Document ID: chunk:federal_register_of_legislation:F2021C01137:reg:10
Version: federal_register_of_legislation:F2021C01137
Segment Type: reg
Provision Reference: reg 10
Character Range: 21279–23672

10  Suitability of key personnel
 (1) This section is made for the purposes of paragraph 73E(1)(e) of the Act.
 (2) In determining whether the Commissioner is satisfied that a member of the applicant's key personnel is suitable to be involved in the provision of supports or services for which the applicant will be registered to provide, the Commissioner must have regard to the following matters:
 (a) whether a banning order has ever been in force in relation to the member;
 (b) whether the member has been convicted of an indictable offence against a law of the Commonwealth or of a State or Territory;
 (c) whether the member is or has been an insolvent under administration;
 (d) whether the member has been the subject of adverse findings or enforcement action by a Department of, or an authority or other body established for a public purpose by, the Commonwealth, a State or a Territory, including one with responsibilities relating to the quality or regulation of services provided to people with disability, older people and children;
 (e) whether the member has been the subject of adverse findings or enforcement action by any of the following:
 (i) the Australian Securities and Investments Commission;
 (ii) the Australian Charities and Not‑for‑profits Commission;
 (iii) the Australian Competition and Consumer Commission;
 (iv) the Australian Prudential Regulation Authority;
 (v) the Australian Crime Commission;
 (vi) AUSTRAC;
 (vii) a body of a State or Territory that is equivalent to a body mentioned in any of subparagraphs (i) to (vi);
 (viii) a work health and safety authority of a State or Territory;
 (f) whether the member has been the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings, or is currently party to any proceedings that may result in the member being the subject of such findings or judgment;
 (g) whether the member has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
 (h) any other matter the Commissioner considers relevant.
 (3) Paragraph (2)(b) 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).