Employment Services Act 1994

Administered by Department of Employment and Workplace Relations

Legislation au C2004A04849 Not in force Act

Legislation content

Employment Services Act 1994

Act No. 176 of 1994 as amended

[Note: This Act was repealed by Act No. 30 of 2006 on 7 April 2006]

This compilation was prepared on 19 April 2001
taking into account amendments up to Act No. 10 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

 

 

 

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

11 Establishment of national committee...................

12 Function of national committee......................

13 Provisions relating to the national committee..............

Division 2—Area committees

14 Establishment of area committees.....................

15 Function of area committees........................

16 Provisions relating to 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

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…

Overview

The Employment Services Act 1994 was enacted by the Australian Parliament to establish and regulate employment services aimed at promoting full employment. This Act was designed to provide employment services free of charge to job seekers and to set up a structured system for managing employment assistance, which includes the Commonwealth Employment Service (CES), Employment Assistance Australia, and a regulated case management system. The Act's primary objective is to facilitate sustainable employment by offering tailored assistance to those in need, ensuring that such services are effectively managed and monitored. The establishment of the Employment Services Regulatory Authority (ESRA) within the Act plays a crucial role in overseeing the accreditation of case managers, monitoring compliance, and handling investigations into potential breaches or inefficiencies in the system. This comprehensive legislative framework aims to enhance the efficiency and effectiveness of employment services, ensuring that job seekers receive appropriate support and guidance to transition into the workforce.

Scope and Application

The Employment Services Act 1994 applies to various entities and individuals involved in providing employment services in Australia. The Act establishes the Commonwealth Employment Service (CES) and Employment Assistance Australia within the Department of Employment, Education and Training. It sets up a case management system for job seekers, regulates the accreditation of case managers, and mandates the creation of the Employment Services Regulatory Authority (ESRA) to oversee the system. The Act applies to job seekers registered with the CES, accredited case managers, and other entities providing employment services. It has a national reach, as it is enacted by the Commonwealth Parliament. The Act does not explicitly state exclusions, but it does specify conditions for the accreditation of case managers and the terms under which they can operate. Certain provisions of the Act can be extended or modified through subordinate instruments such as regulations, which may include transitional and application provisions.

Key Provisions

  • The Employment Services Act 1994 (repealed as of 7 April 2006) established and regulated the case management system for employment services in Australia, aimed at promoting full employment by providing free employment services to job seekers. The Act included several key sections that required or permitted specific actions, such as the establishment of the Commonwealth Employment Service (CES) and Employment Assistance Australia (sections 8 and 18). It also defined the role of advisory committees, both national and area-specific, to advise on employment opportunities and training (sections 11–16).
  • The Act imposed several obligations on the parties and entities it governed. These included the requirement for committee members to disclose pecuniary interests and refrain from participating in decisions related to those interests (section 17). It mandated that CES notify and interview individuals before they became participants in the case management system, and required these individuals to attend interviews and cooperate with referrals to case managers (sections 27–35). Accredited case managers, who were entities engaged to provide case management services, had to comply with certain conditions, such as not charging participants for services, adhering to rules of conduct, and submitting copies of Case Management Activity Agreements to the CES (sections 50–54).
  • The Act outlined various offences and penalties for breaches. For instance, making false or misleading statements in connection with claims for payments was an offence punishable by up to 12 months imprisonment (section 60). Failure to comply with certain sections could result in the cessation of unemployment benefits and the application of an administrative breach rate reduction period (sections 28 and 31). Contravening the case management document rules was punishable by up to 12 months imprisonment (section 66). Inspectors were authorised to search premises and seize documents if there were reasonable grounds to suspect an offence (sections 134–137). Additionally, the Act allowed the Employment Services Regulatory Authority (ESRA) to seek injunctions to prevent or compel specific conduct, and to recover debts by legal proceedings or set-off (sections 175–177). Prosecutions for offences under the Act could be brought against both corporations and individuals, with specific provisions for determining the state of mind and authority of those involved (sections 180 and 181).
  • In summary, the Employment Services Act 1994 structured the framework for employment services, outlined the roles and responsibilities of various entities, and established clear consequences and penalties for non-compliance. These provisions ensured the effective delivery of employment services and maintained the integrity of the case management system.

Legal classification tags

Area of Law
Employment & Labour Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards
Enforcement Powers
Transitional Provisions
Review & Sunset Clauses
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.