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Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Employment Services Act 1994.
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Direct links to the current provisions in Employment Services Act 1994.
This Act may be cited as the Employment Services Act 1994.
(1) This Chapter, Chapters 2 and 3, Part 4.6 and Chapter 5 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
Aim (1) The aim of this Act is to promote full employment by providing employment services that are free of charge to job seekers. Objects (2) The objects of this Act are: (a) to establish the Commonwealth Employment Service (see Chapter 2); and (b) to establish Employment Assistance Australia (see Chapter 3); and (c) to set up and regulate the case management system (see Chapter 4).
In this Act, unless the contrary intention appears:
accreditation means accreditation under the accreditation scheme.
accreditation scheme means the scheme in force under section 49.
accredited case manager means an entity accredited under the accreditation scheme.
authorised review officer means a person authorised under section 146.
Case Management Activity Agreement has the meaning given by section 38.
case management services has the meaning given by section 37.
case management system means the system under which case managers:
(a) provide case management services to people referred to them under Part 4.3; and
(b) perform functions conferred on case managers under this Act.
case manager means:
(a) Employment Assistance Australia; or
(b) a contracted case manager.
CES means the Commonwealth Employment Service established by section 8.
contracted case manager means an accredited case manager engaged under section 58.
document has the meaning given by section 5.
employee, in relation to the Services Delivery Agency, has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Employment Assistance Australia means the organisation established by section 18.
Employment Secretary means the Secretary to the Department.
entity means:
(a) an individual; or
(b) a body corporate; or
(c) a partnership; or
(d) an unincorporated association; or
(e) an authority of the Commonwealth, a State or a Territory; or
(f) a Department of the government of the Commonwealth, a State or a Territory.
ESRA means the Employment Services Regulatory Authority established by section 68.
ESRA Board means the Board of ESRA referred to in section 74.
ESRA Board member means a member of the ESRA Board.
ESRA Chairperson means the Chairperson of the ESRA Board referred to in section 74.
ESRA Chief Executive Officer means the Chief Executive Officer of ESRA referred to in section 91.
inspector means a person appointed as an inspector under section 131.
participant in the case management system has the meaning given by section 25.
service arrangements has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997.
Social Security Secretary means the Secretary to the Department administering the Social Security Act 1991.
Basic meaning of document (1) In this Act:
document means any record of information, and includes:
(a) anything on which there is writing; or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph.
Extended meaning of document (2) A reference in this Act to a document includes a reference to: (a) any part of the document; or (b) any copy, reproduction or duplicate of the document or of any part of the document; or (c) any part of such a copy, reproduction or duplicate.
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
(1) This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Northern Territory and of the Australian Capital Territory. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2—The Commonwealth Employment Service
There is to be, within the Department, a Commonwealth Employment Service.
(1) There is to be a National Director of the Commonwealth Employment Service. (2) The Employment Secretary is to be the National Director.
For the purposes of this Act, anything done in the name of, or on behalf of, the Commonwealth Employment Service by an officer of the Department or by the Chief Executive Officer or an employee of the Services Delivery Agency is taken to have been done by the Commonwealth Employment Service.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Employment Services Act 1994.
(1) This Chapter, Chapters 2 and 3, Part 4.6 and Chapter 5 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
Aim (1) The aim of this Act is to promote full employment by providing employment services that are free of charge to job seekers. Objects (2) The objects of this Act are: (a) to establish the Commonwealth Employment Service (see Chapter 2); and (b) to establish Employment Assistance Australia (see Chapter 3); and (c) to set up and regulate the case management system (see Chapter 4).
In this Act, unless the contrary intention appears:
accreditation means accreditation under the accreditation scheme.
accreditation scheme means the scheme in force under section 49.
accredited case manager means an entity accredited under the accreditation scheme.
authorised review officer means a person authorised under section 146.
Case Management Activity Agreement has the meaning given by section 38.
case management services has the meaning given by section 37.
case management system means the system under which case managers:
(a) provide case management services to people referred to them under Part 4.3; and
(b) perform functions conferred on case managers under this Act.
case manager means:
(a) Employment Assistance Australia; or
(b) a contracted case manager.
