Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Repeal) Direction 2011

Overview

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Repeal) Direction 2011 was enacted to address the changes in the administrative structure and functions of Centrelink following the passing of the Human Services Legislation Amendment Act 2011. This legislation, enacted by the Commonwealth Parliament, sought to streamline the delivery of government services by abolishing the Centrelink CEO position and replacing it with the Chief Executive Centrelink, a position restricted to Senior Executive Service officers within the Department of Human Services. This restructuring also involved the subsuming of Centrelink's functions into the broader scope of the Department of Human Services. The Direction ensures that any prior Ministerial directions under the repealed provisions cease to have effect, thereby maintaining clarity and continuity in the administration of services. The policy objective of the Direction, as outlined in the explanatory statement, was to eliminate any ambiguity regarding the cessation of certain Ministerial directions upon the commencement of the Human Services Legislation Amendment Act 2011 on 1 July 2011. By repealing the specified Ministerial directions, the Direction effectively ensures that there is no overlap or confusion in the functions and responsibilities of the newly defined Chief Executive Centrelink role. This was achieved without the need for public consultation, given the administrative nature of the changes and their alignment with the broader legislative reforms.

Scope and Application

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Repeal) Direction 2011 applies to the Commonwealth, specifically addressing the functions of the Chief Executive Officer of Centrelink and the related Ministerial Directions. This Direction repeals certain directions previously given to the Centrelink CEO, in light of the Human Services Legislation Amendment Act 2011 which abolished the Centrelink CEO position and replaced it with a Chief Executive Centrelink, a position to which only a Senior Executive Service officer in the Department of Human Services can be appointed. The Act and its amendments subsume Centrelink's functions into the Department of Human Services. The Direction ensures that Ministerial Directions that would otherwise cease to be effective with the commencement of the HSLA Act on 1 July 2011 are explicitly repealed, thus clarifying the cessation of these directions. The Direction itself is not subject to disallowance by Parliament nor to automatic sunsetting after 10 years, as it is exempt under the relevant provisions of the Legislative Instruments Act 2003.

Key Provisions

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer — Repeal) Direction 2011 (the Direction) operates under the authority granted by the Commonwealth Services Delivery Agency Act 1997 (the Act). Section 8(1)(c) of the Act allows the Minister to issue a written direction to the Chief Executive Officer (CEO) of Centrelink to perform specific functions. However, the Human Services Legislation Amendment Act 2011 (HSLA Act) substantially amended the Act, leading to the abolition of the Centrelink CEO position, which has been replaced by the Chief Executive Centrelink, with the stipulation that only a Senior Executive Service (SES) officer in the Department of Human Services can be appointed to this role. The HSLA Act also repealed Centrelink and subsumed its functions into the Department of Human Services. The Direction ensures that the Ministerial Directions cease to be effective as of 1 July 2011, when the HSLA Act takes effect. Specifically, Item 27 in Part 1 of Schedule 2 to the HSLA Act repeals paragraph 8(1)(c) of the Act, thereby removing the Minister's authority to direct the Centrelink CEO to perform functions. Consequently, any Ministerial Directions made under paragraph 8(1)(c) will become ineffective upon the commencement of the HSLA Act. The Direction explicitly repeals these Ministerial Directions to eliminate any ambiguity regarding their status. In addition to these changes, the new section 8 of the Act, as amended by the HSLA Act, grants the Chief Executive Centrelink any functions prescribed by regulations. This change aligns with the broader scope of the Chief Executive Centrelink's functions, particularly the service delivery functions outlined in section 8A of the Centrelink Act. While some of the functions previously performed by the Centrelink CEO are now included in the Commonwealth Services Delivery Agency Regulations 1997, as amended by the Human Services (Centrelink) Regulations 2011, many are not. This is because the Chief Executive Centrelink's role is already broad, and the Department of Human Services has the full powers of the Executive. Regarding compliance and enforcement, the Direction imposes no additional obligations or requirements on the parties it governs, other than the automatic repeal of specified Ministerial Directions. The Direction itself does not create new offences or impose penalties. However, any breach of the repealed Ministerial Directions would be subject to the existing legal framework applicable to such breaches under the Centrelink Act, potentially leading to civil or criminal consequences. The exact penalties would depend on the specific nature and severity of the breach.