Commonwealth Numbered Acts

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EMPLOYMENT SERVICES ACT 1994


TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Aim and objects  
   4.      Definitions  
   5.      Documents  
   6.      Continuity of partnerships  
   7.      Crown to be bound  
   8.      Commonwealth Employment Service  
   9.      National Director  
   10.     Attribution of acts of Departmental officers  
   11.     Establishment of national committee  
   12.     Function of national committee  
   13.     Provisions relating to the national committee  
   14.     Establishment of area committees  
   15.     Function of area committees  
   16.     Provisions relating to area committees  
   17.     Disclosure of interests  
   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.  
   23.     Object  
   24.     Outline  
   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  
   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  
   36.     Outline  
   37.     Case management services  
   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 Job Search Activity Agreements and Newstart 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  
   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.  
   58.     Contracted case managers  
   59.     Payments to contracted case managers  
   60.     Claims for payments-false or misleading statements  
   61.     Repayments by contracted case managers  
   62.     Rules of conduct  
   63.     Codes of practice  
   64.     CES to assist case managers  
   65.     Department to provide information technology assistance to case managers  
   66.     Control of case management documents  
   67.     Secrecy  
   68.     Establishment of ESRA  
   69.     Functions  
   70.     Powers  
   71.     Ministerial directions  
   72.     Minister may notify ESRA of general policies of the Commonwealth Government  
   73.     Minister may ask for information  
   74.     ESRA Board  
   75.     Functions of ESRA Board  
   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.     Disclosure of interests  
   86.     Resignation  
   87.     Termination of appointment  
   88.     Other terms and conditions  
   89.     Meetings of the ESRA Board  
   90.     Resolutions without meetings  
   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  
   104.    Money payable to ESRA  
   105.    Estimates  
   106.    Application of money held by ESRA  
   107.    Application of the Audit Act 1901 to ESRA  
   108.    Investment of money  
   109.    Exemption from taxation  
   110.    Staff of ESRA  
   111.    Arrangements with authorities of the Commonwealth  
   112.    Consultants  
   113.    Delegation  
   114.    Committees  
   115.    Corporate plan  
   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 Trade Practices 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  
   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  
   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  
   145.    Reviewable decision  
   146.    Authorised review officers  
   147.    Employment Secretary may review decisions  
   148.    Application for review  
   149.    Automatic payment of job search allowance or newstart 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  
   152.    Object of Division  
   153.    Persons who may apply for review  
   154.    Application requirement for certain section 39 decisions  
   155.    Automatic payment of job search allowance or newstart 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  
   164.    Application of Parts 6.3 and 6.4 of the Social Security Act 1991  
   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  
   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  
   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  
   180.    Prosecutions of corporations  
   181.    Prosecutions of persons other than corporations  
   182.    Giving of documents to partnerships  
   183.    Giving of documents to unincorporated associations  
   184.    Regulations  
            
           (Assented to 19 December 1994)


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