s 5A

Meaning of person with management or control

In force

For the purposes of this Law, each of the following persons is a person with management or control of an education and care service —

(a)

if the provider or intended provider of the service is a body corporate —

(i)

an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)

any other person who —

(A)

is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)

has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(b)

if the provider or intended provider of the service is an eligible association —

(i)

each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)

any other person who —

(A)

is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)

has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(c)

if the provider or intended provider of the service is a partnership —

(i)

each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and

(ii)

any other person who —

(A)

is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(B)

has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;

(d)

in any other case, any person who —

(i)

is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or

(ii)

has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.

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