Reform of Employment Services (Consequential Provisions) Bill 1996
First Reading
1996
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Reform of Employment Services (Consequential Provisions) Bill 1996
No. , 1996
(Employment, Education, Training and Youth Affairs)
A Bill for an Act to deal with consequential matters arising from the enactment of the Reform of Employment Services Act 1996, and for related purposes
9621420--1,165/10.12.1996--(214/96) Cat. No. 96 5702 9 ISBN 0644 483784
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1--Matters relating to enactment of Reform of Employment Services Act 1996
Part 1--Repeal
Employment Services Act 1994
Part 2--Transitional
Part 3--Consequential amendments of other Acts
Administrative Decisions (Judicial Review) Act 1977
Child Care Rebate Act 1993
Disability Discrimination Act 1992
Sex Discrimination Act 1984
Social Security Act 1991
Student and Youth Assistance Act 1973
Workplace Relations Act 1996
Schedule 2--Other matters relating to enactment of Reform of Employment Services Act 1996
Part 1--Amendments
Freedom of Information Act 1982
Ombudsman Act 1976
Privacy Act 1988
Part 2--Transitional
A Bill for an Act to deal with consequential matters arising from the enactment of the Reform of Employment Services Act 1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Reform of Employment Services (Consequential Provisions) Act 1996.
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Schedules 1 and 2 commence on the same day as the Reform of Employment Services Act 1996.
Subject to section
2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Part 1--Repeal Employment Services Act 1994
1 The whole of the Act
Repeal the Act.
Part 2--Transitional
2 Interpretation
In this Part:
commencement day means the day on which this Schedule
Back to Top commences.
ES Act means the Employment Services Act 1994.
ESRA means the Employment Services Regulatory Authority established under the ES Act.
3 ESRA's assets and liabilities
(1) On commencement day:
(a) all assets of ESRA vest in the Commonwealth; and
(b) all liabilities of ESRA become liabilities of the Commonwealth.
(2) The vesting of assets by this item has effect without the need for any conveyance, transfer, assignment or other assurance but this item does not preclude the use of any other method to transfer any of ESRA's assets to the Commonwealth.
4 ESRA's contracts
Any contract to which ESRA was a party immediately before commencement day has effect on and after that day as if:
(a) the Commonwealth were substituted for ESRA as a party to the contract; and
(b) references in the contract to ESRA were (except in relation to matters that occurred before commencement day) references to the Commonwealth.
5 Regulations
(1) The Governor-General may make regulations in relation to transitional matters arising from the repeal of the ES Act.
(2) Without limiting subitem (1), the regulations may make provision:
(a) dealing with the situation of persons who were, immediately before commencement day, participants in the case management system under the ES Act; and
(b) dealing with Case Management Activity Agreements in force immediately before commencement day; and
(c) enabling the ES Act, in spite of its repeal, to be taken to continue in force for particular purposes relating to transitional matters; and
(d) enabling the Acts amended by Part 3 of this Schedule to be taken to continue in force for particular purposes relating to transitional matters as if the amendments had not been made.
Part 3--Consequential amendments of other Acts
Administrative Decisions (Judicial Review) Act 1977
6 Paragraph (o) of Schedule 2
Repeal the paragraph.
Child Care Rebate Act 1993
7 Paragraph 29(1)(d)
Omit "Commonwealth Employment Service in an allowance category", substitute "Employment Secretary".
8 Subsections 29(2) and (3)
Repeal the subsections.
9 Section 29 (note)
Repeal the note.
Disability Discrimination Act 1992
10 Subsection 4(1) (definition of employment agency)
Omit ", and includes the Commonwealth Employment Service".
Sex Discrimination Act 1984
11 Subsection 4(1) (definition of employment agency)
Omit ", and includes the Commonwealth Employment Service".
Social Security Act 1991
12 Subsection 5(1) (subparagraph (b)(ii) of the definition of independent young person)
Repeal the subparagraph, substitute:
(ii) been receiving a youth training allowance or a newstart allowance; or
(iii) been registered by the Employment Secretary as being unemployed;
13 Subsection 593(1) (note 18)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
14 Subsection 595(3) (note)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
15 Subparagraph 598(4)(c)(ii)
Back to Top Repeal the subparagraph, substitute:
(ii) the person claims a newstart allowance;
16 Paragraph 598(4)(d)
Repeal the paragraph.
17 Subsections 601(4) and (5)
Omit "CES", substitute "Secretary".
