EXPLANATORY STATEMENT
Issued by the authority of the Minister for Human Services
Commonwealth Services Delivery Agency Act 1997
Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2009
Background
Section 8(1)(c) of the Commonwealth Services Delivery Agency Act 1997 (the Act) provides that the functions of the Chief Executive Officer include any functions that the Minister directs, in writing, the Chief Executive Officer to perform.
Section 8(2) of the Act provides that a direction under section 8(1)(c) is a legislative instrument, but neither section 42 or Part 6 of the Legislative Instructions Act 2003 apply to the direction. This means the direction is not subject to disallowance by Parliament nor is it subject to automatic sunsetting after 10 years in force.
The Minister has directed the Chief Executive Officer to provide case management services to individuals who have been affected by an emergency. In addition, the Minister has directed the Chief Executive Officer to provide a customer identity service to individuals who have been affected by an emergency and who request this service.
The Chief Executive Officer also has functions in relation to emergencies and disasters under the Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2007.
Details of Direction
Section 1 – Name of Direction
This section provides that the name of the Direction is the “Commonwealth Service Delivery Agency (Functions of the Chief Executive Officer) Direction 2009”.
Section 2 – Commencement
This section provides for the Direction to commence on the day it is registered.
Section 3 – Definitions
This section defines certain terms used in the Direction.
The definition of the expression “case management service” is intended to be read broadly to include the full range of social and support services required by people affected by an emergency.
Section 4 – Direction to perform case management service function
In subsection 4(a), the Minister directs the Chief Executive Officer to provide a case management service to individuals who have been affected by an emergency. The case management service is the service of providing, arranging for the provision of, or coordinating the provision of social services, health and allied health services, support services, rehabilitation services, education services, accommodation services, advocacy services or financial advisory services.
Subsection 4(b) provides that the Chief Executive Officer may perform the case management service function on behalf of a State authority, under an arrangement with a State authority, under an arrangement with the government of a foreign country or under an arrangement with a non-government organisation.
Section 5 - Direction to perform the customer identity function
In subsection 5(a), the Minister directs the Chief Executive Officer to provide a customer identity service to an individual who is affected by an emergency and who requests the Chief Executive Officer to provide the service. The customer identity service is the service of assisting an individual to obtain an identity document, or obtaining an identity document on behalf of a person. An identity document is a government document issued or that could be issued, to an individual that relates to the identity, qualifications, entitlement or status of the individual and includes a driver’s licence, a birth certificate, a marriage certificate and a passport.
Subsection 5(b) provides that the Chief Executive Officer may perform the customer identity service function under an arrangement with a State authority, under an arrangement with the government of a foreign country or under an arrangement with a non-government organisation.
Section 6 – Individuals affected by an emergency
Section 6 provides that an individual is taken to be affected by an emergency if they are directly or indirectly affected by the emergency. For avoidance of doubt, the section also confirms that an individual is affected by an emergency if a member of the individual’s family has been affected by an emergency.
Consultation
Formal consultation has not been undertaken as the Direction was required as a matter of urgency to enable the Chief Executive Officer to commence providing these services to individuals affected by the Victorian bushfires.