68Discretionary refusal of accreditation

68 Discretionary refusal of accreditation

S. 68(1) amended by No. 49/2019 s. 140(Sch. 2 item 47(a)).

(1) The Secretary may refuse an application for accreditation under this Part if it is aware that the applicant, or a nominated person or a relevant person in relation to the applicant—

(a) has been found guilty of an offence listed in clause 3 of Schedule 1; or

(b) is subject to a charge for an offence listed in Schedule 1 that has not been finally disposed of at the time of considering the application.

S. 68(2) amended by No. 49/2019 s. 140(Sch. 2 item 47(a)).

(2) The Secretary may refuse an application for accreditation under this Part if it believes on reasonable grounds that—

(a) the applicant has contravened a service standard applicable to an accreditation held, or previously held, by the applicant under this Part; or

(b) the applicant has contravened a condition imposed on an accreditation held, or previously held, by the applicant under this Part; or

(c) the nominated person or a relevant person in relation to the applicant has contravened a service standard applicable to, or a condition imposed on, an accreditation held by or previously held by the nominated person or the relevant person under this Part; or

(d) the applicant, the nominated person or a relevant person in relation to the applicant has contravened a provision of this Act.

S. 68(3) amended by No. 49/2019 s. 140(Sch. 2 item 47(b)).

(3) The Secretary may refuse an application for accreditation referred to it by VCAT under section 87(2)(a)(ii) if the Secretary is not satisfied as to the matters set out in section 65(1)(b).

S. 68(4) amended by No. 49/2019 s. 140(Sch. 2 item 47(c)).

(4) In exercising a discretion under this section in relation to an offence, the Secretary must have regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and

(c) if there has been a finding of guilt or a conviction, whether the finding of guilt or the conviction was recorded; and

(e) the age of the applicant or nominated person or relevant person when the offence or alleged offence was committed or was alleged to have been committed; and

(f) if there has been a finding of guilt or a conviction, whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and

(g) the behaviour of the applicant or nominated person or relevant person since committing the offence or since the offence was alleged to have been committed; and