Employment Services Act 1994

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Making Information - Assented to 19 December 1994
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Aim and objects 4. Definitions 5. Documents 6. Continuity of partnerships 7. Crown to be bound CHAPTER 2-THE COMMONWEALTH EMPLOYMENT SERVICE PART 2.1-THE COMMONWEALTH EMPLOYMENT SERVICE 8. Commonwealth Employment Service 9. National Director 10. Attribution of acts of Departmental officers PART 2.2-ADVISORY COMMITTEES Division 1-National committee 11. Establishment of national committee 12. Function of national committee 13. Provisions relating to the national committee Division 2-Area committees 14. Establishment of area committees 15. Function of area committees 16. Provisions relating to area committees Division 3-Disclosure of interests 17. Disclosure of interests CHAPTER 3-EMPLOYMENT ASSISTANCE AUSTRALIA 18. Employment Assistance Australia 19. Functions of Employment Assistance Australia 20. National Director 21. Attribution of acts of Departmental officers 22. ESRA to monitor Employment Assistance Australia etc. CHAPTER 4-THE CASE MANAGEMENT SYSTEM PART 4. 1-OBJECT AND OUTLINE 23. Object 24. Outline PART 4. 2-PARTICIPANTS IN THE CASE MANAGEMENT SYSTEM 25. When a person becomes a participant in the case management system 26. When a person ceases to be a participant in the case management system PART 4. 3-REFERRAL OF PARTICIPANTS IN THE CASE MANAGEMENT SYSTEM TO CASE MANAGERS 27. CES to notify and interview participants in the case management system 28. Consequences of failure to attend interview 29. CES to refer participants in the case management system to case managers 30. Termination of referrals 31. Consequences of failure to attend interview 32. Referral to new case manager-no interview 33. Referral to new case manager-interview 34. Referral by CES to be consistent with accreditation 35. CES to notify participant and case manager of decision to refer PART 4. 4-WHAT HAPPENS WHEN PEOPLE ARE REFERRED TO CASE MANAGERS Division 1-Outline 36. Outline Division 2-Case management services 37. Case management services Division 3-Case Management Activity Agreements 38. Case Management Activity Agreements 39. Terms of Case Management Activity Agreements 40. Case Management Activity Agreements-self-employment 41. Case Management Activity Agreements-group enterprises and co-operative enterprises 42. When particular paid work is unsuitable 43. Cancellation or review etc. of Case Management Activity Agreement 44. Failure to negotiate a Case Management Activity Agreement 45. Case Management Activity Agreements to supersede Job Search Activity Agreements and Newstart Activity Agreements 46. Information about compliance with Case Management Activity Agreement 47. Delegation 48. Failure to comply with this Division may result in expulsion
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from the case management system PART 4. 5-CASE MANAGERS Division 1-Accreditation 49. Accreditation of case managers 50. Conditions of accreditation 51. Fees not to be charged to participants for provision of case management services 52. Compliance with rules of conduct 53. Case Management Activity Agreements 54. Guarantees and security deposits relating to compliance with obligations of accredited case managers 55. Limits relating to client referrals etc. 56. Classes of case management specialisation 57. Disqualification for fraud, dishonesty etc. Division 2-Contracted case managers 58. Contracted case managers 59. Payments to contracted case managers 60. Claims for payments-false or misleading statements 61. Repayments by contracted case managers Division 3-Rules of conduct 62. Rules of conduct Division 4-Codes of practice 63. Codes of practice Division 5-Assistance to case managers 64. CES to assist case managers 65. Department to provide information technology assistance to case managers Division 6-Control of case management documents 66. Control of case management documents Division 7-Secrecy 67. Secrecy PART 4. 