Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

EMPLOYMENT SERVICES REGULATIONS 1994 NO. 445

STATUTORY RULES 1994 No. 445

Employment Services Act 1994

Employment Services Regulations

Section 184 of the Employment Services Act 1994 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act establishes the Employment Services Regulatory Authority (ESRA) as an independent statutory authority responsible for regulating the case management system. ESRA will be responsible for promoting competition in the provision of case management services, monitoring and evaluating the operation of the case management system and reporting to the Minister on that operation. ESRA will also accredit and engage contracted case managers.

Section 76 of the Act provides for the appointment of ESRA Board members. Section 93 of the Act provides for the appointment of the ESRA Chief Executive Officer.

Sections 79 and 96, respectively, provide for the remuneration and allowances to be paid ESRA Board members and the ESRA Chief Executive Officer. Remuneration rates are to be determined by the Remuneration Tribunal. The regulations provide for the allowances to be paid to the ESRA Board members and the ESRA Chief Executive Officer in addition to their remuneration. The allowances to be paid are to be equivalent to those applicable to the office of Secretary in the Australian Public Service.

Details of the regulations are below.

Regulation 1: Citation

The regulations are to be cited as the Employment Services Regulations.

Regulation 2: Commencement

The regulations commence on Royal Assent.

Regulation 3: Interpretation

A reference in the regulations to "the Act" is taken to be a reference to the Employment Services Act 1994, unless the contrary intention appears.

Regulation 4: Allowances payable to ESRA Board members

Subsection 79(3) of the Employment Services Act 1994 provides that ESRA Board members are to be paid such allowances as are prescribed. Regulation 4 authorises payment of allowances to ESRA Board members equivalent to those payable to a holder of the office of Secretary in the Australian Public Service.

Regulation 5: Allowances payable to the Chief Executive Officer

Subsection 96(3) of the Employment Services Act 1994 provides that the ESRA Chief Executive Officer is to be paid such allowances as are prescribed. This regulation authorises payment of allowances to the Chief Executive Officer (CEO). The CEO is to be paid allowances equivalent to those payable to a holder of the office of Secretary in the Australian Public Service.