Document ID: chunk:federal_register_of_legislation:C2024A00104:section:13
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 13
Character Range: 97229–100028

13  Meaning of suitability matters in relation to an individual
 (1) Each of the following matters is a suitability matter in relation to an individual:
 (a) the individual's experience in providing, at any time, funded aged care services or other similar services;
 (b) whether a banning order against the individual is, or has at any time been, in force;
 (c) whether an NDIS banning order against the individual is, or has at any time been, in force;
 (d) whether the individual has at any time been convicted of an indictable offence;
 (e) whether a civil penalty order against the individual has been made at any time;
 (f) whether the individual is, or has at any time been, an insolvent under administration;
 (g) whether the individual is, or has at any time been, the subject of adverse findings or enforcement action by any of the following:
 (i) a Department of the Commonwealth or of a State or Territory;
 (ii) the Australian Securities and Investments Commission;
 (iii) the Australian Charities and Not‑for‑profits Commission;
 (iv) the Australian Competition and Consumer Commission;
 (v) the Australian Prudential Regulation Authority;
 (vi) the Australian Crime Commission;
 (vii) AUSTRAC (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006);
 (viii) the Australian Health Practitioner Regulation Agency;
 (ix) another body established for a public purpose by or under a law of the Commonwealth;
 (x) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (viii));
 (xi) a local government authority;
 (xii) a body responsible for maintaining standards of conduct in a profession that is involved in the delivery of funded aged care services;
 (h) whether the individual:
 (i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or
 (ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;
 (i) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
 (j) if circumstances prescribed by the rules apply in relation to the individual—the individual is a person in respect of whom the worker screening requirements prescribed for the purposes of section 152 are met;
 (k) any other matter prescribed by the rules.
 (2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).