EXPLANATORY STATEMENT
COMMONWEALTH SERVICES DELIVERY AGENCY DIRECTIONS 2001
The Commonwealth Services Delivery Agency Act 1997 (the Act) provides for the establishment of Centrelink.
Section 8 of the Act, specifies the functions of Centrelink, namely, the provision of Commonwealth services in accordance with service arrangements (paragraph 8(1)(a) of the Act), any functions conferred on Centrelink under any other Act (paragraph 8(1)(b) of the Act), any functions that the Minister, by written notice given to the Chairman, directs Centrelink to perform (paragraph 8(1)(c) of the Act) and doing anything incidental, conducive or related to the performance of any of its other functions (paragraph 8(1)(d) of the Act).
This Direction is made by the Minister under paragraph 8(1)(c) of the Act and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 as specified under subsection 8(2) of the Act.
Notice to Chairman of Directions
Subsection 10(1) of the Act provides that the Minister must, before giving a direction under paragraph 8(1)(c) of the Act, by written notice given to the Chairman of the Board of Centrelink, ask the Board for its written advice or comments on the impact of the proposed direction on Centrelink’s operations. The Minister gave this written notice to the Chairman on 5 October 2001.
The Boards advice or comments to the Minister about the Directions
In accordance with subsection 10(1) of the Act, the Board of Centrelink, through its Chairman (Mr John Pascoe, AM) advised the Minister on 22 October 2001 that the Board agreed that it had no objections to receiving the Direction.
The Directions
The Minister’s Directions arise from a request, made to Centrelink, by the New Zealand Ministry of Social Development to make arrangements for the payment of income support payments and other functions on behalf of the New Zealand Ministry of Social Development. The income support payments being made are to New Zealand citizens who are victims of domestic violence and also to New Zealand citizens who are subject to the New Zealand Police’s Witness Protection Program where those people are relocated to Australia for safety. New social security arrangements between Australia and New Zealand, some of which came into force in May 2001 and others which are due to come into effect from July 2002, will mean that the above categories of relocated people who previously had access to Centrelink administered programs when relocated to Australia, will no longer have that entitlement.
The functions to be performed by Centrelink are:
- providing a payment to each person every fortnight;
- conducting compliance reviews by telephone;
- conducting field reviews when requested by the New Zealand Ministry of Social Development; and
- providing summary reports to the New Zealand Ministry of Social Development.
The Directions commence on 1 January 2002. Prior to commencement, Centrelink and the New Zealand Ministry of Social Development will enter into a Memorandum of Understanding that provides for provision of these functions as well as financial recompense to Centrelink. The Memorandum of Understanding is expected to be signed by 31 December 2001.