COMMONWEALTH SERVICES DELIVERY AGENCY ACT 1997

This compilation was prepared on 1 October 2005
taking into account amendments up to Act No. 111 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary 1

1............ Short title see Note 1] ....................................................................... 1

2............ Commencement .................................................................................. 1

2A......... Application of the Criminal Code ...................................................... 1

3............ Definitions .......................................................................................... 1

4............ Act binds the Crown .......................................................................... 2

5............ External Territories ............................................................................. 2

Part 2—Establishment of Agency 3

6............ Establishment of Agency .................................................................... 3

6A......... Function of Agency ............................................................................ 3

Part 3—The Chief Executive Officer 4

Division 1—Powers and functions of Chief Executive Officer 4

7............ Service arrangements ........................................................................... 4

8............ Functions of Chief Executive Officer ................................................. 5

8A......... Agreements about exercise and performance of Chief Executive Officer’s powers and functions 5

9............ Ministerial directions about exercise and performance of Chief Executive Officer’s powers and function 5

10.......... Minister may request information ...................................................... 6

11.......... Management of Agency ...................................................................... 6

12.......... Delegation ........................................................................................... 7

Division 2—Appointment etc. of Chief Executive Officer 8

29.......... Appointment ...................................................................................... 8

30.......... Remuneration ...................................................................................... 8

30A....... Leave of absence ................................................................................. 8

30B....... Other terms and conditions ................................................................ 8

30C....... Termination of appointment .............................................................. 9

31.......... Acting Chief Executive Officer ........................................................... 9

34.......... Resignation ....................................................................................... 10

Part 4—Staff of the Agency 11

35.......... Staff .................................................................................................. 11

37.......... Consultants ....................................................................................... 11

Part 5—Miscellaneous 12

38.......... Use of protected names and symbols ............................................... 12

39.......... Chief Executive Officer may charge for services .............................. 13

40.......... Chief Executive Officer’s annual report ........................................... 13

41.......... Regulations ....................................................................................... 14

Notes 15

Notes to the Commonwealth Services Delivery Agency Act 1997

Note 1

The Commonwealth Services Delivery Agency Act 1997 as shown in this compilation comprises Act No. 31, 1997 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Commonwealth Services Delivery Agency Act 1997	31, 1997	17 Apr 1997	1 July 1997
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 325–327): 5 Dec 1999 (see Gazette 1999, No. S584) (a)	—
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001	137, 2001	1 Oct 2001	2 Oct 2001	S. 4
Family and Community Services Legislation Amendment Act 2003	30, 2003	15 Apr 2003	15 Apr 2003	—
Designs (Consequential Amendments) Act 2003	148, 2003	17 Dec 2003	Schedules 1 and 2: (b) Remainder: Royal Assent	—
Human Services Legislation Amendment Act 2005	111, 2005	6 Sept 2005	Schedule 1 (items 1–43, 62–71): 1 Oct 2005 (see F2005L02671)	Sch. 1 (items 62–71)

Commencement information
2. Schedules 1 and 2	Immediately after the commencement of section 4 of the Designs Act 2003.	17 June 2004

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 2A...................................	ad. No. 137, 2001
S. 3......................................	am. No. 146, 1999; No. 30, 2003; No. 111, 2005
Part 2
Heading to Part 2.................	rs. No. 111, 2005
S. 6......................................	am. No. 111, 2005
S. 6A...................................	ad. No. 111, 2005
Part 3
Heading to Part 3.................	ad. No. 111, 2005
Division 1
Heading to Div. 1 of Part 3...	ad. No. 111, 2005
S. 7......................................	am. No. 111, 2005
Heading to s. 8....................	rs. No. 111, 2005
S. 8......................................	am. No. 111, 2005
S. 8A...................................	ad. No. 111, 2005
Heading to s. 9....................	am. No. 111, 2005
S. 9......................................	am. No. 111, 2005
S. 10....................................	rs. No. 111, 2005
Part 3...................................	rep. No. 111, 2005
Ss. 11, 12............................	rs. No. 111, 2005
Ss. 13–28............................	rep. No. 111, 2005
Division 2
Heading to Div. 2 of Part 3...	ad. No. 111, 2005
S. 29....................................	am. No. 111, 2005
S. 30....................................	rs. No. 111, 2005
Ss. 30A–30C.......................	ad. No. 111, 2005
S. 31....................................	am. No. 111, 2005
Ss. 32, 33............................	rep. No. 111, 2005
S. 34....................................	am. No. 111, 2005
Part 4
Heading to Part 4.................	rs. No. 111, 2005
Heading to Div. 1 of Part 4...	rep. No. 111, 2005
Heading to Div. 2 of Part 4...	rep. No. 111, 2005
S. 35....................................	am. No. 146, 1999; No. 111, 2005
S. 36....................................	rep. No. 111, 2005
Part 5
S. 38....................................	am. No. 137, 2001; No. 148, 2003; No. 111, 2005
S. 39....................................	rs. No. 111, 2005
Heading to s. 40..................	rs. No. 111, 2005
S. 40....................................	am. No. 111, 2005

