Fit and Proper Persons Policy
This policy and procedure is required to ensure that personnel recruited to key administrative positions in the College, or to the Governing Board of Eastern College Australia 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.
In 2017, the Tertiary Education Quality and Standards Agency Act 2011 (the Act) was amended to include a ‘fit and proper person’ requirement at provider registration and renewal of registration, and as an ongoing condition of registration as a higher education provider.
This requirement is located in the following provisions of the TEQSA Act:
- Paragraph 21(1)(b) provides that TEQSA may grant an application for registration if it is satisfied that the applicant, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the applicant’s affairs, is a fit and proper person.
- Paragraph 36(1)(b) contains an identical provision with respect to renewal of registration.
- Subsection 25A provides that a registered higher education provider, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the provider’s affairs, must be a fit and proper person. This is a condition of registration.
The objects of the Act include, among other considerations, the protection and enhancement of Australia’s reputation for quality higher education and training services and to protect students undertaking, or proposing to undertake, higher education in Australia by requiring the provision of quality higher education. These considerations underpin TEQSA’s regulatory activities and inform the way in which fitness and propriety is assessed by TEQSA.
Consequently, 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.
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 Executive Principal or Chief Operations Officer or administrative staff members who are delegated responsibilities for decision making which substantially or materially impact the operations or welfare of the College.
- the Principal of the College; and
- the Chief Operations Officer.
- The Chairperson of the Governing Board; and
- The Treasurer and/or Chair of the Finance and Audit Sub-Committee.
- 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.
- 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).