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AGED CARE ACT 1997 - SECT 10A.1

Meaning of disqualified individual

             (1)  For the purposes of this Act, an individual is a disqualified individual if:

                     (a)  the individual has been convicted of an indictable offence; or

                     (b)  the individual is an insolvent under administration; or

                     (c)  the individual is of unsound mind.

             (2)  In this section:

"indictable offence " means:

                     (a)  an indictable offence against a law of the Commonwealth or of a State or Territory; or

                     (b)  an offence that:

                              (i)  is an offence against a law of a foreign country or of a part of a foreign country; and

                             (ii)  when committed, corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

"insolvent under administration " has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .

             (3)  Paragraph (1)(a) applies to a conviction, whether occurring before, at or after the commencement of this section.

             (4)  For the purposes of this section, an individual who is one of the * key personnel of an applicant under section 8-2 is taken to be of unsound mind if, and only if, a registered medical practitioner has certified that he or she is mentally incapable of performing his or her duties as one of those key personnel.

             (5)  For the purposes of this section, an individual who is one of the * key personnel of an approved provider is taken to be of unsound mind if, and only if, a registered medical practitioner has certified that he or she is mentally incapable of performing his or her duties as one of those key personnel.

             (6)  This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).



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