Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 23

Exception for certain nominees

23. Exception for certain nominees



(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 section 18(b)(iii) if the Secretary is
satisfied that-

   (a)  the applicant will be attending and managing or controlling the
        children's service on a daily basis; or

   (b)  if the applicant is a body corporate, at least one of the directors of
        the body corporate whom the Secretary has determined is a fit and
        proper person will be attending and managing or controlling the
        children's service on a daily basis; or

   (c)  more than one person has been nominated to manage or control the
        children's service and the person to whom the declaration relates will
        not have primary responsibility for managing or controlling the
        children's service.

(2) A person in respect of whom a fit and proper person check is not carried
out because of subsection (1) is an accepted nominee for the purposes of this
Act.

(3) The Secretary may revoke a person's acceptance as an accepted nominee
under this Part if the Secretary is satisfied that the person has ceased to be
a fit and proper person.