CTHRepealedAct
Employment Services Act 1994
30Termination of referrals
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#### 30 Termination of referrals
When section applies
(1) This section applies to a person:
(a) who is a participant in the case management system; and
(b) who has been referred to a case manager (the original case manager) under this Part.
CES may terminate referral to case manager
(2) The CES may decide to terminate the person’s referral to the original case manager.
Notification after decision to terminate
(3) As soon as practicable after the CES decides to terminate the person’s referral to the original case manager, the CES must give the person a written notice stating that the referral has been terminated.
> Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to a notice given under this subsection.
Procedure after termination—no waiting list
(4) If the CES is of the opinion that a person given a notice under subsection (3) could reasonably be referred to another case manager within 24 days after the day on which the notice is given to the person:
(a) the notice must contain a statement to the effect that:
(i) the CES proposes to refer the person to a new case manager; and
(ii) if the CES considers that the person could reasonably be referred to one of a number of other case managers—the person may nominate a preferred case manager in accordance with subsection 32(2); or
(b) the CES must ask the person:
(i) to attend an interview with the CES; or
(ii) to take part in an interview with the CES by telephone, video‑link or similar means.
Procedure after termination—waiting list
(5) If the CES is of the opinion that a person given a notice under subsection (3) could not reasonably be referred to another case manager within 24 days after the day (the notice day) on which the notice was given to the person:
(a) the notice must contain a statement to that effect; and
(b) if, on a day (the later day) later than the notice day, the CES becomes of the opinion that the person could reasonably be referred to a new case manager within 24 days after the later day—the CES must:
(i) give the person a written notice containing a statement to the effect that:
(A) the CES proposes to refer the person to a new case manager; and
(B) if the CES considers that the person could reasonably be referred to one of a number of other case managers—the person may nominate a preferred case manager in accordance with subsection 32(2); or
(ii) ask the person:
(A) to attend an interview with the CES; or
(B) to take part in an interview with the CES by telephone, video‑link or similar means.
Further requests for interview
(6) If:
(a) the CES asks a person to attend or take part in an interview under subsection (4) or (5) or under this subsection; and
(b) the person does not attend or take part in the interview, as the case requires; and
(c) the person is a participant in the case management system;
the CES may ask the person to attend or take part in another interview.