18 Subsection 601(5) (note 2)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
19 Subsection 604(1)
Omit "Employment Secretary, with the CES", substitute "Secretary and the Employment Secretary".
20 Subsection 604(1) (note 2)
Repeal the note.
21 Paragraph 604(1B)(b)
Omit "registered by the CES as unemployed", substitute "in receipt of a newstart allowance or a youth training allowance".
22 Subparagraph 607(1)(b)(iii)
Omit "CES", substitute "Secretary".
23 Subparagraphs 608(1)(i)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) attend an office of the Agency; or
(ii) contact the Agency; or
24 Subsection 608(3) (note)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
25 Subsection 613(2) (notes)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
26 Subsection 625(2) (note 3)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
27 Subsection 626(2) (note 3)
Omit "case management system by section 45 of the Employment Services Act 1994", substitute "employment assistance scheme by Division 3 of Part 4 of the Reform of Employment Services Act 1996".
28 Subparagraph 630C(1)(b)(i)
Omit "Department or of the CES", substitute "Agency".
29 Subparagraph 630C(1)(b)(ii)
Omit "Department or the CES" (wherever occurring), substitute "Agency".
30 Paragraph 630C(1)(c)
Omit "Department or the CES", substitute "Agency".
31 Subsection 630C(1) (note)
Repeal the note, substitute:
Note: For Agency see subsection 23(1).
32 Subparagraph 666(1A)(f)(iii)
Repeal the subparagraph, substitute:
(iii) has been registered by the Employment Secretary as being unemployed for at least 13 weeks; and
33 Sub-subparagraph 736(1)(b)(iv)(B)
Omit "CES", substitute "Agency".
34 Subsection 1242A(1)
Omit "CES", substitute "Secretary".
35 Paragraph 1252A(2)(a)
Omit "CES", substitute "Secretary".
36 Subsection 1274(2A)
Repeal the subsection.
37 Subsection 1274(4)
Omit "or subsection (2A)".
38 Subsection 1274(4)
Omit "or the CES".
39 Subsection 1299(1)
Omit "subsections (2) and (3)", substitute "subsection (2)".
40 Subsection 1299(3)
Repeal the subsection.
41 Subsection 1299(4)
Repeal the subsection.
Student and Youth Assistance Act 1973
42 Subparagraph 65(3)(c)(iii)
Repeal the subparagraph, substitute:
(iii) has been registered by the Employment Secretary as being unemployed for at least 13 weeks; and
43 Subsections 75(13) and (14)
Back to Top Omit "Commonwealth Employment Service", substitute "Secretary".
44 Subsection 79(4)
Repeal the subsection, substitute:
(4) A Youth Training Activity Agreement is a written agreement in a form approved by the Secretary and the Employment Secretary. The agreement is between the person and the Secretary.
45 Subparagraphs 85(1)(j)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) attend an office of the Agency; or
(ii) contact the Agency; or
46 Subparagraphs 85(1)(l)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) attend an office of the Agency; or
(ii) contact the Agency; or
47 Subparagraphs 114(1)(b)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) attend an office of the Agency; or
(ii) contact the Agency; or
48 Subparagraph 114(1)(c)(ii)
Repeal the subparagraph, substitute:
(ii) contact the Agency; or
Workplace Relations Act 1996
49 Subsection 170CL(2)
Omit "Commonwealth Employment Service", substitute "Employment Secretary".
50 At the end of section 170CL
Add:
(4) In this section:
Employment Secretary means the Secretary to the Department administered by the Minister administering the Reform of Employment Services Act 1996.
Note: The heading to section 170CL is altered by omitting "CES" and substituting "Employment Secretary".
Part 1--Amendments Freedom of Information Act 1982
1 Subsection 4(1) (definition of agency)
Omit "case manager", substitute "employment services provider".
2 Subsection 4(1) (definition of eligible case manager)
Repeal the definition.
3 Subsection 4(1)
Insert:
eligible employment services provider means an entity:
(a) that is, or has at any time been, engaged by the Commonwealth under the Reform of Employment Services Act 1996 to provide employment services; and
(b) that is not:
(i) a Department; or
(ii) a prescribed authority.
4 Subsection 4(1) (paragraph (c) of the definition of principal officer)
Repeal the paragraph, substitute:
(c) in relation to an eligible employment services provider:
(i) if the eligible employment services provider is an individual--the individual; or
(ii) in any other case--the individual who has primary responsibility for the management of the eligible employment services provider.
