Document ID: chunk:federal_register_of_legislation:F2024L00638:body:0:p8
Version: federal_register_of_legislation:F2024L00638
Segment Type: other
Provision Reference: 
Character Range: 18614–21488

disclosing information or providing documents to APRA about matters referred to in paragraphs 36 to 38 inclusive.
40.         The Fit and Proper Policy must require that all provisions of the Policy encouraging whistleblowing, and the procedures relating to whistleblowing, are adequately explained to directors and employees of the RSE licensee and its connected entities who are likely to have information relevant to fit and proper assessments.
41.         APRA does not require that an RSE licensee impose an obligation on any person to make the disclosures under paragraphs 36 to 38 inclusive. However, the Fit and Proper Policy must require that all reasonable steps be taken to ensure that no person making such disclosures in good faith is subject to, or threatened with, a detriment because of any notification in purported compliance with the requirements of the Fit and Proper Policy.

When a responsible person is not fit and proper
42.         Where an RSE licensee has assessed that a person is not fit and proper, or a reasonable person in the RSE licensee's position would make that assessment, the RSE licensee must take all steps it reasonably can to ensure that the person[22]:
(a)          is not appointed to; or
(b)          for an existing responsible person, does not continue to hold,
    the responsible person position.

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