Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2009

Overview

The Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2009 was introduced to address the urgent need for case management and customer identity services for individuals affected by emergencies. Enacted under Section 8(1)(c) of the Commonwealth Services Delivery Agency Act 1997, this Direction empowers the Chief Executive Officer to provide critical services to those impacted by emergencies, including coordination of social, health, and support services, as well as assisting individuals in obtaining identity documents. The Direction also allows for these services to be provided under arrangements with State authorities, foreign governments, or non-government organisations. This legislative instrument was necessitated by the immediate needs arising from the Victorian bushfires, although formal consultation was not undertaken due to the urgency of the situation. The policy objective is to ensure swift and effective service delivery to those in crisis.

Scope and Application

The Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2009 applies to the Chief Executive Officer of the Commonwealth Services Delivery Agency and outlines specific functions they are directed to perform in relation to individuals affected by emergencies. The Chief Executive Officer is mandated to provide case management services, which encompass a broad range of social and support services, including social services, health and allied health services, support services, rehabilitation services, education services, accommodation services, advocacy services, and financial advisory services. Additionally, the Chief Executive Officer is directed to provide a customer identity service to individuals affected by an emergency who request this service, which involves assisting individuals to obtain identity documents such as driver’s licences, birth certificates, marriage certificates, and passports. The Direction extends to situations where these services are provided under arrangements with State authorities, governments of foreign countries, or non-government organisations. The Direction does not apply to Parliament or to functions that are not explicitly directed by the Minister under the Act. The geographic and jurisdictional reach of this Direction is not explicitly limited in the explanatory statement, implying it could apply nationally or in specific emergencies as directed by the Minister. The Direction is not subject to disallowance or automatic sunsetting, as it is not considered a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2009 (the Direction) primarily serves to outline specific functions assigned to the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency (CSDA) in response to emergencies. Under Section 4(a), the CEO is directed to provide case management services to individuals who have been affected by an emergency. This encompasses a broad range of services including social services, health and allied health services, support services, rehabilitation services, education services, accommodation services, advocacy services, and financial advisory services. Section 5(a) further directs the CEO to provide a customer identity service, which involves assisting an individual to obtain an identity document or obtaining an identity document on their behalf, to individuals who request this service and have been affected by an emergency. The Direction allows for these services to be performed under arrangements with State authorities, foreign governments, or non-government organisations, as outlined in Sections 4(b) and 5(b). The Direction imposes several obligations on the CEO. It mandates that the CEO provide the aforementioned case management and customer identity services to affected individuals as directed by the Minister. Moreover, the CEO is required to ensure that these services are delivered efficiently and effectively, potentially through collaborations with various authorities and organisations as permitted under the Direction. The obligations are clear and direct, with a focus on timely and appropriate support to those impacted by emergencies. There are no specific offences, penalties, or civil/criminal consequences outlined in the Direction itself for non-compliance with its provisions. However, the nature of the Direction implies that failure to fulfil the mandated services could have significant implications, particularly in the context of an emergency where timely and effective response is critical. The Direction's legal standing as a legislative instrument, which is not subject to disallowance or sunsetting, underscores the importance and permanence of these directives. The absence of explicit penalties in the Direction suggests that the focus is on ensuring the provision of essential services rather than punitive measures for non-compliance.