Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_12
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 173776–175652

12    The provider becomes aware, because of a check undertaken in relation to a person as mentioned in section 43, that the person:                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Within 7 days after the provider receives a record of the check.
      (a) has a conviction or finding of guilt (a serious conviction or finding of guilt) for any of the following offences under a law of Australia or of a foreign country:
      (i) an indictable offence punishable by a maximum of 2 years imprisonment or 40 penalty units;
      (ii) an offence involving violence, or a sexual offence;
      (iii) an offence involving fraud, stealing or dishonesty; or
      (b) is an undischarged bankrupt; or
      (c) was a director or secretary of a corporation when the corporation went into administration, receivership or liquidation, or at any time during the 12 months beforehand.
      Note:   A criminal history check is required under section 43 for any person with management or control of the provider, any person with responsibility for the day‑to‑day operation of a service, or an FDC educator or IHC educator in relation to any of the provider's approved child care services. The checks under that section which may disclose bankruptcy or administration, receivership or liquidation only apply to a person with management or control of the provider other than a person responsible for the day‑to‑day operation of any of the provider's approved child care services.