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 (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 Act; and (ii) any law referred to in section 13(1)(a) of the National Law; and Note to s. 13(1)(a) amended by No. 33/2023 s. 18. If a person has been served with an infringement notice for an offence under the National Law or this Act, 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) of the National Law and section 178A of this Act. (b) any decision under this Act or the National Law to refuse, refuse to renew, suspend or cancel an approval or other authorisation granted under this Act or the National Law; and (c) any decision referred to in section 13(1)(b) of the National Law; and (d) 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 a children's service; or (ii) any check of the person under a working with vulnerable people law of a participating jurisdiction; and (e) 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 a children's service in accordance with this Act; and (b) whether the financial circumstances of the person may significantly limit the person's capacity to meet the person's obligations in providing a children's service in accordance with this Act; and (c) whether the person has the management capability to operate a children's service in accordance with this Act; 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) a sanction imposed under section 195H of that Act; (ii) a suspension imposed under section 197A of that Act; (iii) an infringement notice issued under Part 5 of the Regulatory Powers (Standard Provisions) Act 2014 of the Commonwealth in respect of section 219WA of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth. (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 a children's service. New s. 14 inserted by No. 37/2019 s. 8.