5 Subsection 4(1) (paragraph (e) of the definition of responsible Minister)
Repeal the paragraph, substitute:
(e) in relation to an eligible employment services provider--the Minister administering the Reform of Employment Services Act 1996;
6 Section 6B
Repeal the section, substitute:
This Act applies to a request for access to a document of an eligible employment services provider only if the document relates to:
(a) the provision of employment services under an employment services agreement made under the Reform of Employment Services
Back to Top Act 1996; or
(b) the performance of a function conferred on the eligible employment services provider under that Act.
Ombudsman Act 1976
7 Subsection 3(1) (definition of case manager)
Repeal the definition.
8 Subsection 3(1) (definition of eligible case manager)
Repeal the definition.
9 Subsection 3(1)
Insert:
eligible employment services provider means an entity:
(a) that is, or has at any time been, engaged by the Commonwealth under the Reform of Employment Services Act 1996 to provide employment services; and
(b) that is not:
(i) a Department; or
(ii) covered by paragraph (a), (b), (ba), (bb), (c) or (d) of the definition of prescribed authority.
10 Subsection 3(1)
Insert:
Employment Secretary means the Secretary to the Department administered by the Minister administering the Reform of Employment Services Act 1996.
11 Subsection 3(1)
Insert:
employment services provider means an entity that is, or has been, engaged by the Commonwealth under the Reform of Employment Services Act 1996 to provide employment services.
12 Subsection 3(1) (definition of ESRA)
Repeal the definition.
13 Subsection 3(1) (paragraph (b) of the definition of officer)
Omit "case manager", substitute "employment services provider".
14 Subsection 3(1) (paragraph (c) of the definition of officer)
Repeal the paragraph, substitute:
(c) in relation to a prescribed authority that is an eligible employment services provider:
(i) if the eligible employment services provider is an individual--the individual; or
(ii) if the eligible employment services provider is a body corporate--a director, the secretary or an employee of the body corporate; or
(iii) if the eligible employment services provider is a partnership--a partner in, or an employee of, the partnership; or
(iv) if the eligible employment services provider is an unincorporated association--a member of the executive committee, or an employee, of the unincorporated association; or
(v) in any other case--an officer or employee of the eligible employment services provider.
15 Subsection 3(1) (paragraph (e) of the definition of prescribed authority)
Omit "case manager", substitute "employment services provider".
16 Subsection 3(1) (paragraph (c) of the definition of principal officer)
Omit "case manager", substitute "employment services provider".
17 Subsection 3(1) (paragraph (d) of the definition of principal officer)
Repeal the paragraph, substitute:
(d) in relation to a prescribed authority that is an eligible employment services provider:
(i) if the eligible employment services provider is an individual--the individual; or
(ii) in any other case--the individual primarily responsible for the management of the eligible employment services provider.
18 Subsection 3(1) (paragraph (da) of the definition of responsible Minister)
Omit "Employment Services Act 1994", substitute "Reform of Employment Services Act 1996".
19 Paragraph 5(2)(h)
Repeal the paragraph, substitute:
(h) action taken by an eligible employment services provider that is not connected with:
(i) the provision of employment services under an employment services agreement made under the Reform of Employment Services Act 1996; or
(ii) the performance of functions conferred on the eligible employment services provider under that Act.
20 Subsections 6(4G) and (4H)
Back to Top Repeal the subsections, substitute:
(4G) If, before the Ombudsman begins, or after the Ombudsman has begun, to investigate action taken by a Department or by a prescribed authority, being action that is the subject matter of a complaint, the Ombudsman forms the opinion that:
(a) a complaint with respect to the action has been, or could have been, made by the complainant to the Employment Secretary under Part 6 of the Reform of Employment Services Act 1996; and
(b) the action could be more conveniently or effectively dealt with by the Employment Secretary;
the Ombudsman may decide not to investigate the action, or not to investigate the action further, as the case may be, and, if the Ombudsman so decides, the Ombudsman must:
(c) transfer the complaint to the Employment Secretary; and
(d) give written notice to the complainant stating that the complaint has been so transferred; and
(e) give to the Employment Secretary any information or documents that relate to the complaint and are in the possession, or under the control, of the Ombudsman.
(4H) A complaint transferred under subsection (4G) is taken to be a complaint made to the Employment Secretary under Part 6 of the Reform of Employment Services Act 1996.
