Fit and Proper/Responsible Persons Policy

Status


Approved

This policy and procedure is required to ensure that personnel recruited to key administrative positions in the College, or to the Governing Board of the College. are fit and proper persons to conduct their delegated responsibilities within the College.

The policy and procedure is also required to ensure ongoing compliance with Chapter One, Provider Registration Standards of the Higher Education Standards...

Public
visibility
Approved on: 27 Jun 2013
Review cycle: 3 Years
Owned by

Operations

Approved by

College Board

Category: 
Policy Contact: 
Chief Operations Officer
Background: 

Applications for registration or re-registration as a Higher Education Provider (HEP) with TEQSA, or as a Registered Training Organisation (RTO) with ASQA/VRQA require evidence that appointments to key administrative positions within the College or to the Governing Board are fit and proper persons.

Purpose: 

This policy and procedure is required to ensure that personnel recruited to key administrative positions in the College, or to the Governing Board of the College. are fit and proper persons to conduct their delegated responsibilities within the College.

The policy and procedure is also required to ensure ongoing compliance with Chapter One, Provider Registration Standards of the Higher Education Standards Framework.

Scope: 

This policy and procedures relates to any person who is being considered as an appointment to the Governing Board or its Sub-Committees, or the positions of Principal or Chief Operations Officer of the College.

Statement: 

Within the College administration, this policy shall relate specifically to the following Administrative positions:

  • the Principal of the College; and
  • the Chief Operations Officer.

Within the Governing Board, this policy and procedure shall relate specifically to the following Board/Sub-Committee members:

  • The Chairperson of the Governing Board; and
  • The Treasurer and/or Chair of the Finance and Audit Sub-Committee.

This policy and procedure shall also apply to any future Governing Board Members or Administrative Staff Members who are delegated responsibilities for decision making which substantially or materially impact the operations or welfare of the College.

In addition to the general recruitment activities conducted by the Governing Board to fill vacant administrative positions, or to attract to the Governing Board or its Sub-Committees members who have demonstrated skill and experience in business, corporate management or education, the Chairperson of the Board shall, prior to an offer of appointment being made, arrange for the candidate to complete a Fit and Proper Persons Declaration.

This declaration shall include the following details:

  • The full name of the candidate;
  • The position in the Governing Body or the College administration which the candidate will fill;
  • A brief statement of the primary responsibilities of the position;
  • The address of the candidate;
  • Details of any convictions for an offence against a law of the Commonwealth or of a State or Territory;
  • Details of any breach of conditions of any previous employment or appointment protocols with respect to previous employment or service as a key personnel member or governing body member;
  • Details of any act of professional misconduct;
  • Details of any bankruptcy, or application to take the benefit of a law for the benefit of bankrupt or insolvent debtors, compounded with your creditors or assigned your remuneration for the benefit of creditors;
  • Details of any disqualification from managing corporations under Part 2D.6 of the Corporations Act 2001;
  • Details of any false or misleading information provided to a state or registering body, or any false statement made to such a state or registering body;
  • Details of any failure to meet the fit and proper person requirements for the purposes of the National Vocational Education and Training Regulation Act 2011;
  • Details of any mater which could lead to a public lack of confidence in your ability, or that of the College, to provide or assess educational qualifications; and
  • Details of any experience as a Governing Board Member or Board Sub-Committee Member of an educational institution, or as a key administrative person of an educational institution.

The declaration shall include the words: “The material in this document is true and correct to the best of my knowledge and belief. I understand that giving false or misleading information is a serious offence.”

The Governing Board may, at its discretion, use the following forms to collect the above required information:

  • Fit and Proper Person Requirements Declaration, of the Application for Registration or Renewal of a Higher Education Provider (TEQSA); and/or
  • Fit and Proper Persons Requirements Declaration, of the Application of the Application for Registration or Renewal of a Registered Training Organisation (ASQA).