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) Direction 2011 (No. 1)
Background
Paragraph 8(1)(c) of the Commonwealth Services Delivery Agency Act 1997 (the Act) provides that the functions of the Chief Executive Officer (CEO) of the Commonwealth Service Delivery Agency (Centrelink) include any functions that the Minister directs, in writing, the CEO to perform.
Subsection 8(2) of the Act provides that a direction under paragraph 8(1)(c) is a legislative instrument, but neither section 42 or Part 6 of the Legislative Instruments Act 2003 apply to the direction. This means the direction is not subject to: (i) disallowance by Parliament; or (ii) automatic sunsetting after 10 years in force.
The Minister directs the CEO to provide Emergency Services (for example, payments and benefits) to persons who have been affected by an emergency. In addition, the Minister directs the CEO to provide services, and disclose information, to State Authorities.
The CEO also has specific 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 Chief Executive Officer) Direction 2011 (No. 1).
Section 2 – Commencement
This section provides that the Direction commences on the day it is registered.
Section 3 – Definitions
This section defines certain terms used in the Direction.
Section 4 — Persons affected by an emergency
Section 4 provides that an individual is taken to be affected by an emergency if they are directly or indirectly affected by the emergency or if the Chief Executive Officer reasonably considers that the person may be so affected. The section also confirms that an individual is taken to be affected by an emergency if a member of the individual’s family has been affected by the emergency.
Section 5 — Direction to provide Emergency Services
In this section, the Minister directs the CEO to provide an Emergency Service to a person affected by an Emergency. The term “Emergency Service” is defined in the Direction and includes making payments and providing benefits and information to persons affected by an emergency.
While the making of this direction will authorise the CEO to provide an Emergency Service to certain people, it does not require the CEO to provide an Emergency Service to all such people.
Section 6 — Direction to provide services to a State Authority
In this section, the Minister directs the CEO under paragraph 8(1)(c) of the Act to provide services and information to a State Authority. The term ‘State Authority’ is defined in section 3 of the Direction.
Information concerning the provision of an Emergency Service may be provided by the CEO to a State Authority if the Emergency Service was provided for, or under an arrangement with, the State Authority.
Information held by the CEO about a person affected by an emergency may also be disclosed to a State Authority to assist the State Authority to provide payments, benefits or other assistance to that person.
The CEO is directed to make Centrelink employees available to assist the State Authority. The CEO is also directed to provide other services that are ancillary to Emergency Services (such as compliance services) to a State Authority in certain circumstances.
Section 6(b) provides that information that may be disclosed under section 6(a) includes personal information within the meaning of the Privacy Act 1988.
While the making of this direction will authorise the CEO to provide certain services and information to a State Authority, it does not require the CEO to provide services or information.
Consultation
Formal consultation has not been undertaken in relation to this instrument as the direction was required as a matter of urgency to enable the CEO to commence providing services to assist people affected by the January 2011 floods.