Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007

Administered by Services Australia

Legislation au F2007L03730 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Minister for Human Services

 

Commonwealth Services Delivery Agency Act 1997

 

Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007

 

 

Background

 

The Commonwealth Services Delivery Agency (known as Centrelink) is established by section 6 of the Commonwealth Services Delivery Agency Act 1997 (CSDA Act). 

Centrelink’s functions, defined by section 6A of the CSDA Act, are to assist the Chief Executive Officer of Centrelink (the Chief Executive Officer) in the performance of the Chief Executive Officer’s functions.

 

The functions of the Chief Executive Officer, set out in section 8 of the CSDA Act, include functions that the Minister, by writing, directs the Chief Executive Officer to perform (paragraph 8(1)(c)).

 

Purpose the Direction

 

Centrelink has been identified as being well placed to provide additional services to members of the public and to provide certain services to Australian Government Departments and agencies. 

 

The purpose of the Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007 (the Direction) is for the Minister for Human Services to confer, on the Chief Executive Officer, the function of providing ‘Centrelink services’ and thereby to authorise Centrelink to assist in delivering those services.

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but is not subject to the disallowance or sunsetting provisions.

 

Details of the Direction

 

Section 1 – Name of Direction

 

The section provides that the name of the Direction is the Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007.

 

Section 2 - Commencement

 

The Direction will commence on the day after it is registered.

 


Section 3 – Definitions

 

This section sets out the terms defined for the purposes of the Direction.

 

Section 4 – Direction to perform function

 

This section confers on the Chief Executive Officer the function of providing Centrelink services in accordance with supplementary service arrangements. 

 

It is a direction by the Minister, to the Chief Executive Officer, to perform a function consistent with paragraph 8(1)(c) of the CSDA Act. 

 

By conferring this function on the Chief Executive Officer, Centrelink is authorised to assist the Chief Executive Officer in the provision of Centrelink services.

 

Section 5 – Supplementary service arrangements

 

Subsection 5(1) authorises the Chief Executive Officer to enter into a supplementary service arrangement under which Centrelink services will be provided. 

 

The Chief Executive Officer may enter into a supplementary service arrangement with a number of bodies, including a State or Territory, a local government or a non-government organisation (which includes organisations that are a charity or not for profit organisation) for the purposes of delivering Centrelink services of the kind identified in Schedule 1.

 

The Chief Executive Officer may only enter into a supplementary service agreement for the provision of ‘corporate services’ (listed in Schedule 2), with a ‘Commonwealth body’ (subsection 5(2)).  ‘Commonwealth body’ is a defined term and is intended to cover Australian Government Departments and agencies and Commonwealth companies.

 

It is anticipated that, in particular, smaller Commonwealth agencies and Commonwealth companies can achieve increased value for money and a reduction in corporate overheads by partnering with Centrelink to obtain corporate services.

 

The Direction will provide Commonwealth bodies with the ability to obtain corporate services from, or through, Centrelink (by authorising Centrelink to provide those services).  Purchasing agencies will still need to discharge their respective procurement obligations when sourcing those services from Centrelink. 

 

Subsection 5(3) provides that a supplementary service agreement may include arrangements for Centrelink to do things, or to provide services, that are directly related to providing the Centrelink service which is the subject of the supplementary service arrangement.

 

Subsection 5(4) nominates a number of factors that may be dealt with, and agreed to, as part of a supplementary service arrangement. 

 

Subsection 5(5) expressly contemplates the ability for Centrelink to impose a fee in respect of the provision of Centrelink services.

 

Subsection 5(6) contemplates that Centrelink services may be provided in conjunction with ‘Commonwealth services’ provided under a service arrangement made under section 7 of the CSDA Act.

 

Schedule 1 – Centrelink services (other than corporate services)

 

Items 101 to 103 identify the Centrelink services.

 

Item 101 relates to services, benefits, programs or facilities that are intended to provide efficient and effective delivery of government services to the public.  The item is intended  to facilitate the provision of seamless service delivery by all levels of government.  The item expressly includes services that may be provided in the case of an emergency, or in the course of preparing for an emergency (in order to be in a position to respond to an emergency).  The item also extends to services that are directed to inmates of a correctional facility.

