Persons with management or control
A person with management or control is a key person who can influence the provider's decisions or the delivery of the service. For companies this commonly includes directors, influential officers and people who make strategic or financial decisions about education and care operations. NSW assesses these people because provider approval is about real control, not only the name on the application form.
For revision, turn Persons with management or control into a scenario: identify the child safety risk, the approved provider's duty, the record or evidence needed, and the escalation step. Where the topic involves daily operations, test what a responsible person or nominated supervisor would do immediately and what provider governance would check afterwards.
Key points:
- They are considered in fitness and propriety checks for provider approval and ongoing notifications.
- A person may be captured because of authority, influence, voting power or operational control.
- Changes to these people must be notified within required timeframes through the NQA ITS.
- The authority may examine compliance history, criminal history, insolvency, honesty and capability.
- Hidden control or failure to disclose relevant people is a major risk in the knowledge assessment.
Exam tip: When a scenario names an investor, director or decision-maker, ask whether they actually control the service.
Source focus: National Law definitions and provisions for persons with management or control, ACECQA guidance and NSW provider approval forms.