Document ID: chunk:federal_register_of_legislation:C2004A04850:body:0:p4
Version: federal_register_of_legislation:C2004A04850
Segment Type: other
Provision Reference: 
Character Range: 8714–11620

manager within the meaning of that Act; and

         (b) that is not:

            (i) a Department; or

            (ii) a prescribed authority;".

Insertion of new section

12. After section 6A of the Principal Act the following section is inserted:

Eligible case managers

"6B. This Act only applies to a request for access to a document of an eligible case manager if the document is in respect of:

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

    (b) the performance of a function conferred on the eligible case manager under that Act.".

PART 4—AMENDMENT OF THE OMBUDSMAN ACT 1976

Objects of Part

13. The objects of this Part are:

    (a) to empower the Ombudsman to investigate complaints about contracted case managers; and

    (b) to empower the Ombudsman to refer complaints about contracted case managers to ESRA (the Employment Services Regulatory Authority).

Principal Act

14. In this Part, "Principal Act" means the Ombudsman Act 19765.

Interpretation

15. Section 3 of the Principal Act is amended:

    (a) by omitting "and" from paragraph (a) of the definition of "officer" in subsection (1) and substituting "or";

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

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

"or (c) 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) if the eligible case manager is a body corporate—a director, the secretary or an employee of the body corporate; or

           (iii) if the eligible case manager is a partnership—a partner in, or an employee of, the partnership; or

           (iv) if the eligible case manager is an unincorporated association—a member of the executive committee, or an employee, of the unincorporated association; or

           (v) in any other case—an officer or employee of the eligible case manager;";

    (d) by adding at the end of paragraphs (a), (b), (ba), (bb) and (c) of the definition of "prescribed authority" in subsection (1) "or";

    (e) by adding at the end of the definition of "prescribed authority" in subsection (1) the following word and paragraph:

"or (e) an eligible case manager;";

    (f) by omitting "and" from paragraph (a) of the definition of "principal officer" in subsection (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