Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 29

When section applies
29.(1) This section applies to a person if the CES has asked the person to
attend or take part in an interview under section 27.

Information to be provided by CES

(2) At or before the interview, the CES must:

   (a)  give the person such information about the case management system as
        ESRA approves in writing; and

   (b)  if the CES considers that the person could reasonably be referred to
        one of a number of case managers-tell the person that he or she may
        nominate a preferred case manager in accordance with subsection (3).

Nomination of preferred case manager

(3) The nomination of a preferred case manager must be:

   (a)  in writing; and

   (b)  given to the CES within 14 days after the date of the interview.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a nomination given under this subsection.

CES to refer person to case manager

(4) The CES must, within 24 days after the date of the interview, decide to
refer the person to a specified case manager. The decision takes effect on the
day on which the decision is made or the day on which the person becomes a
participant in the case management system, whichever is later. However, the
decision does not take effect if the person does not become a participant in
the case management system within 28 days after the decision is made.

Matters to be taken into account by CES

(5) In making a decision under this section to refer the person to a case
manager, the CES must:

   (a)  take into account the following matters:

        (i)    any nomination of a preferred case manager given by the person
               in accordance with subsection (3);

        (ii)   such other matters (if any) as are specified in a written
               determination made by the Minister for the purposes of this
               subsection;

        (iii)  such other matters (if any) as the CES considers appropriate;
               and

   (b)  give the greatest weight to the matter mentioned in subparagraph
        (a)(i).

Disallowable instrument

(6) A determination under subsection (5) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.