Fit and proper

Certain people at a child care service must be considered by us to be fit and proper to handle public money.

On this page:

What are the fit and proper requirements?

Providers, persons with management and control (PMOC) and persons responsible at the service must be considered by us to be ‘fit and proper’ to handle public money. This does not mean they have to be athletic!

Fit and proper means the person is:

  • competent – they have the skills, knowledge and experience needed to comply with Family Assistance Law
  • a good character – they are diligent, honest and have good judgement and integrity
  • law abiding – not disqualified by law from performing their role
  • free of conflicts of interest.

See who is considered a PMOC and person responsible at the service.

How is this determined?

Whether a person is fit and proper is determined based on Family Assistance Law (FAL).

FAL sets out the matters that must be considered, which include:

  • evidence of law-breaking
  • court proceedings and convictions or findings of guilt
  • past administrative decisions relating to a person’s suitability to be involved in child care
  • evidence of fraud or dishonesty
  • history of managing public funds
  • any past or current debts to the Commonwealth
  • record of financial management, including any instances of bankruptcy, insolvency or administration
  • potential conflicts of interest
  • any other matter relevant to the suitability of the provider and their staff
  • any other matter we consider relevant.

You must also show evidence that PMOCs have background checks. Learn about the mandatory background checks.