Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 25

Matters to be taken into account

25. Matters to be taken into account



(1) Subject to subsection (2), in carrying out a fit and proper person check
on a person, the Secretary may take into account all or any of the following
matters-





   (a)  whether the person has within the 10 years preceding the application
        been found guilty of an indictable offence against the person or an
        offence involving dishonesty, fraud or trafficking in drugs of
        dependence for which the maximum penalty exceeds 3 months
        imprisonment;

   (b)  whether the person has been found guilty of an offence against this
        Act or any corresponding previous Act or regulations;

   (c)  whether the person is not of sound financial reputation and stable
        financial background;

   (d)  whether the person is not of good repute having regard to character,
        honesty and integrity.

(2) The Secretary may take into account all or any of the matters referred to
in subsection (1)(a), (1)(b) or (1)(d) in carrying out a fit and proper person
check on a person who is nominated to manage or control a children's service
in the absence of the licensee.

(3) Nothing in this section limits the circumstances in which a person may be
considered not to be a fit and proper person-

   (a)  to operate a children's service; or

   (b)  in the case of a body corporate, to be the director or other officer
        of the body corporate who exercises or may exercise control over the
        operation of the children's service; or

   (c)  to manage or control a children's service in the absence of the
        licensee.