EXPLANATORY STATEMENT
Issued by the authority of the Minister for Human Services
Commonwealth Services Delivery Agency Act 1997
Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Management Services) Direction 2010
Authority
- Under paragraph 8 (1) (c) of Commonwealth Services Delivery Agency Act 1997 (the Act), the Minister may give the Chief Executive Officer (Centrelink CEO) of the Commonwealth Services Delivery Agency (known as Centrelink) a written direction to perform specified functions. These functions are additional to those conferred directly by the Act.
Background
2. Subsection 8 (2) of the Act provides that a direction under paragraph 8 (1) (c) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction. This means that the Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Management Services) Direction 2010 (the Direction) is not subject to disallowance by Parliament and is not subject to automatic sunsetting after 10 years.
3. Agencies in the Human Services portfolio work closely together to deliver social, health and welfare services to the Australian community. The Service Delivery Reform initiatives announced by the Minister for Human Services on 16 December 2009 will increase the connections between portfolio agencies.
Management services
4. To support the stronger links between portfolio agencies, it is appropriate to confer on the Centrelink CEO a new function of providing assistance to the Secretary of the Department, including in relation to the management of the Department. This will enable the Centrelink CEO to assist the Secretary to manage particular elements of the Department.
5. Most immediately, it is intended that the Centrelink CEO will assist the Secretary to manage CRS Australia. CRS Australia is a business unit of the Department. Centrelink and CRS Australia have worked closely together for some time, and have an overlapping client base. It is therefore appropriate that the Centrelink CEO assists to manage CRS Australia.
6. The Direction commences the day after it is registered on the Federal Register of Legislative Instruments.
Consultation
7. It was not considered necessary to consult externally because the Direction deals solely with internal governance affecting the Department and Centrelink.
Overview
The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Management Services) Direction 2010 (F2010L02637) was enacted under the authority of the Minister for Human Services to address the need for enhanced coordination and management services within agencies of the Human Services portfolio. This Direction, issued under paragraph 8(1)(c) of the Commonwealth Services Delivery Agency Act 1997, empowers the Chief Executive Officer of the Commonwealth Services Delivery Agency, also known as Centrelink, to perform specified functions beyond those directly conferred by the Act. Notably, this Direction facilitates the Centrelink CEO's role in providing assistance to the Secretary of the Department, specifically in managing elements of the Department, including the business unit CRS Australia. This legislative instrument is not subject to disallowance by Parliament nor automatic sunsetting after ten years, reflecting its importance in the ongoing service delivery reforms within the Human Services portfolio. The Direction aims to strengthen the connections between portfolio agencies and ensure efficient management services, particularly in areas with overlapping client bases between Centrelink and CRS Australia.
Scope and Application
The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Management Services) Direction 2010 applies to the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency (known as Centrelink) and the Secretary of the Department within the Human Services portfolio. This legislation pertains specifically to the functions that the Centrelink CEO can perform, which are additional to those conferred directly by the Commonwealth Services Delivery Agency Act 1997. The primary aim of this Direction is to enhance the collaboration between agencies within the Human Services portfolio by enabling the Centrelink CEO to provide management assistance to the Secretary of the Department, particularly in managing specific elements such as CRS Australia. The scope of this Direction is confined to internal governance and does not require external consultation as it affects only the Department and Centrelink. This legislative instrument does not extend to disallowance by Parliament and is not subject to automatic sunsetting after ten years, reflecting its ongoing relevance to the management and delivery of services within the Human Services portfolio.
Key Provisions
The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Management Services) Direction 2010 (the Direction) establishes additional functions for the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency, commonly known as Centrelink. Specifically, section 1 of the Direction grants the Centrelink CEO the authority to assist the Secretary of the Department, which includes providing management services. This is an additional function to those already conferred directly by the Commonwealth Services Delivery Agency Act 1997 (the Act). The primary purpose of this direction is to enhance the coordination and delivery of services between Centrelink and other agencies within the Human Services portfolio, particularly in relation to CRS Australia, a business unit of the Department.
Under the Direction, the Centrelink CEO is required to provide assistance to the Secretary in managing certain elements of the Department, with a particular emphasis on CRS Australia. This involves collaborating closely with the Department to ensure efficient and effective service delivery. The Direction does not detail the specific tasks or methods by which the CEO should provide this assistance, leaving it to the discretion of the CEO to determine the most appropriate approach in line with the objectives of the Direction. The assistance provided must align with the broader goals of the Service Delivery Reform initiatives, which aim to increase the connections between portfolio agencies.
The Direction imposes obligations on both the Centrelink CEO and the Secretary of the Department. The CEO is required to offer the necessary support and management services as outlined, while the Secretary is expected to coordinate and work collaboratively with the CEO to achieve the intended outcomes. Both parties must ensure that their activities under the Direction are in line with the overarching objectives of the Human Services portfolio and the Service Delivery Reform initiatives.
Breach of the Direction could lead to significant consequences, although specific penalties are not detailed in the Direction itself. The Act provides that the Direction is not subject to disallowance by Parliament and does not have an automatic sunset clause, indicating a high level of importance and permanence for the functions conferred. However, any failure to comply with the terms of the Direction could result in administrative or legal repercussions, as the Direction is intended to support critical functions within the Human Services portfolio. The exact nature and severity of any penalties would depend on the context and the specific nature of the breach, potentially involving internal administrative actions or higher-level oversight and intervention.