CES means the Commonwealth Employment Service established by section 8.
contracted case manager means an accredited case manager engaged under section 58.
document has the meaning given by section 5.
employee, in relation to the Services Delivery Agency, has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Employment Assistance Australia means the organisation established by section 18.
Employment Secretary means the Secretary to the Department.
entity means:
(a) an individual; or
(b) a body corporate; or
(c) a partnership; or
(d) an unincorporated association; or
(e) an authority of the Commonwealth, a State or a Territory; or
(f) a Department of the government of the Commonwealth, a State or a Territory.
ESRA means the Employment Services Regulatory Authority established by section 68.
ESRA Board means the Board of ESRA referred to in section 74.
ESRA Board member means a member of the ESRA Board.
ESRA Chairperson means the Chairperson of the ESRA Board referred to in section 74.
ESRA Chief Executive Officer means the Chief Executive Officer of ESRA referred to in section 91.
inspector means a person appointed as an inspector under section 131.
participant in the case management system has the meaning given by section 25.
service arrangements has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997.
Social Security Secretary means the Secretary to the Department administering the Social Security Act 1991.
Basic meaning of document (1) In this Act:
document means any record of information, and includes:
(a) anything on which there is writing; or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph.
Extended meaning of document (2) A reference in this Act to a document includes a reference to: (a) any part of the document; or (b) any copy, reproduction or duplicate of the document or of any part of the document; or (c) any part of such a copy, reproduction or duplicate.
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
(1) This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Northern Territory and of the Australian Capital Territory. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2—The Commonwealth Employment Service
There is to be, within the Department, a Commonwealth Employment Service.
(1) There is to be a National Director of the Commonwealth Employment Service. (2) The Employment Secretary is to be the National Director.
For the purposes of this Act, anything done in the name of, or on behalf of, the Commonwealth Employment Service by an officer of the Department or by the Chief Executive Officer or an employee of the Services Delivery Agency is taken to have been done by the Commonwealth Employment Service.
An Act relating to employment services
Chapter 1—Preliminary
This Act may be cited as the Employment Services Act 1994.
(1) This Chapter, Chapters 2 and 3, Part 4.6 and Chapter 5 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
Aim (1) The aim of this Act is to promote full employment by providing employment services that are free of charge to job seekers. Objects (2) The objects of this Act are: (a) to establish the Commonwealth Employment Service (see Chapter 2); and (b) to establish Employment Assistance Australia (see Chapter 3); and (c) to set up and regulate the case management system (see Chapter 4).
In this Act, unless the contrary intention appears:
accreditation means accreditation under the accreditation scheme.
accreditation scheme means the scheme in force under section 49.
accredited case manager means an entity accredited under the accreditation scheme.
authorised review officer means a person authorised under section 146.
Case Management Activity Agreement has the meaning given by section 38.
case management services has the meaning given by section 37.
case management system means the system under which case managers:
(a) provide case management services to people referred to them under Part 4.3; and
(b) perform functions conferred on case managers under this Act.
case manager means:
(a) Employment Assistance Australia; or
(b) a contracted case manager.
CES means the Commonwealth Employment Service established by section 8.
contracted case manager means an accredited case manager engaged under section 58.
document has the meaning given by section 5.
employee, in relation to the Services Delivery Agency, has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Employment Assistance Australia means the organisation established by section 18.
Employment Secretary means the Secretary to the Department.
entity means:
(a) an individual; or
(b) a body corporate; or
(c) a partnership; or
(d) an unincorporated association; or
(e) an authority of the Commonwealth, a State or a Territory; or
(f) a Department of the government of the Commonwealth, a State or a Territory.
ESRA means the Employment Services Regulatory Authority established by section 68.
ESRA Board means the Board of ESRA referred to in section 74.
ESRA Board member means a member of the ESRA Board.
