Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 38

Persons to whom this section applies
38.(1) This section applies to a person who has been referred to a case
manager under Part 4.3.

Agreement

(2) The person is to have a written agreement with the case manager. The
agreement is to be known as a Case Management Activity Agreement. The
agreement is to be in a form approved by the Employment Secretary.

Requirement to enter into agreement

(3) If the person is not a party to a Case Management Activity Agreement, the
Employment Secretary must require the person to enter into such an agreement.

Replacement agreement

(4) If the person is already a party to a Case Management Activity Agreement,
the Employment Secretary may require the person to enter into another such
agreement instead of the existing one.

Notification of requirement to enter into agreement

(5) If the person is required to enter into a Case Management Activity
Agreement under subsection (3) or (4), the Employment Secretary must give the
person written notice of:

   (a)  the requirement; and

   (b)  the places and times at which the agreement is to be negotiated.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a notice given under this subsection.

Delegation

(6) The Employment Secretary may, by writing, delegate all or any of his or
her powers under subsection (3), (4) or (5) in relation to agreements with a
particular case manager to:

   (a)  if the case manager is an individual-the case manager; or

   (b)  if the case manager is a body corporate-a director or employee of the
        case manager; or

   (c)  if the case manager is a partnership-an individual who is a partner
        in, or an employee of, the case manager; or

   (d)  in any other case-an officer or employee of the case manager.
Note: Section 34AA of the Acts Interpretation Act 1901 (which deals with
delegations to people holding specified offices or positions) applies to
delegations under this subsection.

Delegated power to be treated as a function conferred on a case manager

(7) A reference in this Act or any other law of the Commonwealth to a function
conferred on a case manager under this Act includes a reference to a power
delegated under subsection (6) in relation to the case manager.