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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Commonwealth Services
Delivery Agency Bill 1996
No. ,
1996
(Social
Security)
A Bill for an Act to establish an
agency for the provision of certain Commonwealth services, and for related
purposes
9618420—3,475/28.11.1996—(184/96) Cat.
No. 96 5567 0 ISBN 0644 483172
Contents
A Bill for an Act to establish an agency for the
provision of certain Commonwealth services, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Commonwealth Services Delivery Agency Act
1996.
This Act commences on 1 July 1997.
In this Act, unless the contrary intention appears:
Agency means the body called the Commonwealth Services
Delivery Agency established by this Act.
appointed member means a member of the Board appointed by the
Minister under section 16, except a member who is the principal officer of a
Commonwealth authority.
benefit includes:
(a) a pension, allowance, concession or payment; and
(b) a card entitling its holder to a concession or a payment of any
kind.
Board means the Board of Management of the Agency.
Chairman means the Chairman of the Board.
Commonwealth authority means:
(a) a Department of State; or
(b) a body, other than the Agency, established for a public purpose by or
under a law of the Commonwealth.
Commonwealth service means a service, benefit, program or
facility for some or all members of the public that is provided for by the
Commonwealth, whether under an enactment or otherwise.
employee means a member of the Agency’s staff referred
to in subsection 35(1) or employed under subsection 35(3).
enactment means:
(a) an Act; or
(b) an instrument (including rules, regulations and by-laws) made under an
Act.
member means a member of the Board, and includes the
Chairman.
principal officer means:
(a) for a Department of State—the person who is the Secretary of the
Department for the purposes of the Public Service Act 1922; or
(b) for any other Commonwealth authority—the person identified by
the regulations as the principal officer of the authority.
service arrangements means arrangements entered into under
section 7.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an
offence.
This Act extends to the Territory of Cocos (Keeling) Islands and to the
Territory of Christmas Island.
(1) A body called the Commonwealth Services Delivery Agency is established
by this subsection.
(2) The Agency comprises:
(a) the Board; and
(b) the Chief Executive Officer; and
(c) the employees.
(1) The Chief Executive Officer may enter into arrangements with the
principal officer of a Commonwealth authority for the provision of the
Commonwealth services specified in the arrangements, subject to the conditions
specified in the arrangements.
(2) Arrangements for the provision of Commonwealth services may include
arrangements for doing anything incidental, conducive or related to the
provision of the services, including, for example:
(a) making the Chief Executive Officer or specified employees, or
employees in specified classes of employees, available to exercise powers or
perform functions delegated to them under specified enactments; and
(b) determining a person’s eligibility for, or entitlement to
receive or have access to, the services.
(1) The Agency has the following functions:
(a) the provision of Commonwealth services in accordance with service
arrangements, and doing anything included in the arrangements that is
incidental, conducive or related to the provision of the services;
(b) any functions conferred on the Agency under any other Act;
(c) any functions that the Minister, by written notice given to the
Chairman, directs the Agency to perform;
(d) doing anything incidental, conducive or related to the performance of
any of its other functions.
(2) A direction under paragraph (1)(c) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The Minister may, by written notice given to the Chairman, give
directions to the Board about the performance of the Agency’s
functions.
(2) Particulars of any directions given by the Minister under this section
in a financial year must be included in the annual report for the Agency for
that year.
(3) The Board must ensure that a direction given under this section is
complied with.
(1) The Minister must, before giving a direction under paragraph 8(1)(c)
or section 9, by written notice given to the Chairman, ask the Board for its
written advice or comments on the impact of the proposed direction on the
Agency’s operations.
(2) The Minister must, in giving a direction, have regard to any advice or
comments given under this section in relation to the direction.
(3) If the Minister gives a direction, particulars of any advice or
comments given under this section in relation to the direction must be included
in the annual report for the Agency for the financial year in which the
direction was given.
There is to be a Board of Management of the Agency.
(1) Subject to this Act and any other Act, the Board’s functions
are:
(a) to decide the Agency’s goals, priorities, policies and
strategies; and
(b) to ensure that the Agency’s functions are properly, efficiently
and effectively performed.
(2) The Board has power to do all things necessary or convenient to be
done for or in connection with the performance of its functions.
(1) The Minister may, by written notice given to the Chairman, give
directions to the Board about the performance of its functions, the exercise of
its powers or the conduct of its meetings, or in relation to the terms and
conditions of appointment of the Chief Executive Officer.
(2) Particulars of any directions given by the Minister under this section
in a financial year must be included in the annual report for the Agency for
that year.
(3) The Board must comply with a direction given under this
section.
(1) The Minister may, by written notice given to the Chairman, notify the
Board of general policies of the Commonwealth Government that are to apply in
relation to the Agency, the Board or the employees.
(2) The Board must ensure that the policies are carried out.
