Document ID: chunk:federal_register_of_legislation:F2021C01137:reg:9
Version: federal_register_of_legislation:F2021C01137
Segment Type: reg
Provision Reference: reg 9
Character Range: 18742–21279

9  Suitability of applicant
 (1) This section is made for the purposes of paragraph 73E(1)(d) of the Act.
 (2) In determining whether the Commissioner is satisfied that the applicant is suitable to provide supports or services to people with disability, the Commissioner must have regard to the following matters:
 (a) whether the applicant has previously been registered as a registered NDIS provider or a registered provider of supports;
 (b) whether a banning order has ever been in force in relation to the applicant;
 (c) whether the applicant has been convicted of an indictable offence against a law of the Commonwealth or of a State or Territory;
 (d) whether the applicant is or has been an insolvent under administration or a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);
 (e) whether the applicant 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 or children;
 (f) whether the applicant 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;
 (g) whether the applicant 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 applicant being the subject of such findings or judgment;
 (h) whether the applicant has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
 (i) any other matter the Commissioner considers relevant.
 (3) Paragraph (2)(c) 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).