Aged Care Act 2024
13Meaning of suitability matters in relation to an individual
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13 Meaning of suitability matters in relation to an individual
(1) Each of the following matters is a suitability matter in relation to an individual:
(a) the individual’s experience in providing, at any time, funded aged care services or other similar services;
(b) whether a banning order against the individual is, or has at any time been, in force;
(c) whether an NDIS banning order against the individual is, or has at any time been, in force;
(d) whether the individual has at any time been convicted of an indictable offence;
(e) whether a civil penalty order against the individual has been made at any time;
(f) whether the individual is, or has at any time been, an insolvent under administration;
(g) whether the individual is, or has at any time been, the subject of adverse findings or enforcement action by any of the following:
(i) a Department of the Commonwealth or of a State or Territory;
(ii) the Australian Securities and Investments Commission;
(iii) the Australian Charities and Not‑for‑profits Commission;
(iv) the Australian Competition and Consumer Commission;
(v) the Australian Prudential Regulation Authority;
(vi) the Australian Crime Commission;
(vii) AUSTRAC (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006);
(viii) the Australian Health Practitioner Regulation Agency;
(ix) another body established for a public purpose by or under a law of the Commonwealth;
(x) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (viii));
(xi) a local government authority;
(xii) a body responsible for maintaining standards of conduct in a profession that is involved in the delivery of funded aged care services;
(h) whether the individual:
(i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or
(ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;
(i) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
(j) if circumstances prescribed by the rules apply in relation to the individual—the individual is a person in respect of whom the worker screening requirements prescribed for the purposes of section 152 are met;