ESRA Chairperson means the Chairperson of the ESRA Board referred to in section 74.
ESRA Chief Executive Officer means the Chief Executive Officer of ESRA referred to in section 91.
inspector means a person appointed as an inspector under section 131.
participant in the case management system has the meaning given by section 25.
service arrangements has the same meaning as in the Commonwealth Services Delivery Agency Act 1997.
Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997.
Social Security Secretary means the Secretary to the Department administering the Social Security Act 1991.
Basic meaning of document (1) In this Act:
document means any record of information, and includes:
(a) anything on which there is writing; or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
(d) a map, plan, drawing or photograph.
Extended meaning of document (2) A reference in this Act to a document includes a reference to: (a) any part of the document; or (b) any copy, reproduction or duplicate of the document or of any part of the document; or (c) any part of such a copy, reproduction or duplicate.
For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
(1) This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Northern Territory and of the Australian Capital Territory. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2—The Commonwealth Employment Service
There is to be, within the Department, a Commonwealth Employment Service.
(1) There is to be a National Director of the Commonwealth Employment Service. (2) The Employment Secretary is to be the National Director.
For the purposes of this Act, anything done in the name of, or on behalf of, the Commonwealth Employment Service by an officer of the Department or by the Chief Executive Officer or an employee of the Services Delivery Agency is taken to have been done by the Commonwealth Employment Service.
The Minister may establish a national committee.
The function of the national committee established under section 11 is to advise the National Director of the CES on the operations of the Commonwealth Employment Service in Australia.
Provisions relating to the national committee (1) This section applies to the national committee established under section 11. Composition of the committee (2) The committee consists of such members as are appointed by the Minister by written instrument. Period of appointment (3) A member of the committee holds office for such period as is specified in the instrument of appointment. Resignation (4) A member of the committee may resign from the committee by writing signed by him or her and sent to the Minister. Termination of appointment (5) The Minister may, at any time, terminate the appointment of a member of the committee.
The National Director of the CES may establish a committee for a specified area.
The function of a committee established under section 14 for an area is to advise the National Director of the CES about the following matters, to the extent to which they relate to the area: (a) the creation of employment opportunities and training opportunities; (b) increasing the responsiveness of the CES to regional labour markets; (c) linking DEET programs with regional development. For this purpose, a DEET program is a program administered by the Department.
Committee to be established in accordance with guidelines (1) The establishment of a committee under section 14 is to be in accordance with written guidelines formulated by the National Director of the CES. The guidelines may deal with, but are not limited to, the following matters: (a) the appointment of members of the committee; (b) the resignation of members of the committee; (c) the termination of the appointment of members of the committee. Composition of committee (2) In formulating guidelines under subsection (1), the National Director of the CES is to have regard to the desirability of ensuring that, as far as practicable, the membership of each committee includes people with experience of, or expertise in, matters of concern to the following sectors: (a) employers; (b) trade unions or other organisations of employees; (c) community organisations; (d) regional organisations; (e) the Commonwealth government and State and Territory governments; (f) local government bodies; (g) major providers of education or training.
When this section applies (1) This section applies to a committee established under this Part. Member to disclose pecuniary interests (2) If a member of the committee has a direct or indirect pecuniary interest in a matter being considered by the committee, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee. The disclosure must be recorded in the minutes of the meeting. Member not to be present during deliberations unless committee otherwise determines (3) A member who makes a disclosure under subsection (2) must not, unless the committee otherwise determines: (a) be present during any deliberation of the committee with respect to that matter; or (b) take any part in any decision of the committee with respect to that matter. Member not to be present during deliberations about determinations under subsection (3) (4) For the purposes of the making of a determination by the committee under subsection (3) in relation to a disclosure under subsection (2), the member who made the disclosure must not: (a) be present during any deliberation of the committee for the purpose of making the determination; or (b) take part in the making of the determination by the committee.
Chapter 3—Employment Assistance Australia
There is to be, within the Department, an organisation to be known as Employment Assistance Australia.
This is an opening excerpt, not the complete document.