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Tuesday, 13 May 2003
Page: 10920


Senator Nettle asked the Minister for Family and Community Services, upon notice, on 10 February 2003:

With reference to the Deed of Agreement between Centrelink and its agents:

(1) Can the Minister specify the intended purpose of the `specified personnel' clause in the deed.

(2) Is the Minister aware that a Centrelink officer has the discretionary power to remove agency employees from the `specified personnel' list.

(3) Is there any right of appeal against a decision, made by a Centrelink officer, to remove an employee from the `specified personnel' list; if so; please specify the rights of appeal.

(4) If there is no right of appeal, can the Minister explain why a Centrelink officer has the sole discretionary power to remove Centrelink funding from agency employees.


Senator Vanstone (Minister for Family and Community Services and Minister Assisting the Prime Minister for the Status of Women) —The answer to the honourable senator's question is as follows:

(1) Yes. Details are as follows:

· Specified Personnel are required under the Deed to provide the services. This enables Centrelink to identify the contactors staff that will be delivering our services. The Specified Personnel are trained in the duties of a Centrelink Agent and sign a Declaration of Confidentiality that enables Centrelink staff to provide (and receive) information about customers. Centrelink staff can only provide such service to Specified Personnel so it is imperative they are named in the Deed.

· The Deed provides for discretionary removal of Specified Personnel by Centrelink (not a particular officer). This enables inappropriate Specified Personnel to be removed. Centrelink is not obliged to provide a contractor with reasons for use of this discretion (especially where Specified Personnel or customer privacy may be concerned) but would always endeavour to explain its position.

· Clause 27 of the Deed, `Dispute Resolution' provides means of resolution to resolve any disputes. Negotiation is the first means of resolution before independent mediation is recommended. If disputes are still unresolved, any party may commence court proceedings.

· The exercise of the power to remove Specified Personnel does not remove funding from the Contractor. At no time is funding provided in respect of an individual performing the services. It is provided to the Contractor who is required to nominate alternate personnel if Centrelink exercises the power to remove a particular individual as Specified Personnel. The Contractor is not required to dismiss the individual from its employ.

(2) Yes.

(3) No, however the dispute resolution clause provides a review mechanism.

(4) The question does not arise. No Centrelink officer has discretionary power to remove Centrelink funding from agency employees.