sec.27Fit and proper persons

sec.27 Fit and proper persons

In deciding whether a person is a fit and proper person to provide labour hire services, the chief executive must have regard to the following matters— the person’s character, including, for example, the person’s honesty, integrity and professionalism; whether the person— has a history of compliance with relevant laws; or is able to demonstrate an ability to comply with relevant laws; whether the person has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29 (1) ; whether the person has been convicted of an offence against a relevant law or another law that affects the person’s suitability to provide labour hire services; if the person is an individual—whether the person has been an insolvent under administration; whether a corporation has been placed into administration, receivership or liquidation while the person was an executive officer of the corporation; whether the person has been disqualified from managing corporations under the Corporations Act ; whether the person is under the control of, or substantially influenced by, another person whom the chief executive considers is not a fit and proper person to provide labour hire services. The chief executive may also have regard to any other matter the chief executive considers relevant in deciding whether the person is a fit and proper person to provide labour hire services. If, at any time while a licence is in force, the chief executive decides the licensee is no longer a fit and proper person to provide labour hire services, the chief executive may take action to suspend or cancel the licence under division 3 . s 27 amd 2023 No. 23 s 247 sch 1 s 2 (2) (sec.27-ssec.1) In deciding whether a person is a fit and proper person to provide labour hire services, the chief executive must have regard to the following matters— the person’s character, including, for example, the person’s honesty, integrity and professionalism; whether the person— has a history of compliance with relevant laws; or is able to demonstrate an ability to comply with relevant laws; whether the person has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29 (1) ; whether the person has been convicted of an offence against a relevant law or another law that affects the person’s suitability to provide labour hire services; if the person is an individual—whether the person has been an insolvent under administration; whether a corporation has been placed into administration, receivership or liquidation while the person was an executive officer of the corporation; whether the person has been disqualified from managing corporations under the Corporations Act ; whether the person is under the control of, or substantially influenced by, another person whom the chief executive considers is not a fit and proper person to provide labour hire services. (sec.27-ssec.2) The chief executive may also have regard to any other matter the chief executive considers relevant in deciding whether the person is a fit and proper person to provide labour hire services. If, at any time while a licence is in force, the chief executive decides the licensee is no longer a fit and proper person to provide labour hire services, the chief executive may take action to suspend or cancel the licence under division 3 .