21 Subsections 35A(3A), (3B), (3C), (3D) and (3E)
Repeal the subsections, substitute:
(3A) If:
(a) the Ombudsman has information about a particular employment services provider; and
(b) the information is relevant to the performance of the functions, or the exercise of the powers, of the Employment Secretary; and
(c) in the opinion of the Ombudsman, it is:
(i) in the interests of the Employment Secretary, the employment services provider or a complainant; or
(ii) otherwise in the public interest;
to disclose the information to the Employment Secretary or to make a statement about the information to the Employment Secretary;
this Act does not prevent the Ombudsman from disclosing the information, or making the statement, to the Employment Secretary.
(3B) Subsection (3A) does not, by implication, limit the generality of subsection (1).
(3C) The Ombudsman must not disclose information, or make a statement about information, under subsection (3A) if:
(a) the information was obtained in the course of a particular investigation; and
(b) the disclosure of the information, or the making of the statement, is likely to interfere with:
(i) the carrying out of that or any other investigation under this Act; or
(ii) the making of a report under this Act.
(3D) The Ombudsman must not disclose information, or make a statement about information, under subsection (3A) if:
(a) the information was obtained as a result of the making of inquiries under section 7A; and
(b) the disclosure of the information, or the making of the statement, is likely to interfere with:
(i) the making of those or any other inquiries under section 7A; or
(ii) the carrying out of an investigation under this Act; or
(iii) the making of a report under this Act.
(3E) The Ombudsman must not, in disclosing information, or making a statement, under subsection (3A):
(a) set out opinions that are, either expressly or impliedly, critical of an employment services provider or person unless the Ombudsman has given the employment services provider or the person an opportunity to make submissions, either orally or in writing, in relation to the information or statement, as the case requires; or
(b) disclose the name of a complainant or any matter that would enable a complainant to be identified unless it is fair and reasonable in all the circumstances to do so.
Privacy Act 1988
22 Subsection 6(1) (paragraph (i) of the definition of agency)
Repeal the paragraph, substitute:
(i) an eligible employment services provider.
23 Subsection 6(1) (definition of eligible case manager)
Repeal the definition.
24 Subsection 6(1)
Back to Top Insert:
eligible employment services provider means an entity:
(a) that is, or has at any time been, engaged by the Commonwealth under the Reform of Employment Services Act 1996 to provide employment services; and
(b) that is not covered by paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of the definition of agency.
25 Paragraph 7(1)(a)
Omit "case manager", substitute "employment services provider".
26 Paragraph 7(1)(cb)
Repeal the paragraph, substitute:
(cb) an act done, or a practice engaged in, as the case may be, by an eligible employment services provider in connection with:
(i) the provision of employment services under an employment services agreement made under the Reform of Employment Services Act 1996; or
(ii) the performance of functions conferred on the eligible employment services provider under that Act; or
27 Paragraphs 7(1)(d) and (e)
Omit "case manager", substitute "employment services provider".
28 Paragraphs 7(1)(ea) and (eb)
Repeal the paragraphs, substitute:
(ea) an act done, or a practice engaged in, as the case may be, by a Minister in relation to the affairs of an eligible employment services provider, being affairs in connection with:
(i) the provision of employment services under an employment services agreement made under the Reform of Employment Services Act 1996; or
(ii) the performance of functions conferred on the eligible employment services provider under that Act; or
(eb) an act done, or a practice engaged in, as the case may be, by a Minister in relation to a record that is in the Minister's possession in his or her capacity as a Minister and relates to the affairs of an eligible employment services provider, being affairs in connection with:
(i) the provision of employment services under an employment services agreement made under the Reform of Employment Services Act 1996; or
(ii) the performance of functions conferred on the eligible employment services provider under that Act;
29 Section 37 (items 6 and 7 of the table)
Repeal the items, substitute:
| 6 | An eligible employment services provider that is an individual | The individual |
| 7 | An eligible employment services provider that is not an individual | The individual primarily responsible for the management of the eligible employment services provider |
30 Subsections 54(2) and 57(2) Omit "case manager", substitute "employment services provider".
Part 2--Transitional
31 Regulations
(1) The Governor-General may make regulations in relation to transitional matters arising from the amendments made by Part 1 of this Schedule.
(2) Without limiting subitem (1), the regulations may make provision enabling the Acts amended by Part 1 of this Schedule to be taken to continue in force for particular purposes relating to transitional matters as if the amendments had not been made.