Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 33

When section applies
33.(1) This section applies to a person if the CES has asked the person to
attend or take part in an interview under section 30.

Information to be provided by CES

(2) If the CES considers that the person could reasonably be referred to one
of a number of case managers, the CES must, at or before the interview, 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.

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.