Document ID: chunk:federal_register_of_legislation:F2018L01753:body:0:p1
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Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018

The Tertiary Education Quality and Standards Agency hereby makes the following Determination.

Dated:  6 December 2018

Signed

_____________________       ___________________              _______________
Professor Nicholas Saunders AO        Professor Cliff Walsh                         Dr Linley Martin

Chief Commissioner                        Commissioner              Commissioner

    Part 1 - Preliminary
    1 Name of Determination

This Determination is the Tertiary Education Quality and Standards Agency Fit and Proper Person Determination 2018.

2 Commencement

This Determination commences on the day after it is registered.

3 Authority

This Determination is made under subsection 7A(2) of the Tertiary Education Quality and Standards Agency Act 2011.

4 Interpretation

In this Determination:

  Act means the Tertiary Education Quality and Standards Agency Act 2011.

National VET Regulator means the National Vocational Education and Training Regulator established by the National Vocational Education and Training Regulator Act 2011.

  Registered higher education provider has the same meaning as it has in the Act.

Tertiary Education Quality and Standards Agency or TEQSA has the same meaning as in the Act.

    Part 2 – Fit and proper person
    5  Fit and Proper Person Considerations

TEQSA may, in determining whether a person is a fit and proper person for the purposes of the Act, have regard to the matters specified in this Part.

    6  Compliance with the law
         (1) TEQSA may have regard to whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, a law of the Commonwealth or a State or Territory.

         Note:  Part VIIC of the Crimes Act 1914 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.

         (2) If the person has been so convicted or ordered, TEQSA may have regard to the seriousness of the offence or contravention concerned.

         (3) TEQSA may have regard to whether the person is currently involved in proceedings before a court or tribunal.

    7  Financial record
TEQSA may have regard to whether the person:

         (a)  has been insolvent or bankrupt; or

              (b)  has taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

         (c)  has compounded with one or more creditors; or

         (d)  has assigned remuneration for the benefit of one or more creditors; or

              (e)  has been under external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001); or

         (f)  has outstanding debts to the Commonwealth.

    8  Management history
         (1) TEQSA may have regard to whether one or more of the following has been cancelled, revoked, shortened, restricted, not renewed or suspended:

              (a) the person's registration to provide higher education courses, or to offer or confer higher