13Matters to be taken into account in assessing whether fit and proper person

13 Matters to be taken into account in assessing whether fit and proper person

13 Matters to be taken into account in assessing whether fit and proper person

(1) In determining whether a person is a fit and proper person under this Division, the Regulatory Authority must have regard to—

(a) the person’s history of compliance with—

(i) this Law as applying in any participating jurisdiction; and

(ii) a former education and care services law of a participating jurisdiction; and

(iii) a children’s services law of a participating jurisdiction; and

(iv) an education law of a participating jurisdiction; and

Note.

If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5).

(b) any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and

(c) either—

(i) any prescribed matters relating to the criminal history of the person to the extent that history may affect the person’s suitability for the role of provider of an education and care service; or

(ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and

(d) whether the person is bankrupt, or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors or, in the case of a body corporate, is insolvent under administration or an externally-administered body corporate.

(2) Without limiting subsection (1), the Regulatory Authority may have regard to—

(a) whether the person has a medical condition that may cause the person to be incapable of being responsible for providing an education and care service in accordance with this Law; and

(b) whether the financial circumstances of the person may significantly limit the person’s capacity to meet the person’s obligations in providing an education and care service in accordance with this Law; and.

(c) whether the person has the management capability to operate an education and care service in accordance with this Law; and

(d) any of the following actions taken under the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth in relation to a child care service approved under that Act, operated by the person or in relation to which the person was a person with management or control—

(i) any sanction imposed under section 200 of that Act;

(ii) any suspension imposed under section 201A of that Act;

(iii) any infringement notice given under section 219TSI of that Act.

(3) Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to be a fit and proper person to be involved in the provision of an education and care service.