Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 32

When section applies
32.(1) This section applies to a person if the CES has given the person a
notice, in accordance with paragraph 30(4)(a) or (5)(b), stating that it
proposes to refer the person to a new case manager.

Nomination of preferred case manager

(2) If the notice states that the person may nominate a preferred case
manager, the nomination must be:

   (a)  in writing; and

   (b)  given to the CES within 14 days after the day on which the notice was
        given to the person.
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

(3) The CES must, within 24 days after the day on which the notice was given
to the person, 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

(4) 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 (2);

        (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

(5) A determination under subsection (4) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.