Commonwealth Services Delivery Agency (Functions of the Chief Executive Officer) Direction 2011 (No. 1)

Overview

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2011 (No. 1) was enacted in response to the urgent need to provide emergency services and assistance to individuals affected by natural disasters, specifically the January 2011 floods in Australia. This legislative instrument was issued under the authority of the Minister for Human Services and operates under the Commonwealth Services Delivery Agency Act 1997. The primary objective of this Direction was to enable the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency, also known as Centrelink, to provide emergency services such as payments, benefits, and information to those impacted by the disaster, as well as to coordinate with state authorities in delivering these services. The Direction authorizes but does not mandate the CEO to provide these emergency services, ensuring flexibility in addressing the immediate needs arising from the emergency situation. The policy objective was to facilitate a prompt and effective response to the crisis, underscoring the importance of rapid service delivery in emergency contexts.

Scope and Application

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2011 (No. 1) applies to the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency, which operates under the Commonwealth Services Delivery Agency Act 1997. This Direction, issued by the Minister for Human Services, primarily concerns the provision of emergency services and information to individuals and entities affected by emergencies, as well as services and information to State Authorities. The scope of the Act includes individuals directly or indirectly impacted by emergencies, along with family members of those affected, and State Authorities which may require services and information from the CEO to assist in the delivery of aid and support. The geographic reach of this Direction is national, with the Commonwealth Services Delivery Agency providing services across Australia. Notably, this Direction neither mandates the CEO to provide services to all affected individuals nor requires the provision of all possible services to State Authorities, but rather it authorises the CEO to offer these services as needed. The Direction is not subject to disallowance by Parliament or automatic sunsetting after 10 years in force, as specified in the Legislative Instruments Act 2003.

Key Provisions

The Commonwealth Services Delivery Agency (Functions of Chief Executive Officer) Direction 2011 (No. 1) outlines key directives for the Chief Executive Officer (CEO) of the Commonwealth Services Delivery Agency, also known as Centrelink. Section 4(1) defines "affected by an emergency" to include individuals directly or indirectly affected by an emergency, or those reasonably considered to be at risk of being affected. This includes family members of those directly affected. Section 5 directs the CEO to provide Emergency Services, which encompass payments, benefits, and information to those affected by an emergency. However, this direction authorises but does not mandate the CEO to provide these services to all affected persons. Section 6 directs the CEO to provide services and disclose information to State Authorities, facilitating collaboration in emergency responses. This includes making Centrelink employees available to assist State Authorities and providing ancillary services such as compliance services under certain circumstances. Notably, Section 6(b) clarifies that the information disclosed may include personal information as defined in the Privacy Act 1988. While this direction authorises the CEO to offer these services and information, it does not obligate the CEO to do so universally. The obligations imposed on the CEO by this Direction are significant but not exhaustive. The CEO is authorised to provide Emergency Services to individuals affected by emergencies and to offer services and information to State Authorities to aid in disaster response efforts. These obligations are designed to enhance the effectiveness and coordination of emergency services but do not impose a blanket requirement to assist every affected individual or State Authority. The Direction does not explicitly outline offences, penalties, or consequences for non-compliance. However, given that it is a legislative instrument under the Commonwealth Services Delivery Agency Act 1997, any failure to comply with the directions could potentially be subject to the general provisions of the Act or other relevant legislation. While specific penalties are not detailed in the Direction itself, breaches of such legislative instruments could result in legal action or administrative consequences as prescribed by the overarching Act.