Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:5_8c
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 5 cl 8C
Character Range: 102522–104708

8C  Meaning of suitability matters in relation to an individual
 (1) Each of the following matters is a suitability matter in relation to an individual:
 (a) the individual's experience in providing, at any time, aged care or other relevant forms of care;
 (b) whether a NDIS banning order against the individual is, or has at any time been, in force;
 (c) whether the individual has at any time been convicted of an indictable offence;
 (d) whether a civil penalty order against the individual has been made at any time;
 (e) whether the individual is, or has at any time been, an insolvent under administration;
 (f) whether the individual is or has at any time been the subject of adverse findings or enforcement action by any of the following:
 (i) a Department of the Commonwealth or of a State or Territory;
 (ii) the Australian Securities and Investments Commission;
 (iii) the Australian Charities and Not‑for‑profits Commission;
 (iv) the Australian Competition and Consumer Commission;
 (v) the Australian Prudential Regulation Authority;
 (vi) the Australian Crime Commission;
 (vii) AUSTRAC;
 (viii) another body established for a public purpose by or under a law of the Commonwealth;
 (ix) a State or Territory authority (including, but not limited to, a body that is equivalent to a body mentioned in subparagraphs (ii) to (vii));
 (x) a local government authority;
 (g) whether the individual:
 (i) is, or has at any time been, the subject of any findings or judgment in relation to fraud, misrepresentation or dishonesty in any administrative, civil or criminal proceedings; or
 (ii) is currently party to any proceedings that may result in the individual being the subject of such findings or judgment;
 (h) whether the individual is, or has at any time been, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001;
 (i) any other matter specified in the rules.
 (2) This section 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).