65Department to provide information technology assistance to case managers

#### 65 Department to provide information technology assistance to case managers General (1) The Minister may, by written instrument, formulate a scheme for the provision of information technology assistance by the Department to case managers. The scheme is to be known as the Departmental information technology assistance scheme. Specific matters (2) Without limiting subsection (1), the Departmental information technology assistance scheme may: (a) provide for the Minister to give directions to the Employment Secretary; and (b) provide for amounts to be payable by case managers to the Commonwealth in respect of the provision of information technology assistance under the scheme; and (c) set out guidelines about terms and conditions relating to information technology which it is desirable to include in agreements made under section 58 (which deals with the engagement of case managers). Disallowable instrument (3) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Department to comply with scheme (4) The Employment Secretary must take all reasonable steps to ensure that the Department complies with the Departmental information technology assistance scheme. ESRA may make recommendations to the Minister about schemes etc. (5) The functions of ESRA include: (a) monitoring and evaluating the operation of this section and the Departmental information technology assistance scheme; and (b) making recommendations to the Minister about action to be taken by the Minister under this section or under the Departmental information technology assistance scheme. Scheme requirements additional to other requirements (6) An obligation imposed on the Employment Secretary, or a power conferred on the Minister, by the Departmental information technology assistance scheme is in addition to, and not instead of, an obligation imposed on the Employment Secretary or a power conferred on the Minister, as the case requires, otherwise than under the scheme. Charges not to amount to imposition of taxation (7) An amount payable as mentioned in paragraph (2)(b) must not be such as to amount to the imposition of taxation within the meaning of section 55 of the Constitution. Recovery of charges (8) If an entity is liable to pay an amount to the Commonwealth as mentioned in paragraph (2)(b): (a) the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; or (b) the amount may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 59(1) and, if the amount is so deducted, the other amounts are taken to have been paid in full to the entity. Commonwealth to be reimbursed for deducted amounts (9) If an amount is deducted under paragraph (8)(b), an amount equal to that amount is payable by ESRA to the Commonwealth.