Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_46
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 46
Character Range: 121716–124218

46  Additional matters to take into account
 (1) For paragraph 194E(1)(k) of the Family Assistance Administration Act, this section prescribes matters to which the Secretary must have regard in determining whether a person (the provider or person with management or control) is a fit and proper person.
 (2) The Secretary must have regard to the experience and expertise of the provider or person with management or control in the provision of child care services.
 (3) The Secretary must have regard to the understanding that can be demonstrated by the provider or person with management or control, of the obligations that would apply under the family assistance law, and the level of commitment to complying with those obligations.
 (4) The Secretary must have regard to whether all the following circumstances exist:
 (a) an educator who provides, or is to provide, care at the service (whether or not the person is employed by the provider of the service) has obtained a qualification in respect of providing child care from a registered training organisation;
 (b) the provider or person with management or control has an interest in that registered training organisation, by virtue of which the provider or person owns, operates, controls or carries out the registered training organisation;
 (c) it reasonably appears that the qualification:
 (i) would not have been obtained without that interest of the provider or person with management or control, and as a result, the educator has not obtained the qualification solely on her or his own merit; or
 (ii) the qualification has otherwise been obtained in circumstances that might reasonably be perceived as a conflict of interest.
 (5) The Secretary must have regard to whether the provider or person with management or control has an interest in a business, by virtue of which the provider or person owns, operates, controls or carries out the business, if it reasonably appears that:
 (a) the nature of the interest is such that the provider's or person's ability to comply with obligations under the family assistance law is reduced; or
 (b) the nature of the interest is such that approval of the service will provide a benefit to the business; or
 (c) the circumstances are otherwise such that there might reasonably be perceived to be a conflict of interest.
Note:  See section 194F of the Family Assistance Administration Act for who is a person with management or control of a provider.

Division 5—Conditions for continued approval