Commonwealth Numbered Acts

COMMONWEALTH SERVICES DELIVERY AGENCY (CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 29 of 1997 - SCHEDULE 1

Schedule 1-Amendment of the Social Security Act 1991 1 Section 3 (index)
Insert the following entries in their appropriate alphabetical positions,
determined on a letter-by-letter basis:
  Agency                    23(1)

  Agency Act                23(1)

  CEO                       23(1)

  service arrangements      23(1)
2 Section 3 (index)
Omit:
  employee                  10A(2)
substitute:
  employee                  10A(2) and 23(1)
3 Subsection 23(1)
Insert:
Agency means the Commonwealth Services Delivery Agency established by the
Agency Act. 4 Subsection 23(1)
Insert:
Agency Act means the Commonwealth Services Delivery Agency Act 1997. 5
Subsection 23(1)
Insert:
CEO means the Chief Executive Officer of the Agency. 6 Subsection 23(1)
Insert:
employee, in relation to the Agency, has the same meaning as in the Agency
Act. 7 Subsection 23(1) (paragraphs (a) and (b) of the definition of protected
information)
After "Department", insert "or of the Agency". 8 Section 23(1) (paragraph (b)
of the definition of Secretary)
Repeal the paragraph, substitute:

   (b)  in relation to Part 6.3:

        (i)    in the review of a decision made by the CEO or an employee of
               the Agency as a delegate of the Secretary to the Department or
               of the Secretary to the Employment Department-the CEO; or

        (ii)   in the review of a decision under the Student and Youth
               Assistance Act 1973, other than a decision mentioned in
               subparagraph (i)-the Secretary to the Employment Department; or

        (iii)  in the review of any other decision-the Secretary to the
               Department. 9 Subsection 23(1)
Insert:
service arrangements has the same meaning as in the Agency Act. 10 Subsection
1240(1)
Omit "A person", substitute "Subject to subsections (1AA) and (2), a person".
11 After subsection 1240(1)
Insert:

(1AA) If a decision of the kind referred to in subsection (1) is made by an
employee of the Agency in the exercise of a delegated power, a person affected
by the decision may apply to the CEO for review of the decision. 12 Paragraph
1240(1A)(c)
Omit "Secretary", substitute "person to whom the application is made". 13 At
the end of subsection 1240(2)
Add:
; or (e) the CEO, in the exercise of a delegated power. 14 After subsection
1240(3)
Insert:

(3AA) If a person applies under subsection (1AA) for review of a decision, the
CEO, or an authorised review officer, may review the decision under section
1243. 15 After subsection 1240(3A)
Insert:

(3AB) If a person applies under subsection (1AA) for the review of a decision
made by an employee of the Agency, the reference in subsection (3AA) to an
authorised review officer is taken to be a reference to an authorised review
officer who is another employee of the Agency. 16 Subsection 1240(3B)
Omit "subsection (3)", substitute "subsections (3) and (3AA)". 17 Subsection
1240(3B)
Omit "of the Secretary". 18 Paragraph 1240(4)(a)
Repeal the paragraph, substitute:

   (a)  a person who may apply to the Secretary for review of a decision under
        subsection (1), or to the CEO for review of the decision under
        subsection (1AA), has not so applied; and 19 Subsection 1240(4)
Omit "taken to apply to the Secretary for review of the decision under
subsection (1)", substitute "is taken to apply to the Secretary or CEO for
review of the decision under subsection (1) or (1AA), as the case may be,". 20
Paragraph 1241(1)(c)
Omit "to the Secretary under subsection 1240(1)", substitute "to the Secretary
or the CEO under subsection 1240(1) or 1240(1AA)". 21 Subsection 1241(1)
Omit "the Secretary", substitute "the person to whom the application is made".
22 Subparagraph 1241(4)(b)(i)
Omit "to the Secretary". 23 Subparagraphs 1241(4)(b)(ii) and (iii)
Omit "by the Secretary". 24 Paragraphs 1242(2)(a) and (b)
Repeal the paragraphs, substitute:

   (a)  a person applies under subsection 1240(1) or 1240(1AA) for review of a
        decision to which this section applies; and 25 Paragraphs 1242A(2)(a)
        and (b)
Repeal the paragraphs, substitute:

   (a)  a person applies under subsection 1240(1) or 1240(1AA) for review of a
        decision to which this section applies; and 26 Subsection 1243(1)
Omit "the Secretary", substitute "or 1240(1AA), the Secretary, the CEO,". 27
Paragraph 1243A(1)(d)
Omit "to the Secretary". 28 Paragraph 1243A(1)(f)
After "the Secretary,", insert "the CEO,". 29 Subsection 1247(1)
After "Secretary" (wherever occurring), insert ", the CEO". 30 Subsection
1247(1A)
After "Secretary" (wherever occurring), insert ", the CEO". 31 Subparagraph
1253(1)(c)(ii)
After "Secretary", insert "or the CEO, as the case requires,". 32 Paragraph
1253(2)(b)
After "Secretary", insert "or the CEO, as the case requires,". 33 Paragraph
1254A(b)
After "Secretary", insert "or the CEO, as the case requires,". 34 At the end
of paragraph 1257(1A)(a)
Add:

        (iii)  if the decision was made by the CEO or an employee of the
               Agency-an office of the Agency; or 35 After paragraph
               1260(1)(b)
Insert:

