20Previous conduct and involvements

20 Previous conduct and involvements

(1) The Secretary may have regard to whether the provider or any of its key personnel has previously been found not to be a fit and proper person for the purposes of one or more of the following: (a) the Act; (b) the Australian Education Act 2013; (c) the Education Services for Overseas Students Act 2000; (d) the Higher Education Support Act 2003; (e) the National Vocational Education and Training Regulator Act 2011; (f) the Tertiary Education Quality and Standards Agency Act 2011; (g) subsidy funding arrangements with a State or Territory for the provision of education.

(2) The Secretary may have regard to whether one or more of the following has engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour, or of acting inconsistently with laws of the Commonwealth, a State or a Territory, in relation to the provision of education or training: (a) the provider; (b) any of the provider’s key personnel; (c) any person engaged to act for, or on behalf of, the provider. (3) The Secretary may have regard to: (a) whether the provider or any of its key personnel has previously been involved in a business that provided education; and (b) whether, at the time of that involvement, the business would have been a fit and proper person for the purposes of paragraph 25(2)(f) of the Act. (4) The Secretary may have regard to any other matter relevant to the honesty, knowledge or ability of the provider and its key personnel.