sec.86Suitability and eligibility of proposed appointee

### sec.86 Suitability and eligibility of proposed appointee In deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters— the nature of the registered service; the reason for the appointment; the services the person is to provide as administrator; whether the person has a criminal history that would make the person unsuitable for appointment; the person’s expertise or experience relevant to the appointment; any conflict of interest that may arise in the course of the person acting as administrator; any other relevant matter. The following persons are ineligible for appointment— a corporation; a child; an officer or employee of the department; a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors; a person who has been convicted within the previous 5 years of a disqualifying offence. A person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person— whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and whether the person is a person mentioned in subsection (2) (b) to (d) ; and whether the person has a criminal history and, if so, what the criminal history is. Maximum penalty— for an offence involving paragraph (c) —100 penalty units; or otherwise—20 penalty units. The person must give the advice by statutory declaration or on oath or affirmation if required by QCAT. s 86 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 735 (sec.86-ssec.1) In deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters— the nature of the registered service; the reason for the appointment; the services the person is to provide as administrator; whether the person has a criminal history that would make the person unsuitable for appointment; the person’s expertise or experience relevant to the appointment; any conflict of interest that may arise in the course of the person acting as administrator; any other relevant matter. (sec.86-ssec.2) The following persons are ineligible for appointment— a corporation; a child; an officer or employee of the department; a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors; a person who has been convicted within the previous 5 years of a disqualifying offence. (sec.86-ssec.3) A person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person— whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and whether the person is a person mentioned in subsection (2) (b) to (d) ; and whether the person has a criminal history and, if so, what the criminal history is. Maximum penalty— for an offence involving paragraph (c) —100 penalty units; or otherwise—20 penalty units. (sec.86-ssec.4) The person must give the advice by statutory declaration or on oath or affirmation if required by QCAT. - (a) the nature of the registered service; - (b) the reason for the appointment; - (c) the services the person is to provide as administrator; - (d) whether the person has a criminal history that would make the person unsuitable for appointment; - (e) the person’s expertise or experience relevant to the appointment; - (f) any conflict of interest that may arise in the course of the person acting as administrator; - (g) any other relevant matter. - (a) a corporation; - (b) a child; - (c) an officer or employee of the department; - (d) a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors; - (e) a person who has been convicted within the previous 5 years of a disqualifying offence. - (a) whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and - (b) whether the person is a person mentioned in subsection (2) (b) to (d) ; and - (c) whether the person has a criminal history and, if so, what the criminal history is. - (a) for an offence involving paragraph (c) —100 penalty units; or - (b) otherwise—20 penalty units.