CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 70 Offence—ongoing duty to update suitability information

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 70

    (1)     This section applies to an entity if—

        (a)     either—

              (i)     the director-general is deciding whether the entity is a suitable entity for a stated purpose; or

              (ii)     the director-general has decided that the entity is a suitable entity for a stated purpose and the entity is exercising functions for the purpose; and

        (b)     the entity has given the director-general suitability information about the entity.

Note     Suitability information is defined in s 65.

    (2)     The entity commits an offence if—

        (a)     the entity's suitability information under section 65 (1), definition of "suitability information", paragraph (a), (b) or (c) changes; and

        (b)     the entity does not tell the director-general about the change as soon as practicable, but not later than 7 days after the change happens.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     The entity commits an offence if—

        (a)     the director-general gave the entity written notice that the suitability information under section 65 (1), definition of "suitability information", paragraph (d) was being considered in deciding whether the entity was a suitable entity; and

        (b)     the entity becomes bankrupt or personally insolvent; and

        (c)     the entity does not tell the director-general about becoming bankrupt or personally insolvent as soon as practicable, but not later than 7 days after becoming bankrupt or personally insolvent.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

    (4)     The entity commits an offence if—

        (a)     the director-general gave the entity written notice that the suitability information under section 65 (1), definition of "suitability information", paragraph (e) was being considered in deciding whether the entity was a suitable entity; and

        (b)     any of the following occurs:

              (i)     a court convicts the entity, or finds the entity guilty, of an offence involving fraud or dishonesty;

Example

A conviction, or finding of guilt, against the entity under the Criminal Code

, ch 3 (Theft, fraud, bribery and related offences).

              (ii)     a tribunal, or an authority or person with the power to require the production of documents or the answering of questions, makes a finding against the entity about its honesty or integrity; and

        (c)     the entity does not tell the director-general about the finding as soon as practicable, but not later than 7 days after the finding is made.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note     Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act

, s 180).