Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 513

Considering application

             (1)  In deciding whether the official is a fit and proper person, the FWC must take into account the following permit qualification matters :

                     (a)  whether the official has received appropriate training about the rights and responsibilities of a permit holder;

                     (b)  whether the official has ever been convicted of an offence against an industrial law;

                     (c)  whether the official has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

                              (i)  entry onto premises; or

                             (ii)  fraud or dishonesty; or

                            (iii)  intentional use of violence against another person or intentional damage or destruction of property;

                     (d)  whether the official, or any other person, has ever been ordered to pay a penalty under this Act or any other industrial law in relation to action taken by the official;

                     (e)  whether a permit issued to the official under this Part, or under a similar law of the Commonwealth (no matter when in force), has been revoked or suspended or made subject to conditions;

                      (f)  whether a court, or other person or body, under a State or Territory industrial law or a State or Territory OHS law, has:

                              (i)  cancelled, suspended or imposed conditions on a right of entry for industrial or occupational health and safety purposes that the official had under that law; or

                             (ii)  disqualified the official from exercising, or applying for, a right of entry for industrial or occupational health and safety purposes under that law;

                     (g)  any other matters that the FWC considers relevant.

             (2)  Despite paragraph 85ZZH(c) of the Crimes Act 1914 , Division 3 of Part VIIC of that Act applies in relation to the disclosure of information to or by, or the taking into account of information by, the FWC for the purpose of making a decision under this Part.

Note:          Division 3 of Part VIIC of the Crimes Act 1914 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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