   (ba) if the decision was made by the CEO or an employee of the Agency in
        the exercise of a delegated power-the CEO; and 36 Paragraph 1261(1)(a)
After "Department", insert "or of the Agency". 37 At the end of section 1285
Add:

(2) If the decision reviewed by the Social Security Appeals Tribunal was made
by the CEO or an employee of the Agency, subsection (1) applies as if the
reference to the Secretary were a reference to the CEO. 38 Subsection 1291(1)
Omit "were references to the Secretary.", substitute:
were references to:

   (a)  if the original decision was made by the CEO or an employee of the
        Agency-the CEO; or

   (b)  in any other case-the Secretary. 39 At the end of section 1291
Add:

(4) If:

   (a)  a person applies to the Administrative Appeals Tribunal under section
        1283 for review of a decision; and

   (b)  the original decision was made by the CEO or an employee of the
        Agency; subsection (2) applies as if references to the Secretary were
        references to the CEO.

(5) In this section:
original decision means the decision that was reviewed by the Social Security
Appeals Tribunal. 40 After subsection 1299(1)
Insert:

(1A) Subject to subsection (2) but despite subsection (3), the Secretary may,
in accordance with service arrangements, by signed instrument, delegate to the
CEO or an employee of the Agency all or any of the Secretary's powers under
this Act. 41 Subsection 1299(2)
After "delegate", insert "to anyone except the CEO". 42 After subsection
1299(2)
Insert:

(2A) If the Secretary delegates to the CEO the Secretary's power under
subsection 1218A(2) or paragraph 1314(1)(b), the CEO cannot, despite section
33 of the Agency Act, delegate the power to an employee of the Agency. 43
After subsection 1299(3)
Insert:

(3A) If the Secretary delegates to the CEO the powers referred to in
subsection (3), the CEO:

   (a)  must delegate those powers under section 33 of the Agency Act to
        employees of the Agency nominated by the Employment Secretary; and

   (b)  cannot delegate those powers to any other such employee. 44 Subsection
        1299(4)
Omit "subsection (3)", substitute "subsections (3) and (3A)". 45 At the end of
section 1299
Add:

(6) In this section: officer does not include the CEO or an employee of the
Agency. 46 Subsection 1312(1)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 47 Paragraph 1312(1A)(d)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 48 Subparagraph 1312A(b)(i)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 49 Section 1312A (note 2)
After "Act", insert ", Part 8 of the Student and Youth Assistance Act 1973".
50 Paragraph 1312B(b)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 51 Section 1313
After "this Act" (wherever occurring), insert ", Part 8 of the Student and
Youth Assistance Act 1973". 52 Paragraph 1314(1)(a)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 53 Subsection 1318(3)
After "this Act", insert ", Part 8 of the Student and Youth Assistance Act
1973". 54 After Schedule 1A
Insert:
Schedule 1AA-Provisions consequential on the enactment of
the Commonwealth Services Delivery Agency Act 1997 1 References to the
Secretary and the Department: requirements etc. by delegate

(1) If the Secretary delegates to the CEO or an employee of the Agency a power
under this Act to require or request a person to give the Secretary a document
or information, the delegate may, in exercising the power, require or request
the person to give the document or information to the CEO instead of the
Secretary.

(2) If the Secretary delegates to the CEO or an employee of the Agency a power
under this Act to require or request a person to give or send to, or lodge
with, the Department a document or information, the delegate may, in
exercising the power, require or request the person to give or send the
document or information to the Agency, or lodge it with the Agency, instead of
the Department.

(3) A person who:

   (a)  gives a document or information to the CEO; or

   (b)  gives or sends a document or information to the Agency, or lodges it
        with the Agency; in compliance with a requirement or a request by a
        delegate of the Secretary is to be treated for all purposes as if the
        person had:

   (c)  given the document or information to the Secretary; or

   (d)  given or sent the document or information to the Department, or lodged
        it with the Department; as the case may be, in compliance with a
        requirement or request by the Secretary.

(4) A person who:

   (a)  does not give a document or information to the CEO; or

   (b)  does not give or send a document or information to the Agency, or
        lodge it with the Agency; in compliance with a requirement or request
        by a delegate of the Secretary is to be treated for all purposes as if
        the person:

   (c)  had not given the document or information to the Secretary; or

   (d)  had not given or sent the document or information to the Department,
        or lodged it with the Department; as the case may be, in compliance
        with a requirement or request by the Secretary. 2 References to the
        Secretary and the Department: directions by Secretary

(1) If:

   (a)  the Secretary delegates to the CEO or an employee of the Agency all or
        any of the Secretary's powers under this Act; and

   (b)  the delegation makes a reference to the Secretary, the Department, or
        an officer of the Department, in another provision of this Act
        inappropriate, whether for administrative reasons or any other reason;
        the Secretary may direct that the provision is to have effect as if:

   (c)  the reference to the Secretary were a reference to the CEO; or

   (d)  the reference to the Department were a reference to the Agency; or

   (e)  the reference to an officer of the Department were a reference to an
        employee of the Agency; as the case requires.

(2) If the Secretary gives a direction in relation to a provision, the
provision has effect in accordance with the direction while the direction is
in force.

(3) A direction comes into force on the day it is notified in the Gazette, or
on such later day as is specified in it, and remains in force until it is
revoked.

(4) A direction is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.