control over the operation of the children's service is a fit and proper person; and (c) any person nominated by the applicant to manage or control the children's service in the absence of the licensee is a fit and proper person. S. 22A inserted by No. 80/2011 s. 17. 22A Exception for approved providers and certified supervisors (1) The Secretary is not required to carry out a fit and proper person check in respect of the following persons— (a) a person who is an approved provider or a certified supervisor; (b) a person who is a person with management or control of an education and care service operated by an approved provider. (2) A person in respect of whom a fit and proper person check is not carried out because of subsection (1) is accepted as a fit and proper person for the purposes of this Part. (3) The Secretary may revoke a person's acceptance as a fit and proper person under this section if the Secretary is satisfied that the person has ceased to be a fit and proper person. S. 23 substituted by No. 22/2008 s. 8. 23 Exception for certain nominees s. 23 S. 23(1) amended by No. 80/2011 s. 18. (1) The Secretary is not required to carry out a fit and proper person check of a person who has been nominated by the applicant and in respect of whom the applicant has made a declaration under
S. 42 amended by No. 22/008 s. 26. 42 Protection against self-incrimination It is a reasonable excuse for an individual to refuse to answer an authorised officer's question or produce information to an authorised officer if the requirement is made by the authorised officer for the purpose of determining whether that individual has committed an offence. Division 2—Non-complying services S. 42A inserted by No. 22/2008 s. 27. 42A Power of Secretary to obtain information, documents and evidence S. 42A(1AA) inserted by No. 80/2011 s. 46(1). (1AA) This section applies to every person who is or has been— (a) a licensee of a children's service; (b) an approved provider of an approved associated children's service; (c) a nominee or a staff member of a children's service. S. 42A(1) amended by Nos 22/2008 s. 28, 80/2011 s. 46(2). (1) If the Secretary believes that a person to whom this section applies is capable of providing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of section 26, 27 or 28, the Secretary may, by notice in writing, require that person— s. 42A S. 42A(1)(a) substituted by No. 80/2011 s. 46(3). (a) to provide to the Secretary, within the time and in the manner specified in the notice, that information by writing— (i) signed by that person; or (ii) in the case of a body corporate, signed by the person who is or was nominated by the licensee to represent the licensee
(a) of that proposal; and (b) that the person may seek review of that proposal under section 54A. S. 53B(3) amended by No. 80/2011 s. 53(3). (3) Information published under this section must not include information that could identify or lead to the identification of a person other than a licensee or an approved provider of an approved associated children's service. S. 53C inserted by No. 22/2008 s. 33. s. 53C 53C Disclosure of information to other authorities (1) The Secretary may provide the following information relating to a children's service to a Government Department or public authority or municipal council or equivalent body in another jurisdiction for a purpose relating to the health, safety and wellbeing of children or the operation of children's services— (a) statistical information in relation to licences; S. 53C(1)(ab) inserted by No. 80/2011 s. 54(1). (ab) statistical information in relation to service approvals to the extent that they relate to approved associated children's services; (b) information about the performance of children's services in complying with their obligations under this Act; (c) actions taken and the results of actions taken under this Act in respect of children's services. (2) The Secretary may, for a purpose relating to the health, safety and wellbeing of children, provide any information that the Secretary reasonably believes shows a contravention of any other Act or regulations made under any other Act by a children's service to a Government Department or public authority or municipal council or equivalent body in another jurisdiction.