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Employment Services Act 1994
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C2004C00834
19 April 2001
-
06 April 2006
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Chapter 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Aim and objects
4 Definitions
5 Documents
6 Continuity of partnerships
7 Crown to be bound
Chapter 2—The Commonwealth Employment Service
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Part 2.1—The Commonwealth Employment Service
8 Commonwealth Employment Service
9 National Director
10 Attribution of acts of Departmental officers
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Part 2.2—Advisory committees
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Division 1—National committee
11 Establishment of national committee
12 Function of national committee
13 Provisions relating to the national committee
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Division 2—Area committees
14 Establishment of area committees
15 Function of area committees
16 Provisions relating to area committees
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Division 3—Disclosure of interests
17 Disclosure of interests
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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
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Part 4.1—Object and outline
23 Object
24 Outline
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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
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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
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Part 4.4—What happens when people are referred to case managers
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Division 1—Outline
36 Outline
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Division 2—Case management services
37 Case management services
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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 Newstart Activity Agreements and Youth Training Activity Agreements
46 Information about compliance with Case Management Activity Agreement
47 Delegation
48 Failure to comply with this Division may result in expulsion from the case management system
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Part 4.5—Case managers
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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.
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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
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Division 3—Rules of conduct
62 Rules of conduct
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Division 4—Codes of practice
63 Codes of practice
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Division 5—Assistance to case managers
64 CES to assist case managers
65 Department to provide information technology assistance to case managers
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Division 6—Control of case management documents
66 Control of case management documents
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Division 7—Secrecy
67 Secrecy
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Part 4.6—The Employment Services Regulatory Authority (ESRA)
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Division 1—Establishment of ESRA
68 Establishment of ESRA
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Division 2—Functions and powers of ESRA
69 Functions
70 Powers
71 Ministerial directions
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Division 3—ESRA Board
74 ESRA Board
75 Functions of ESRA Board
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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 Minister to be notified of material personal interests
86 Resignation
87 Termination of appointment
88 Other terms and conditions
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Division 5—Meetings of the ESRA Board
89 Meetings of the ESRA Board
90 Resolutions without meetings
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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
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Division 7—Finances
104 Money payable to ESRA
106 Application of money held by ESRA
107 Extra matters to be included in annual report
109 Exemption from taxation
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Division 8—Staff of ESRA
110 Staff of ESRA
111 Arrangements with authorities of the Commonwealth
112 Consultants
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Division 9—Delegation
113 Delegation
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Division 10—Committees
114 Committees
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Division 11—Corporate plans
115 Corporate plan
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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 Australian Competition and Consumer 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
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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
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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
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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
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Division 1—Preliminary
145 Reviewable decision
146 Authorised review officers
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Division 2—Internal review
147 Employment Secretary may review decisions
148 Application for review
149 Automatic payment of newstart allowance or youth training 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
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Division 3—Review by the Social Security Appeals Tribunal and the Administrative Appeals Tribunal
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Subdivision A—Object of Division
152 Object of Division
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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 newstart allowance or youth training 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
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Subdivision C—Additional provisions relating to review of decisions
164 Application of Parts 6.3 and 6.4 of the Social Security Act 1991
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Part 4.11—Review of ESRA decisions
165 Reviewable decisions
166 Reconsideration of reviewable decisions
167 Review of decisions by Administrative Appeals Tribunal
168 Modification of the Administrative Appeals Tribunal Act 1975
169 Statements to accompany notification of reviewable decisions
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Part 4.12—Recovery of overpayments etc.
170 Case management debts
171 Case management debts are debts due to ESRA
172 Recovery by legal proceedings
173 Recovery by set-off
174 ESRA may collect money from a person who owes money to an entity
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Part 4.13—Injunctions
175 Injunctions granted on the application of ESRA
176 Interim injunctions
177 Discharge etc. of injunctions
178 Certain limits on granting injunctions not to apply
179 Other powers of the court unaffected
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Part 4.14—Prosecutions
180 Prosecutions of corporations
181 Prosecutions of persons other than corporations
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Part 4.15—Service of documents
182 Giving of documents to partnerships
183 Giving of documents to unincorporated associations
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Chapter 5—Regulations
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184 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Employment Services Act 1994