6-THE EMPLOYMENT SERVICES REGULATORY AUTHORITY (ESRA) Division 1-Establishment of ESRA 68. Establishment of ESRA Division 2-Functions and powers of ESRA 69. Functions 70. Powers 71. Ministerial directions 72. Minister may notify ESRA of general policies of the Commonwealth Government 73. Minister may ask for information Division 3-ESRA Board 74. ESRA Board 75. Functions of ESRA Board Division 4-Administrative provisions 76. Appointment of ESRA Board members 77. Period of appointment 78. Basis on which ESRA Board members hold office 79. Remuneration and allowances-ESRA Board members 80. Outside employment-part-time ESRA Board members 81. Outside employment-full-time ESRA Board members 82. Leave of absence-part-time ESRA Board members 83. Leave of absence-full-time ESRA Board members 84. Acting appointments 85. Disclosure of interests 86. Resignation 87. Termination of appointment 88. Other terms and conditions Division 5-Meetings of the ESRA Board 89. Meetings of the ESRA Board 90. Resolutions without meetings Division 6-ESRA Chief Executive Officer 91. ESRA Chief Executive Officer 92. Duties of ESRA Chief Executive Officer 93. Appointment of ESRA Chief Executive Officer 94. Full-time basis 95. Term of appointment 96. Remuneration and allowances 97. Outside employment 98. Leave of absence 99. Acting ESRA Chief Executive Officer 100. Disclosure of interests 101. Resignation 102. Termination of appointment 103. Other terms and conditions Division 7-Finances 104. Money payable to ESRA 105. Estimates 106. Application of money held by ESRA 107. Application of the Audit Act 1901 to ESRA
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108. Investment of money 109. Exemption from taxation Division 8-Staff of ESRA 110. Staff of ESRA 111. Arrangements with authorities of the Commonwealth 112. Consultants Division 9-Delegation 113. Delegation Division 10-Committees 114. Committees Division 11-Corporate plans 115. Corporate plan PART 4.7-INVESTIGATIONS BY ESRA 116. Object of Part 117. Matters to which this Part applies 118. Complaints to ESRA 119. Investigations by ESRA 120. Preliminary inquiries 121. Reference of certain matters to Departmental Secretaries 122. Conduct of investigations 123. Complainant and certain other persons to be told about decision not to investigate 124. Reference of matters to Ombudsman 125. Reference of matters to Trade Practices Commission 126. Reference of matters to Privacy Commissioner 127. Effect of investigation by Auditor-General 128. Reports on investigations 129. Protection from civil actions 130. Public register of information about investigations PART 4.8-MONITORING OF COMPLIANCE 131. Appointment of inspectors 132. Identity cards for inspectors 133. Return of identity cards issued to inspectors 134. Searches to monitor compliance 135. Offence-related searches and seizures 136. Information-gathering powers-searches of premises 137. Retention of documents PART 4.9-ESRA'S GENERAL INFORMATION-GATHERING POWERS 138. Power to obtain information and documents 139. Copying documents-reasonable compensation 140. Failure to comply with section 138 notice 141. Giving false or misleading information or evidence 142. Provision of false or misleading documents 143. Copies of documents 144. ESRA may retain documents PART 4.10-REVIEW OF DECISIONS RELATING TO PARTICIPATION IN THE CASE MANAGEMENT SYSTEM, DECISIONS RELATING TO REFERRALS TO CASE MANAGERS AND DECISIONS RELATING TO CASE MANAGEMENT ACTIVITY AGREEMENTS Division 1-Preliminary 145. Reviewable decisions 146. Authorised review officers Division 2-Internal review 147. Employment Secretary may review decisions 148. Application for review 149. Automatic payment of job search allowance or newstart allowance if review of section 44 terms decision sought 150. Employment Secretary's powers where application for review is made 151. Notification of further rights of review Division 3-Review by the Social Security Appeals Tribunal and the Administrative Appeals Tribunal Subdivision A-Object of Division 152. Object of Division Subdivision B-Review by the Social Security Appeals Tribunal 153. Application for review 154. Application requirement for certain section 39 decisions 155. Automatic payment of job search allowance or newstart allowance if review of section 44 terms decisions sought 156. Social Security Appeals Tribunal review powers 157. Social Security Appeals Tribunal review powers (Case Management Activity Agreement decision) 158. Date of effect of Social Security Appeals Tribunal decisions 159. Date of effect of Social Security Appeals Tribunal decision (Case Management Activity Agreement decision) 160. Application requirements 161. Variation of decision before review completed 162. Parties to Social Security Appeals Tribunal review 163. Social Security Appeals Tribunal's objectives Subdivision C-Additional provisions relating