Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendment of the Commonwealth Services Delivery Agency Act 1997
Commonwealth Services Delivery Agency Act 1997
1 Section 3 (definition of Agency )
Omit "body called the".
2 Section 3 (definition of appointed member )
Repeal the definition.
3 Section 3 (definition of Board )
Repeal the definition.
4 Section 3 (definition of Chairman )
Repeal the definition.
5 Section 3
Insert:
"Chief Executive Officer" means the Chief Executive Officer appointed under section 29.
6 Section 3 (definition of member )
Repeal the definition.
7 Part 2 (heading)
Repeal the heading, substitute:
Part 2 -- Establishment of Agency
8 Subsection 6(1)
Omit "A body called the", substitute "The".
9 Paragraph 6(2)(a)
Repeal the paragraph.
10 At the end of section 6
Add:
(3) The Agency may also be known as Centrelink.
11 After section 6
Insert:
The function of the Agency is to assist the Chief Executive Officer in the performance of the Chief Executive Officer's functions.
12 Before section 7
Insert:
Part 3 -- The Chief Executive Officer
Division 1 -- Powers and functions of Chief Executive Officer
13 Subsection 7(1)
After "may", insert ", with the written approval of the Minister,".
14 Subsection 7(2)
Omit all the words after "provision of the services".
15 At the end of section 7
Add:
(3) Without limiting subsection (1) or (2), arrangements for the provision of Commonwealth services may include arrangements for:
(a) m aking the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or
(b) deter mining a person's eligibility for, or entitlement to receive or have access to, the services; or
(c) maintaining records related to the provision of the services; or
(d) providing Commonwealth authorities and other persons with information related to the provision of the services; or
(e) undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or
(f) recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or
(g) conducting litigation or proceedings related to the provision of the services.
(4) Arrangements for the provision of Commonwealth services may also include agreements covered by section 8A.
(5) An approval given by the Minister under this section is not a legislative instrument.
16 Subsection 8(1)
Omit "Agency" (first occurring), substitute "Chief Executive Officer".
Note: The heading to section 8 is replaced by the heading " Functions of Chief Executive Officer ".
17 Paragraph 8(1)(b)
Omit "Agency", substitute "Chief Executive Officer".
18 Paragraph 8(1)(c)
Omit "written notice given to the Chairman, directs the Agency", substitute "writing, directs the Chief Executive Officer".
19 Paragraph 8(1)(d)
Omit "its", substitute "his or her".
20 Subsection 8(2)
Repeal the subsection, substitute:
(2) A direction made under paragraph (1)(c) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction.
21 After section 8
Insert:
8A Agreements about exercise and performance of Chief Executive Officer's powers and functions
The Chief Executive Officer may enter into a written agreement with the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer's powers or functions.
22 Subsection 9(1)
Repeal the subsection, substitute:
(1) The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer's powers or functions.
Note: The heading to section 9 is altered by omitting " the performance of the Agency's functions " and substituting " exercise and performance of Chief Executive Officer's powers and functions ".
23 After subsection 9(1)
Insert:
(1A) Without limiting subsection (1), directions under this section may include directions about the following:
(a) the objectives, strategies, policies or priorities of the Chief Executive Officer or the Agency;
(b) the manner in which the Chief Executive Officer exercises or performs his or her powers or functions;
(c) the manner in which the Agency performs its function.
(1B) The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company.
Note: See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.
24 Subsection 9(2)
Omit "annual report for the Agency", substitute "Chief Executive Officer's annual report".
25 Subsection 9(3)
Repeal the subsection, substitute:
(3) The Chief Executive Officer must comply with a direction given under this section.
(4) A direction given under this section is not a legislative instrument.
26 Section 10
Repeal the section, substitute:
10 Minister may request information
(1) The Minister may, by writing, request the Chief Executive Officer to give the Minister information about:
(a) the exercise or performance of the Chief Executive Officer's powers or functions; or
(b) the operation of the Agency.
(2) The Chief Executive Officer must, within a reasonable time, comply with a request under this section.
(3) A request made under this section is not a legislative instrument.
The Chief Executive Officer is, under the Minister, responsible for:
(a) deciding the objectives, strategies, policies and priorities of the Agency; and
(b) managing the Agency; and
(c) ensuring that the Agency performs its function in a proper, efficient and effective manner.
(1) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act.
(2) However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.
(3) The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act.
(4) However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act.
27 Part 3
Repeal the Part.
28 Part 4 (heading)
Repeal the heading.
29 Division 1 of Part 4 (heading)
Repeal the heading, substitute:
Division 2 -- Appointment etc. of Chief Executive Officer
30 Subsection 29(2)
Omit "by the Board in writing after consultation between the Chairman and", substitute "in writing by".
31 At the end of section 29
Add:
(4) The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
32 Section 30
Repeal the section, substitute:
(1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed.
(2) The Chief Executive Officer is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
(1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
30B Other terms and conditions
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.
30C Termination of appointment
(1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of the Chief Executive Officer if:
(a) the Chief Executive Officer:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Chief Executive Officer engages, except with the Minister's approval, in paid employment outside the duties of his or her office.
(3) The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister's opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time.
33 Subsection 31(1)
Omit "Board", substitute "Minister".
34 Subsection 31(2)
After "by", insert "or in relation to".
35 Paragraph 31(2)(b)
Omit "in or".
36 Sections 32 and 33
Repeal the sections.
37 Section 34
Omit "Chairman", substitute "Minister".
38 Division 2 of Part 4 (heading)
Repeal the heading, substitute:
39 Subsection 35(1)
Omit "Division", substitute "Part".
40 Section 36
Repeal the section.
41 Subsection 38(1)
Omit "Chairman's", substitute "Chief Executive Officer's".
