A Bill for an Act to establish an authority to monitor the operations of the Job Network, and for related purposes

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act may be cited as the Job Network Monitoring Authority Act 2000

2 Commencement

(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) A Proclamation for the purposes of subsection (1) must not be made unless the Parliament has appropriated funds for the operation of the Authority.

3 Object

The object of this Act is to establish an authority, by the name of the Job Network Monitoring Authority, to monitor the operations of the Job Network.

4 Definitions

In this Act, unless the contrary intention appears:

Authority means the Job Network Monitoring Authority.

Commonwealth authority mean;

(a) a Department of State; or

(b) a body, other than the Authority, established for a public purpose by or under a law of the Commonwealth.

DEWRSB means the Department of Employment, Workplace Relations and Small Business.

employee means a member of the Authority’s staff referred to in subsection 19(1).

Intensive Assistance means the Job Network service tailored to provide individual help to job seekers who are long-term unemployed or are assessed as being at high risk of becoming long-term unemployed to obtain sustainable employment.

Job Matching means the Job Network labour exchange service in which providers:

(a) canvass employers for jobs;

(b) match and refer suitable eligible job seekers to jobs; and

(c) confirm with employers that the placement has met the maximum requirements for a Job Matching outcome.

Job Network means the national network of private, community and government organisations funded by DEWRSB that specialise in finding jobs for unemployed people, particularly those who are long-term unemployed.

Job Network member means an organisation contracted by DEWRSB to provide Job Network services.

Job Search Training means the Job Network service providing training in job search techniques to prepare unemployed people so they may seek and obtain employment.

principal officer means:

(a) a Department of State—the person who is the Secretary of the Department for the purposes of the Public Service Act 1999; or

(b) for any other Commonwealth authority—the person identified by the regulations as the principal officer of the authority

Part 2 —The Authority

Division 1—Establishment, functions and powers

5 Establishment

There is established by this section an authority called the Job Network Monitoring Authority.

6 The Authority’s functions and powers

(1) Subject to this Act, the Authority’s functions are:

(a) to monitor and evaluate the operations of the Job Network, in particular:

(i) the effectiveness of the Job Network Job Matching, Job Search Training, Intensive Assistance and other services in helping unemployed people gain access to jobs;

(ii) the effectiveness of DEWRSB in monitoring Job Network members for

(A) contractual compliance;

(B) performance;

(C) quality of service delivery; and

(D) equity of service delivery;

(iii) any other matter with respect to the operations of the Job Network;

(b) to advise on the operations of the Job Network;

(c) to compile data on complaints made to DEWRSB by job seekers, employers, Job Network members and interested parties with respect to the operations of the Job Network;

(d) to act as an independent complaints mechanism in cases where parties are not satisfied with a decision on complaints made by DEWRSB;

(e) to advertise the complaints mechanisms available for the Job Network;

(f) to report to the Federal Parliament on the above activities; and

(g) to make recommendations to the Minister as well as to the Parliament concerning the Job Network, where appropriate.

(2) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(3) Nothing in this Act shall be taken to give the Authority the jurisdiction to manage Jobs Network contracts.

7 Ministerial directions to the Authority

(1) The Minister may, by written notice given to the Chief Executive Officer, give directions to the Authority about the performance of its functions, including the publication of any reports as may be deemed necessary.

(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 Authority for that year.

(3) The Authority must comply with a direction given under this section.

8 Minister may ask for information

(1) The Minister may ask the Authority for information about the operation of the Job Network.

(2) The Authority must, within a reasonable time, give the Minister the requested information.

(3) The Authority must ensure that any information given to the Minister under this section is accurate.

Division 2—The Chief Executive Officer

9 Appointment

(1) There is to be a Chief Executive Officer of the Authority.

(2) The Chief Executive Officer is to be appointed by the Governor-General by written instrument.

(3) The Chief Executive Officer is to be appointed on a full-time basis.

10 Term of appointment

The Chief Executive Officer holds office for such period as is specified in the instrument of appointment. The period must not exceed 5 years.

11 Remuneration and allowances

(1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal.

(2) If no determination of that remuneration is in operation, the Chief Executive Officer is to be paid such remuneration as is prescribed.

(3) The Chief Executive Officer is to be paid such allowances as are prescribed.

(4) This section has effect subject to the Remuneration Tribunal Act 1973.

12 Disclosure of Interests

The Chief Executive Officer must give written notice to the Minister of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business, or in any body corporate carrying on any business.

13 Acting Chief Executive Officer

(1) The Minister may appoint a person to act as Chief Executive Officer:

(a) during the vacancy in the office of the 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 reason, unable to perform the duties of the office.

(2) Anything done by or in relation to a person purporting to act 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 connection with the appointment; or

(c) the appointment had ceased to have effect; or

(d) the occasion to act had not arisen or had ceased.

14 Duties

Subject to this Act and any other Act, the Chief Executive Officer is responsible for the day to day administration of the authority and the control of its operations.

15 Delegation by Chief Executive Officer

The Chief Executive Officer may, in writing, delegate to an employee all or any of the functions or powers of the Chief Executive Officer.

16 Resignation

The Chief Executive Officer may resign by writing signed by him or her and sent to the Governor-General.

17 Termination of appointment

(1) The Governor-General may terminate the appointment of the Chief Executive Officer because of misbehaviour or physical or mental incapacity.

(2) If the Chief Executive Officer:

(a) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(b) becomes bankrupt; or

(c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(d) compounds with his or her creditors; or

(e) makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(f) fails, without reasonable excuse, to comply with section 12 (which deals with disclosure of interests); or

(g) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office;

the Governor-General must terminate the appointment of the Chief Executive Officer.

(3) The Governor-General may terminate the appointment of the Chief Executive Officer if the Minister is of the opinion that the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time.

18 Other terms and conditions

The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister in writing.

Division 3 — Staff

19 Staff

(1) Subject to this Division, the Agency’s staff are to be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

(b) the Chief Executive Officer is the Head of that Statutory Agency.

20 Services of certain employees to be made available to Authority

The Chief Executive Officer may arrange with the principal officer of a Commonwealth authority for the services of employees of the authority to be made available to the Authority.

21 Consultants

(1) The Chief Executive Officer may engage an organisation or an individual to undertake work as required where that organisation or individual has suitable qualifications and experience.

(2) The terms and conditions of engagement are to be determined by the Chief Executive Officer.

Part 3 — Miscellaneous

22 Annual Report

The annual report on the Authority under Section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

(a) particulars of any directions given by the Minister under Section 7 during the financial year; and

(b) such additional information (if any) as is specified in the regulations.

23 Audit

(1) At least once a year, the Auditor-General must:

(a) inspect and audit:

(i) the accounts and records of the financial transactions of the Authority; and

(ii) the records relating to assets of the Authority; and

(b) report to the Minister the results of the inspection and audit.

(2) The Auditor-General may, however, decide to dispense with all or any part of the detailed inspection and audit of the accounts and records.

(3) The Auditor-General must as soon as practicable, report to the Minister any irregularity disclosed by the inspection and audit that the Auditor-General thinks is sufficiently important to be reported.

Note: For the information gathering powers of the Auditor General, see Part 5 of the Auditor-General Act 1997.

24 Regulations

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.