COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 [Note: This Act is "repealed" by Act No. 80 of 1988]
(#DATE 31:12:1983)
Compilation Information
- Reprinted as at 31 December 1983
*1* The Commonwealth Employment Service Act 1978 as shown in this
reprint comprises Act No. 102, 1978 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
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Commonwealth
Employment Service
Act 1978 102, 1978 29 Aug
1978 29 Aug 1978
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part LXXVII
(s. 280): Royal
Assent (a) S. 280
(2)
and (3)
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(a) The Commonwealth Employment Service Act 1978 was amended by Part LXXVII
(section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2)
1982, sub-section 2 (1) of which provides that Part LXXVII shall come into
operation on Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
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Provision affected How affected
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S. 3 . . . . . . . . . am. No. 80, 1982
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COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Extension to external Territories
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
COMMONWEALTH EMPLOYMENT SERVICE
5. Establishment of Commonwealth Employment Service
6. Functions of Service
7. Powers of Service
8. Offices of Service
9. Directions by Minister
PART III-THE NATIONAL DIRECTOR AND STAFF OF THE SERVICE
10. National Director
11. Staff
PART IV-ADVISORY COMMITTEES
12. Interpretation
13. National Advisory Committee on the Commonwealth Employment Service
14. Membership of National Committee
15. Chairman of National Committee
16. Meetings of National Committee
17. Regional and local advisory committees
18. Membership of regional and local committees
19. Termination of appointment of members of committees
20. Resignation of members of committees
21. Allowances of members of committees
PART V-MISCELLANEOUS
22. Annual Report
23. Regulations
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - LONG TITLE
SECT
An Act to Establish a Commonwealth Employment Service, and for other purposes
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - PART I
PART I-PRELIMINARY
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 1
Short title
SECT
1. This Act may be cited as the Commonwealth Employment Service Act 1978.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 3
Interpretation
SECT
3. In this Act, unless the contrary intention appears-
"approved manpower program" means a manpower program approved by the
Minister for the purposes of this Act;
"manpower program" means a program, scheme or arrangement designed to
provide persons, or classes of persons, with employment, either generally or
in a particular way, to enhance persons' opportunities for obtaining
employment, to facilitate the movement of labour between occupations, between
industries or between places or otherwise to improve the functioning of the
labour-market, including any program, scheme or arrangement for assisting
employers to obtain or retain employees or for training persons, in the course
of their employment or at institutions, or both, in skills relating to
employment;
"National Director" means the National Director of the Commonwealth
Employment Service;
"Service" means the Commonwealth Employment Service established by section
5.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 4
Extension to external Territories
SECT
4. This Act extends only to such external Territories as are prescribed.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - PART II
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE COMMONWEALTH
EMPLOYMENT SERVICE
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 5
Establishment of Commonwealth Employment Service
SECT
5. There shall be, within the Department, an organization by the name of the
Commonwealth Employment Service.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 6
Functions of Service
SECT
6. The functions of the Commonwealth Employment Service are-
(a) to assist persons seeking employment or a change of employment to
obtain suitable positions having regard to any experience, abilities, training
or qualifications they possess and to the economic and other needs of the
Australian community and, in particular, without limiting the generality of
the
foregoing-
(i) to provide such persons with information relating to employment,
including advice relating to the qualifications for, and other aspects of,
particular occupations, and with vocational guidance; and
(ii) to make special arrangements and provide special facilities
wherever necessary so to assist such persons who are immigrants or
Aboriginals, who are young or handicapped, who have recently completed their
education, who have professional or technical qualifications or who otherwise
have special
requirements or disadvantages in relation to employment;
(b) to assist employers and intended employers wishing to fill vacant
positions of employment to fill them with available persons who are suitable
for the performance of the duties of, and who meet the employer's or intended
employer's requirements for, the positions;
(c) to promote and implement approved manpower programs and other measures
designed to ensure a high level of employment in the community;
(d) to register persons who are unemployed and who wish to claim
unemployment benefits under the Social Services Act 1947*2* and to provide
assistance in seeking employment for persons claiming or receiving such
benefits;
(e) to publish information in respect of the labour-market or the services
relating to employment provided by the Service, or otherwise by the
Commonwealth, or, with the consent of the relevant State, by a State;
(f) without derogating from the powers and functions of the Australian
Bureau of Statistics, to collect statistics and other information relating to
the labour-market; and
(g) to do anything incidental or conducive to the performance of any of the
foregoing functions.
*2* S. 6-Now cited as the Social Security Act 1947.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 7
Powers of Service
SECT
7. The Service may do all things that are necessary or convenient to be done
for or in connexion with the performance of its functions and, in particular,
without limiting the generality of the foregoing, may train members of the
staff of the Service in the performance of their duties.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 8
Offices of Service
SECT
8. The Service shall establish and maintain offices for the performance of
its functions at such places as the Minister directs.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 9
Directions by Minister
SECT
9. The Service shall perform its functions and exercise its powers in
accordance with any directions, not inconsistent with this Act, given to it by
the Minister.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - PART III
PART III-THE NATIONAL DIRECTOR AND STAFF OF THE SERVICE
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 10
National Director
SECT
10. (1) There shall be a National Director of the Commonwealth Employment
Service.
(2) The National Director shall be responsible for the administration of the
Service and for the implementation of approved manpower programs and may, on
behalf of the Service, exercise any powers and perform any duties which are by
this Act expressed to be conferred or imposed on the Service.
