Australian Government

Federal Register of Legislation

Scheduled Maintenance - Tuesday 30 December 2025 from 8pm AEST

Maintenance is scheduled between 8.00 - 11.30 pm AEST, Tuesday 30 December 2025 and the site may be unavailable or slow during this time.

Employment Services Act 1994

No longer in force

Administered by

DEWR

Latest version

View as made version

C2004C00834

19 April 2001 - 06 April 2006

Table of contents

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
Part 2.1—The Commonwealth Employment Service
- 8 Commonwealth Employment Service
- 9 National Director
- 10 Attribution of acts of Departmental officers
Part 2.2—Advisory committees
- Division 1—National committee
- Division 2—Area committees
- Division 3—Disclosure of interests
  - 17 Disclosure of interests
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
Part 4.1—Object and outline
- 23 Object
- 24 Outline
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
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
Part 4.4—What happens when people are referred to case managers
- Division 1—Outline
  - 36 Outline
- Division 2—Case management services
  - 37 Case management services
- Division 3—Case Management Activity Agreements
Part 4.5—Case managers
- Division 1—Accreditation
- Division 2—Contracted case managers
- Division 3—Rules of conduct
  - 62 Rules of conduct
- Division 4—Codes of practice
  - 63 Codes of practice
- Division 5—Assistance to case managers
  - 64 CES to assist case managers
  - 65 Department to provide information technology assistance to case managers
- Division 6—Control of case management documents
  - 66 Control of case management documents
- Division 7—Secrecy
  - 67 Secrecy
Part 4.6—The Employment Services Regulatory Authority (ESRA)
- Division 1—Establishment of ESRA
  - 68 Establishment of ESRA
- Division 2—Functions and powers of ESRA
- Division 3—ESRA Board
  - 74 ESRA Board
  - 75 Functions of ESRA Board
- Division 4—Administrative provisions
- Division 5—Meetings of the ESRA Board
  - 89 Meetings of the ESRA Board
  - 90 Resolutions without meetings
- Division 6—ESRA Chief Executive Officer
- Division 7—Finances
- Division 8—Staff of ESRA
- Division 9—Delegation
  - 113 Delegation
- Division 10—Committees
  - 114 Committees
- Division 11—Corporate plans
  - 115 Corporate plan
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
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
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
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
- Division 1—Preliminary
  - 145 Reviewable decision
  - 146 Authorised review officers
- Division 2—Internal review
- Division 3—Review by the Social Security Appeals Tribunal and the Administrative Appeals Tribunal
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
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
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
Part 4.14—Prosecutions
- 180 Prosecutions of corporations
- 181 Prosecutions of persons other than corporations
Part 4.15—Service of documents
- 182 Giving of documents to partnerships
- 183 Giving of documents to unincorporated associations
Chapter 5—Regulations
- 184 Regulations
  - Notes to the STYLEREF ShortT \* MERGEFORMAT Employment Services Act 1994