42 Section 39
Repeal the section, substitute:
39 Chief Executive Officer may charge for services
The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions.
43 Subsection 40(1)
Repeal the subsection, substitute:
(1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on:
(a) the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and
(b) the operations of the Agency during that year.
Note: The heading to section 40 is replaced by the heading " Chief Executive Officer's annual report ".
Part 2 -- Consequential amendments
44 Subsection 3(1)
Insert:
"Centrelink CEO" means the Chief Executive Officer of Centrelink.
45 Subsection 3(1) (definition of CEO )
Repeal the definition.
46 Subsection 3(1) (definition of employee )
Repeal the definition.
47 Subsection 3(1)
Insert:
"employee of Centrelink" means an employee within the meaning of the Commonwealth Services Delivery Agency Act 1997 .
48 Subsection 3(1) (definition of Services Delivery Agency )
Repeal the definition.
49 Paragraph 130(6)(ca)
Repeal the paragraph, substitute:
(ca) the Centrelink CEO or an employee of Centrelink; or
50 Paragraph 130(7)(e)
Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink".
51 Paragraph 130(9)(aa)
Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink".
52 Subsection 130G(1)
Omit "CEO", substitute "Centrelink CEO".
53 Subsection 130G(1)
Omit "the Services Delivery Agency", substitute "Centrelink".
54 Subsection 131A(1)
Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink".
55 Subsection 131A(1)
Omit "to the Services Delivery Agency", substitute "to Centrelink".
56 Subsection 131A(2)
Omit "the Services Delivery Agency", substitute "Centrelink".
57 Subsection 131A(3)
Omit "the Services Delivery Agency", substitute "Centrelink".
58 Paragraph 131A(4)(a)
Omit "CEO or an employee of the Services Delivery Agency", substitute "Centrelink CEO or an employee of Centrelink".
59 Paragraph 131A(4)(c)
Omit "CEO", substitute "Centrelink CEO".
60 Paragraph 131A(4)(d)
Omit "the Services Delivery Agency", substitute "Centrelink".
61 Paragraph 131A(4)(e)
Omit "the Services Delivery Agency", substitute "Centrelink".
Part 3 -- Transitional provisions
62 Definitions
(1) In this Part:
amend includes repeal and remake.
Board means the Board within the meaning of the old law.
Centrelink means the Commonwealth Services Delivery Agency.
CEO means the Chief Executive Officer of Centrelink.
Chairman means the Chairman of the Board.
commencement time means the time when this Part commences.
instrument :
(a) includes:
(i) a contract, deed, undertaking or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or regulations; but
(b) does not include an Act or regulations.
new law means the Commonwealth Services Delivery Agency Act 1997 as in force after the commencement time.
old law means the Commonwealth Services Delivery Agency Act 1997 as in force before the commencement time.
(2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.
63 CEO to continue
The person who was the CEO immediately before the commencement time continues to be the CEO immediately after the commencement time and holds office as if:
(a) his or her appointment by the Board under section 29 of the old law (the first appointment ) were terminated immediately before the commencement time; and
(b) he or she were appointed for the remainder of the term of his or her first appointment by the Minister under Division 2 of Part 3 of the new law immediately after the commencement time.
64 Operation of laws--things done by, or in relation to, Centrelink
(1) If, before the commencement time, a thing was done by, or in relation to, Centrelink, the Board or the Chairman, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.
(2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.
(3) The Minister may, by writing, determine that subitem (1):
(a) does not apply in relation to a specified thing done by, or in relation to, Centrelink, the Board or the Chairman; or
(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.
A determination under this subitem has effect accordingly.
(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Centrelink.
(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
(6) A determination made under subitem (3) is not a legislative instrument.
65 References in instruments
(1) If:
(a) an instrument is in force immediately before the commencement time; and
(b) the instrument contains a reference to Centrelink (however described), the Board or the Chairman;
the instrument has effect from the commencement time as if the reference to Centrelink, the Board or the Chairman were a reference to the CEO.
(2) The Minister may, by writing, determine that subitem (1):
(a) does not apply in relation to a specified reference; or
(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.
A determination under this subitem has effect accordingly.
(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or Centrelink.
(4) A determination made under subitem (2) is not a legislative instrument.
66 Transfer of records
At the commencement time, the records and documents of Centrelink become the records and documents of the CEO.
67 Financial statements and other reporting requirements
Financial statements
(1) If:
(a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide financial statements for a period; and
(b) the period ends after the commencement time;
the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.
Other reporting requirements
(2) If:
(a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide a report (other than financial statements) for a period; and
(b) the period ends after the commencement time;
the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.
(3) If:
(a) under subitem (2), the CEO is required to provide a report for a part of a period; and
(b) the CEO is also required to provide a similar report for the remainder of the period;
the CEO may meet the requirements in a single report for the period.
Outstanding reporting requirements
(4) If:
(a) a law required Centrelink, the Board or the Chairman to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and
(b) the report has not been provided by the commencement time;
the CEO must provide the report as required.
68 Substitution of parties to proceedings
If, immediately before the commencement time, any proceedings to which Centrelink, the Board or the Chairman was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for Centrelink, the Board or the Chairman as a party to the proceedings.
69 Constitutional safety net--acquisition of property
(1) If:
(a) a provision of this Schedule would result in an acquisition of property; and
(b) the provision would not be valid, apart from this item, because a particular person has not been compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or
(d) failing agreement--a reasonable amount of compensation determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
70 Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department; or
(c) the CEO.
(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.
(3) A power delegated to the CEO under subitem (1) must not be sub - delegated under subsection 12(3) of the new law.
71 Regulations
(1) The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Schedule to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.
(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.