 

Item 102 relates to the Centrepay service which assists customers to manage their financial commitments by paying amounts directly to relevant third parties.  This includes living costs, rent and utilities.

 

Item 103 relates to the Centrelink confirmation e-service facility under which customers consent to Centrelink sharing their information with a third party.

 

Schedule 2 – corporate services

 

Items 201 to 206 identify examples of corporate services that may be provided by Centrelink to a Commonwealth body. 

 

Consultation

 

The Direction was settled following consultation between Centrelink and the Department of Human Services.

 

 

 

Overview

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007 was enacted to address the need for Centrelink to provide additional services to the public and certain services to Australian Government Departments and agencies. This legislative instrument, issued by the Minister for Human Services, aims to confer upon the Chief Executive Officer of Centrelink the function of providing Centrelink services, thereby enabling Centrelink to assist in the delivery of these services. The Direction was developed following consultations between Centrelink and the Department of Human Services and it outlines the functions and supplementary service arrangements that the Chief Executive Officer can enter into to facilitate the provision of Centrelink services. The primary policy objective of this Direction is to leverage Centrelink's existing capabilities to enhance service delivery efficiency and effectiveness across various sectors, including emergency services and corporate functions for smaller Commonwealth agencies.

Scope and Application

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007 applies to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink), which is established under the Commonwealth Services Delivery Agency Act 1997. The purpose of this Direction is to confer on the Chief Executive Officer the function of providing Centrelink services, thereby authorising Centrelink to assist in delivering these services. The services in question, defined in Schedule 1 and Schedule 2, include various Centrelink services, benefits, programs, and facilities intended for the efficient and effective delivery of government services to the public, as well as corporate services that can be provided to Australian Government Departments and agencies or Commonwealth companies. The Direction allows the Chief Executive Officer to enter into supplementary service arrangements with a range of entities, including states, territories, local governments, and non-government organisations, to deliver these services. It also permits Centrelink to charge fees for these services and to provide them in conjunction with other Commonwealth services. The Direction commenced on the day after it was registered and is not subject to disallowance or sunsetting provisions under the Legislative Instruments Act 2003.

Key Provisions

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007 (the Direction) sets out the key provisions that empower the Chief Executive Officer (CEO) of Centrelink to perform additional functions. Section 4 of the Direction formally confers on the CEO the function of providing 'Centrelink services', as directed by the Minister for Human Services. This includes a broad range of services intended to enhance the delivery of government services to the public, with specific emphasis on services that can be provided in emergency situations or to inmates of correctional facilities. The CEO is also authorised to provide Centrelink services such as the Centrepay service and the Centrelink confirmation e-service facility. Furthermore, the Direction allows the CEO to enter into supplementary service arrangements (SSAs) for the provision of these services, as outlined in Section 5. The obligations imposed by the Direction on the CEO and Centrelink include the responsibility to enter into SSAs for the provision of Centrelink services, as permitted by the Direction. These SSAs must be with entities such as State or Territory governments, local governments, non-government organisations, or Commonwealth bodies, depending on the type of service being provided. The CEO must also consider various factors as part of these SSAs, such as service delivery arrangements, performance standards, and financial arrangements. Additionally, the Direction requires that any fees for Centrelink services be imposed in accordance with the SSAs, and it allows for these services to be provided in conjunction with other Commonwealth services. In terms of potential breaches and consequences, the Direction itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to adhere to the terms of the SSAs or to comply with the requirements of the Direction could potentially lead to legal disputes or contractual breaches, which might be pursued under general law or specific contractual provisions. Given that the Direction is a legislative instrument under the Legislative Instruments Act 2003, any significant non-compliance might also draw scrutiny from relevant authorities, although the Direction is not subject to disallowance or sunsetting provisions. The nature and severity of any penalties would largely depend on the specific circumstances and applicable laws governing the SSAs and service delivery agreements.

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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.