Document ID: chunk:federal_register_of_legislation:F2024C01213:reg:28
Version: federal_register_of_legislation:F2024C01213
Segment Type: reg
Provision Reference: reg 28
Character Range: 68681–70885

28  Fit and proper person requirement

Requirements for approved authorities
 (1) For the purposes of paragraph 130(2)(b) of the Act, in determining whether a person satisfies the requirement in subsection 75(5) of the Act, the Minister may have regard to:
 (a) the experience and expertise of the person, and key individuals of the person, in administering a school and providing education at a school; and
 (b) the person's governance arrangements, including:
 (i) arrangements for managing and supervising the provision of education at the school; and
 (ii) arrangements to ensure compliance with the laws of the Commonwealth, a State or a Territory relating to the provision of school education; and
 (c) whether the person has debts due to the Commonwealth in relation to the provision of school education.

Requirements for all authorities and bodies
 (2) For the purposes of paragraph 130(2)(b) of the Act, in determining whether a person satisfies the requirement in subsection 75(5), 84(5) or 92(5) of the Act, the Minister may have regard to:
 (a) the person's governance arrangements, including arrangements to receive independent and professional advice about the way in which the person complies, or will comply, with the person's obligations under the Act and this instrument; and
 (b) whether there is in force an arrangement of a kind mentioned in subsections 11(2) and (3) (recovering debts) of this instrument in relation to the person; and
 (c) the record of financial management of the person, and key individuals of the person, taking into account whether the person or individual has been:
 (i) bankrupt or insolvent; or
 (ii) placed under external administration; and
 (d) whether the person, or a key individual of the person, has been convicted of, or charged with, an offence, including an offence in relation to children, dishonesty or violence (subject to Part VIIC of the Crimes Act 1914); and
 (e) whether the person, or a key individual of the person, has engaged in a deliberate pattern of immoral or unethical behaviour.

Division 2—Ongoing policy and funding requirements for authorities and bodies

Subdivision A—Spending, or committing to spend, financial assistance