b) in the case of individuals, if a member of the person’s family is directly or indirectly affected by the Emergency or the Chief Executive Officer reasonably considers that family member may be so affected.
5 Direction to provide Emergency Services
(a) The Chief Executive Officer is directed under paragraph 8(1)(c) of the Act to provide an Emergency Service to a person affected by an Emergency.
(b) Without limiting paragraph (a), the Chief Executive Officer may perform the function in paragraph (a) for, or under an arrangement with, a State Authority.
(c) If the Chief Executive Officer provides an Emergency Service to a person, or the person makes a request to the Chief Executive Officer for an Emergency Service, the Chief Executive Officer may collect information about the person or the person’s family (including personal information within the meaning of the Privacy Act 1988) and may maintain records about the Emergency Service or the request.
6 Direction to provide services to a State Authority
(a) The Chief Executive Officer is directed under paragraph 8(1)(c) of the Act to provide the following services and information to a State Authority:
(i) information in relation to an Emergency Service provided by the Chief Executive Officer to a person for, or under an arrangement with, the State Authority (including information about a decision made by the Chief Executive Officer in relation to the person);
(ii) information held by the Chief Executive Officer about a person affected by an Emergency, to assist the State Authority to provide a payment, benefit or other assistance to the person;
(iii) making employees available to assist the State Authority;
(iv) compliance, audit, review, investigation, enforcement and recovery services ancillary to an Emergency Service provided by the Chief Executive Officer for, or under an arrangement with, the State Authority.
(b) A reference to information in paragraph (a) includes personal information within the meaning of the Privacy Act 1988.