(1) The Minister may ask the Board for information about the operation of
the Agency.
(2) The Board must, within a reasonable time, give the Minister the
requested information.
(3) The Board must ensure that any information given to the Minister under
this section is accurate.
(1) The Board consists of:
(a) a Chairman; and
(b) the Chief Executive Officer; and
(c) at least 4 other members.
(2) At least 2 of the members mentioned in paragraph (1)(c) must be
persons who are not principal officers of Commonwealth authorities.
(3) The members, except the Chief Executive Officer, are to be appointed
by the Minister.
(4) The appointments are to be made on a part-time basis.
(1) The Minister may appoint a member, other than the Chief Executive
Officer, to act as the Chairman:
(a) during a vacancy in the office of Chairman, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia, or is, for any other reason, unable to perform the
functions of the office.
(2) Anything done by a person purporting to act under an appointment under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in or in connection with the
appointment; or
(c) the appointment had stopped having effect; or
(d) the occasion for the person to act had not arisen or had
stopped.
(1) The Board may, by resolution, delegate all or any of its functions or
powers to a member or to an employee.
(2) The delegate must, in exercising a delegated power, comply with any
directions of the Board.
(3) A delegation under this section:
(a) may be revoked by resolution of the Board (whether or not constituted
by the people who constituted it when the power was delegated); and
(b) continues in force in spite of a change in the membership of the
Board.
The Chairman may, in writing, delegate to the Chief Executive Officer or
an employee all or any of the functions or powers of the Chairman.
(1) The Board must hold such meetings as are necessary for the efficient
performance of its functions.
(2) The Chairman:
(a) may convene a meeting at any time; and
(b) must convene a meeting on receipt of a written request signed by at
least 2 other members.
(3) The Minister may convene a meeting at any time.
(4) The Chairman must, if present at a meeting, preside at it.
(5) If the Chairman is not present at a meeting, the members present at
the meeting must elect one of them to preside.
(6) A member is not entitled to vote at a meeting if the member:
(a) is the principal officer of a Commonwealth authority; and
(b) has entered into service arrangements that are in force.
(7) At a meeting, a quorum consists of a majority of the members who are
entitled to vote.
(8) Questions arising at a meeting are to be determined by a majority of
the votes of the members present and voting.
(1) A member who has a direct or indirect pecuniary interest in a matter
that is being considered, or is about to be considered, by the Board must
disclose the nature of the interest at a meeting of the Board.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the member’s knowledge, and must be recorded in the
minutes of the meeting.
(3) Unless the Board or the Minister otherwise determines, the
member:
(a) must not be present during any deliberation by the Board on the
matter; and
(b) must not take part in any decision of the Board on the
matter.
(4) For the purposes of any determination being made under subsection (3),
a member who has a direct or indirect pecuniary interest in the matter to which
the disclosure relates:
(a) must not be present during any deliberation by the Board on whether to
make the determination; and
(b) must not take part in making the determination.
Subject to this Part, the Board may regulate proceedings at its meetings
as it thinks appropriate.
(1) Subject to this Division, an appointed member holds office for the
period (not longer than 3 years) specified in the instrument of appointment, but
is eligible for re-appointment.
(2) A member who is the principal officer of a Commonwealth authority
holds office during the Minister’s pleasure.
(1) An appointed member is to be paid the remuneration determined by the
Remuneration Tribunal. However, if no such determination is in operation, an
appointed member is to be paid the remuneration prescribed by the
regulations.
(2) An appointed member is to be paid the allowances prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
An appointed member must not engage in any paid employment that, in the
Minister’s opinion, conflicts with the proper performance of the
member’s duties.
An appointed member may resign from the Board by giving the Minister a
written resignation.
An appointed member holds office on such terms and conditions (if any) in
relation to matters not provided for by this Act as the Minister determines in
writing.
(1) The Minister may terminate the appointment of an appointed member for
misbehaviour or physical or mental incapacity.
(2) If an appointed member:
(a) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with his or her creditors, or makes
an assignment of his or her remuneration for their benefit; or
(b) without reasonable excuse, contravenes section 21; or
(c) is absent, without reasonable excuse, from 3 consecutive meetings of
the Board; or
(d) has, in the Minister’s opinion, performed his or her functions
as a member unsatisfactorily for a significant period;
the Minister must terminate the member’s appointment.
(3) If a member who is the principal officer of a Commonwealth authority
stops being the principal officer of the authority, he or she stops being a
member.
(1) There is to be a Chief Executive Officer of the Agency.
(2) The Chief Executive Officer is to be appointed by the Board in writing
after consultation between the Chairman and the Minister.
(3) The Chief Executive Officer is to be appointed on a full-time
basis.
(1) The Chief Executive Officer holds office on terms and conditions,
including remuneration and allowances, determined by the Board in
writing.
