Informing APRAInforming APRA

Informing APRA

43. An RSE licensee must notify APRA of the following information for each responsible person:

(a) the title of the responsible person position;

(b) the person’s full name;

(c) the person’s date of birth (for identification purposes only);

(d) the person’s position and main responsibilities; and

(e) a statement of whether the person has been assessed under the Fit and Proper Policy.

44. An RSE licensee must ensure that the information provided under paragraph 43 remains correct for all of its responsible persons.[23]

45. If a person remains in a responsible person position, despite the RSE licensee’s assessment that the person is not fit and proper, the RSE licensee must promptly notify APRA in writing of the reason for this and the action that is being taken.[24]

46. The information or notifications required by this Prudential Standard must be given in such form, if any, and by such procedures, if any, as APRA publishes on its website from time to time.

47. An RSE licensee must take reasonable steps to:

(a) obtain any information and documentation that APRA asks of it; and

(b) provide that information to APRA,

to assist APRA in assessing the fitness and propriety of a person. This could include providing the Fit and Proper Policy to APRA on request.

48. An RSE licensee must take reasonable steps to satisfy itself that a person holding, or proposed to hold, a responsible person position is not a disqualified person within the meaning of section 120 of the SIS Act. To this end, the RSE licensee must satisfy itself that the person has never been convicted of any offence of dishonesty in any jurisdiction, whether in Australia of overseas. Other than for this purpose, APRA does not and will not require disclosure of spent convictions where precluded under Part VIIC of the Crimes Act 1914.