60Fit and proper person

60 Fit and proper person

(1) In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account all or any of the following matters—

(a) whether or not the person has been found guilty of an offence against this Act;

(b) whether or not the person is of sound financial reputation and stable financial background;

(c) whether or not the person is of good repute, having regard to character, honesty and integrity;

(d) whether or not the person is a person in relation to whom not more than 10 years have expired since that person was found guilty of—

(i) an indictable offence; or

(ii) an offence involving dishonesty, fraud or trafficking in drugs of dependence, where the maximum penalty for the offence is more than 3 months imprisonment;

(e) whether—

(i) if the person is a registered health practitioner under the Health Practitioner Regulation National Law, there is any condition on that person's registration; or

(ii) any registration of the person under the Health Practitioner Regulation National Law has been cancelled or suspended.

(2) Subsection (1) is not to be taken to limit the circumstances in which a person may be considered not to be a fit and proper person for the purposes of this Act.

(3) For the purposes of determining whether a person is of sound financial reputation and stable financial background under subsection (1)(b), the Secretary may consider—

(a) that person's financial viability and financial history; and

(b) the financial viability and financial history of any body corporate of which the person is or was a director or officer, being a body corporate that operates or operated a non‑emergency patient transport service or a first aid service.

New s. 61 inserted by No. 29/2021 s. 31.