(3) The National Director shall be an officer or employee of the Australian
Public Service.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 11
Staff
SECT
11. (1) The staff of the Service shall be persons appointed or employed
under the Public Service Act 1922.
(2) The Public Service Act 1922 has effect as if the National Director were,
and had the powers of, a Chief Officer of the Department in relation to the
officers and employees constituting the staff of the Service.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - PART IV
PART IV-ADVISORY COMMITTEES
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 12
Interpretation
SECT
12. In this Part, unless the contrary
intention appears-
"Consultative Council" means the National Labour Consultative Council;
"employees' council" means the Australian Council of Trade Unions or the
Council of Australian Government Employee Organizations;
"employers' organization" means the National Employers' Policy Committee;
"local committee" means a committee established under sub-section 17 (2);
"National Committee" means the National Advisory Committee on the
Commonwealth Employment Service;
"regional committee" means a committee established under sub-section 17
(1).
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 13
National Advisory Committee on the Commonwealth Employment Service
SECT
13. (1) There is established by this Act a committee by the name of the
National Advisory Committee on the Commonwealth Employment Service.
(2)
The function of the National Committee is to furnish advice to the Minister
and the National Director, either at the request of the Minister or the
National Director, as the case may be, or on its own motion, on the operations
of the Service.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 14
Membership of National Committee
SECT
14. (1) The National Committee shall consist of 6 members, who may be
members of the
Consultative Council, namely-
(a) 2 members nominated by the members of the Consultative Council who
were
nominated by the employers' organization;
(b) 2 members nominated by the members of the Consultative Council who
were
nominated by an employees' council;
(c) a member nominated by the Department; and
(d) the National Director.
(2) The members of the National Committee shall be appointed by the
Minister.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 15
Chairman of National Committee
SECT
15. The Minister shall appoint one of the members of the National Committee,
other than the National Director, to be Chairman of the National Committee.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 16
Meetings of National Committee
SECT
16. (1) There shall be a meeting of the National Committee at least once in
each quarter of the year.
(2) The Chairman may, at any time, convene a meeting of the National
Committee and shall do so whenever the holding of a meeting is necessary to
comply with sub-section
(1).
(3) The Chairman shall convene a meeting of the National Committee whenever
requested to do so by the Minister or by a majority of the members of the
National Committee.
(4) The Chairman shall preside at all meetings of the National Committee at
which he is present.
(5) In the event of the absence of the Chairman from a meeting of the
National Committee, the members present shall appoint one of their number to
preside at the meeting.
(6) Subject to this section, the procedure to be followed at a meeting of
the National Committee shall be determined by the National Committee.
(7) In this section-
"Chairman" means the Chairman of the National Committee;
"quarter of the year" means a period of 3 months commencing on 1 January, 1
April, 1 July or 1 October.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 17
Regional and local advisory committees
SECT
17. (1) The Minister may, after obtaining the advice of the Consultative
Council, establish a committee for a State, an internal Territory or an
external Territory to which this Act extends, to be known as the regional
committee for that State or Territory, to furnish advice to him and the
National Director at the request of the Minister or the National Director, as
the case may be, on the operations of the Service in that State or Territory.
(2) The Minister may, after obtaining the advice of the National Committee,
establish a committee for a district, town or other place in a State or an
internal Territory, to be known as the local committee for that place, to
furnish advice to him and the National Director at the request of the Minister
or the National Director, as the case may be, on the operations of the Service
in that place.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 18
Membership of regional and local committees
SECT
18. (1) A regional or local committee shall consist of such number of
members as the Minister from time to time determines.
(2) The members of a regional or local committee shall be appointed by the
Minister.
(3) A regional or local committee shall include persons that the Minister,
after obtaining the advice of the National Committee, considers appropriate to
represent employers in, and organizations of employees employed in, the
relevant State, Territory or place.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 19
Termination of appointment of members of committees
SECT
19. (1) The Minister may terminate the appointment of a member of the
National Committee referred to in paragraph 14 (1) (c).
(2) If the members of the Consultative Council who were nominated by the
employers' organization request the termination of the appointment of a member
of the National Committee referred to in paragraph 14 (1) (a), the Minister
shall terminate the appointment of that member.
(3)
If the members of the Consultative Council who were nominated by an
employees' council request the termination of the appointment of a member of
the National Committee referred to in paragraph 14 (1) (b), the Minister shall
terminate the appointment of that member.
(4) The Minister may terminate the appointment of a member of a regional or
local committee.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 20
Resignation of members of committees
SECT
20. A member of the National Committee or of a regional or local committee
may resign his membership by writing signed by him and delivered to the
Minister.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 21
Allowances of members of committees
SECT
21. A member of the National Committee or of a regional or local committee
is not entitled to remuneration but is entitled in the appropriate
circumstances to payment of travelling allowances as if he were an officer of
the Second Division of the Australian Public Service.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - PART V
PART V-MISCELLANEOUS
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 22
Annual Report
SECT
22. The National Director shall, as soon as practicable after 30 June in
each year, prepare and furnish to the Minister, for presentation to the
Parliament, a report of the operations of the Service during the 12 months
ending on that date.
COMMONWEALTH EMPLOYMENT SERVICE ACT 1978 - SECT 23
Regulations
SECT
23. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are permitted by this Act to be prescribed
or are necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
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