(2) The Chief Executive Officer:
(a) must not be present during any deliberation by the Board on the
remuneration and allowances payable to the Chief Executive Officer;
and
(b) must not take part in any decision of the Board on the
matter.
(3) The Board may at any time terminate the appointment of the Chief
Executive Officer.
(1) The Board may appoint a person to act as the Chief Executive
Officer:
(a) during a vacancy in the office of Chief Executive Officer, whether or
not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chief Executive
Officer is absent from duty or from Australia, or is, for any other reason,
unable to perform the functions of the office.
(2) Anything done by a person purporting to act under an appointment under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in or in connection with the
appointment; or
(c) the appointment had stopped having effect; or
(d) the occasion for the person to act had not arisen or had
stopped.
Subject to this Act and any other Act, the Chief Executive Officer is,
under the Board, responsible for the day-to-day administration of the Agency and
the control of its operations.
The Chief Executive Officer may, in writing, delegate to an employee all
or any of the functions or powers of the Chief Executive Officer (including
functions or powers delegated to the Chief Executive Officer in accordance with
service arrangements).
The Chief Executive Officer may resign by giving the Chairman a written
resignation.
(1) Subject to this Division, the Agency’s staff are to be persons
appointed or employed under the Public Service Act 1922.
(2) The Chief Executive Officer has all the powers of, or exercisable by,
a Secretary under the Public Service Act 1922 so far as those powers
relate to the branch of the Australian Public Service comprising the employees
referred to in subsection (1), as if that branch were a separate Department of
the Australian Public Service.
(3) In addition to the staff referred to in subsection (1), the Chief
Executive Officer may employ persons on terms and conditions determined by the
Board in writing.
The Chief Executive Officer may arrange with the principal officer of a
Commonwealth authority for the services of officers or employees of the
authority to be made available to the Agency.
(1) The Chief Executive Officer may engage as consultants persons having
suitable qualifications and experience.
(2) The terms and conditions of engagement are to be determined by the
Chief Executive Officer.
(1) A person must not, without the Chairman’s written
consent:
(a) use in relation to a business, trade, profession or occupation;
or
(b) use as the name, or as part of the name, of any firm, body corporate,
institution, premises, vehicle, ship, aircraft or other craft; or
(c) apply, as a trade mark or otherwise, to goods imported, manufactured,
produced, sold, offered for sale or let for hire; or
(d) use in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of the supply or use of goods or
services:
either:
(e) a protected name, or a name so closely resembling a protected name as
to be likely to be mistaken for it; or
(f) the protected symbol, or a symbol so closely resembling the protected
symbol as to be likely to be mistaken for it.
Penalty: 30 penalty units.
(2) Subsection (1), so far as it applies in relation to a particular
protected name or the protected symbol, does not affect rights conferred by law
on a person in relation to:
(a) a trade mark that is a registered trade mark for the purposes of the
Trade Marks Act 1995; or
(b) a design registered under the Designs Act 1906;
that was so registered at the protection time in relation to the name or
symbol.
(3) This section, so far as it applies in relation to a particular
protected name or the protected symbol, does not affect the use, or rights
conferred by law relating to the use, of a name or symbol (the relevant
name or symbol) by a person in a particular manner if, at the protection
time in relation to the protected name or protected symbol, the
person:
(a) was using the relevant name or symbol in good faith in that manner;
or
(b) would have been entitled to prevent another person from passing off,
by means of the use of the relevant name or symbol or a similar name or symbol,
goods or services as the goods or services of the first-mentioned
person.
(4) In this section:
protected name means any of the following names:
(a) “Commonwealth Services Delivery Agency”;
(b) such other names as are prescribed.
protected symbol means the Agency’s official symbol,
whose design is set out in the regulations.
protection time means:
(a) in relation to the name “Commonwealth Services Delivery
Agency”—the time immediately before the commencement of this Act;
or
(b) in relation to any other name—the time immediately before the
commencement of the regulation prescribing the name; or
(c) in relation to the protected symbol—the time immediately before
the commencement of the regulation setting out the design of the
symbol.
(1) If the Audit Act 1901 is not repealed on or before the
commencing day, that Act applies in relation to the Agency, until it is
repealed, as if:
(a) references to the Secretary were references to the Chairman of the
Board of Management; and
(b) references to a Department were references to the Agency;
and
(c) subsection 2AB(2) of that Act were repealed.
(2) In this section:
commencing day means the day on which this Act
commences.
(1) The Chairman must, as soon as practicable after 30 June in each year,
prepare and give the Minister a report of the operations of the Agency during
the year that ended on that 30 June.
(2) The Minister must cause a copy of each report under subsection (1) to
be laid before each House of the Parliament within 15 sitting days of that House
after the day on which the Minister receives the report.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.