Suitability and eligibility of proposed appointee
86 Suitability and eligibility of proposed appointee
In deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters—
the nature of the registered service;
the reason for the appointment;
the services the person is to provide as administrator;
whether the person has a criminal history that would make the person unsuitable for appointment;
the person’s expertise or experience relevant to the appointment;
any conflict of interest that may arise in the course of the person acting as administrator;
any other relevant matter.
The following persons are ineligible for appointment—
a corporation;
a child;
an officer or employee of the department;
a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors;
a person who has been convicted within the previous 5 years of a disqualifying offence.
A person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person—
whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and
whether the person is a person mentioned in subsection (2)(b) to (d); and
whether the person has a criminal history and, if so, what the criminal history is.
Maximum penalty—
for an offence involving paragraph (c)—100 penalty units; or
otherwise—20 penalty units.
The person must give the advice by statutory declaration or on oath or affirmation if required by QCAT.
This Act’s bill:Explanatory memorandum
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