Table A

Application, saving or transitional provisions

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Human Services Legislation Amendment Act 2005 (No. 111, 2005)

Schedule 1

62 Definitions

(1) In this Part:

amend includes repeal and remake.

Board means the Board within the meaning of the old law.

Centrelink means the Commonwealth Services Delivery Agency.

CEO means the Chief Executive Officer of Centrelink.

Chairman means the Chairman of the Board.

commencement time means the time when this Part commences.

instrument:

(a) includes:

(i) a contract, deed, undertaking or agreement; and

(ii) a notice, authority, order or instruction; and

(iii) an instrument made under an Act or regulations; but

(b) does not include an Act or regulations.

new law means the Commonwealth Services Delivery Agency Act 1997 as in force after the commencement time.

old law means the Commonwealth Services Delivery Agency Act 1997 as in force before the commencement time.

(2) In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.

63 CEO to continue

The person who was the CEO immediately before the commencement time continues to be the CEO immediately after the commencement time and holds office as if:

(a) his or her appointment by the Board under section 29 of the old law (the first appointment) were terminated immediately before the commencement time; and

(b) he or she were appointed for the remainder of the term of his or her first appointment by the Minister under Division 2 of Part 3 of the new law immediately after the commencement time.

64 Operation of laws—things done by, or in relation to, Centrelink

(1) If, before the commencement time, a thing was done by, or in relation to, Centrelink, the Board or the Chairman, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

(3) The Minister may, by writing, determine that subitem (1):

(a) does not apply in relation to a specified thing done by, or in relation to, Centrelink, the Board or the Chairman; or

(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.

A determination under this subitem has effect accordingly.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Centrelink.

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

(6) A determination made under subitem (3) is not a legislative instrument.

65 References in instruments

(1) If:

(a) an instrument is in force immediately before the commencement time; and

(b) the instrument contains a reference to Centrelink (however described), the Board or the Chairman;

the instrument has effect from the commencement time as if the reference to Centrelink, the Board or the Chairman were a reference to the CEO.

(2) The Minister may, by writing, determine that subitem (1):

(a) does not apply in relation to a specified reference; or

(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.

A determination under this subitem has effect accordingly.

(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or Centrelink.

(4) A determination made under subitem (2) is not a legislative instrument.

66 Transfer of records

At the commencement time, the records and documents of Centrelink become the records and documents of the CEO.

67 Financial statements and other reporting requirements

Financial statements

(1) If:

(a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide financial statements for a period; and

(b) the period ends after the commencement time;

the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.

Other reporting requirements

(2) If:

(a) immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide a report (other than financial statements) for a period; and

(b) the period ends after the commencement time;

the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.

(3) If:

(a) under subitem (2), the CEO is required to provide a report for a part of a period; and

(b) the CEO is also required to provide a similar report for the remainder of the period;

the CEO may meet the requirements in a single report for the period.

Outstanding reporting requirements

(4) If:

(a) a law required Centrelink, the Board or the Chairman to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

(b) the report has not been provided by the commencement time;

the CEO must provide the report as required.

68 Substitution of parties to proceedings

If, immediately before the commencement time, any proceedings to which Centrelink, the Board or the Chairman was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for Centrelink, the Board or the Chairman as a party to the proceedings.

69 Constitutional safety net—acquisition of property

(1) If:

(a) a provision of this Schedule would result in an acquisition of property; and

(b) the provision would not be valid, apart from this item, because a particular person has not been compensated;

the Commonwealth must pay that person:

(d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

(2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3) In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

70 Delegation by Minister

(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the Department; or

(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.

(3) A power delegated to the CEO under subitem (1) must not be sub‑delegated under subsection 12(3) of the new law.

71 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
2. Schedules 1 and 2	Immediately after the commencement of section 4 of the Designs Act 2003.	17 June 2004

Commonwealth Consolidated Acts

COMMONWEALTH SERVICES DELIVERY AGENCY ACT 1997 - NOTES