109Matters to be taken into account in assessing whether fit and proper person

#### 109 Matters to be taken into account in assessing whether fit and proper person 109 Matters to be taken into account in assessing whether fit and proper person > > (1) The Regulatory Authority, in determining whether it is satisfied that a person is a fit and proper person under this Division, must have regard to— > > > > > (a) the history of the person’s 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) the working with children check for that person, or if there is no working with children check for that person, any prescribed matters relating to the criminal history of the person to the extent that that history may affect the person’s suitability for the role of supervisor of an education and care service. > > > (2) Without limiting subsection (1), the Regulatory Authority may have regard to whether the person has a medical condition that may affect the person’s capacity to be the supervisor of an education and care service. > > > (3) Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to satisfy the Regulatory Authority that he or she is a fit and proper person to be a supervisor of an education and care service.