Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p5
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 11356–14268

(1) and substituting "or";

    (g) by inserting "(other than an eligible case manager)" after "authority" (first occurring) in paragraph (c) of the definition of "principal officer" in subsection (1);

    (h) by adding at the end of the definition of "principal officer" in subsection (1) the following word and paragraph:

"or (d) in relation to a prescribed authority that is an eligible case manager:

           (i) if the eligible case manager is an individual—the individual; or

           (ii) in any other case—the individual primarily responsible for the management of the eligible case manager;";

    (i) by adding at the end of paragraphs (a) and (c) of the definition of "responsible Minister" in subsection (1) "or";

    (j) by inserting after paragraph (d) of the definition of "responsible Minister" in subsection (1) the following paragraph:

         "(da) if a prescribed authority referred to in paragraph (e) of that definition is responsible for dealing with the matter—the Minister administering the Employment Services Act 1994; or";

    (k) by inserting in subsection (1) the following definitions:

    " 'case manager' has the same meaning as in the Employment Services Act 1994;

    'eligible case manager' means an entity (within the meaning of the Employment Services Act 1994):

         (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and

         (b) that is not:

           (i) a Department; or

           (ii) covered by paragraph (a), (b), (ba), (bb), (c) or (d) of the definition of 'prescribed authority';

    'ESRA' means the Employment Services Regulatory Authority established under the Employment Services Act 1994".

Functions of Ombudsman

16. Section 5 of the Principal Act is amended:

    (a) by adding at the end of paragraphs (2)(a), (aa), (b), (ba) and (c) "or";

    (b) by adding at the end of subsection (2) the following word and paragraph:

"; or (h) action taken by an eligible case manager that is not connected with:

           (i) the provision of case management services (within the meaning of the Employment Services Act 1994) to persons referred to the eligible case manager under Part 4.3 of that Act; or

           (ii) the performance of functions conferred on the eligible case manager under that Act.".

Discretion not to investigate certain complaints

17. Section 6 of the Principal Act is amended by inserting after subsection (4F) the following subsections:

"(4G) If, before the Ombudsman begins, or after the Ombudsman has begun, to investigate action taken by a Department or by a prescribed authority, being action that is the subject matter of a complaint, the Ombudsman forms the opinion that:

    (a) a complaint with respect to the action has been, or could have been, made by the complainant to ESRA under Part 4.7 of the Employment Services Act 1994; and

    (b) the