ACE
Provider Approval

Fit and proper person assessment

ACECQA GuideGuide to the NQF — Provider and Service Approval

ACE is an education and exam preparation tool, not legal advice. Always verify obligations against current legislation and official NSW Regulatory Authority guidance.

Fit and proper person assessment

The fit and proper assessment is designed to protect children by testing whether the applicant and relevant people can be trusted to operate an approved service. It is broader than a criminal record check. NSW may look at honesty, prior compliance, financial management, child safety awareness and whether the person has previously been involved in cancelled, suspended or poorly performing services.

For revision, turn Fit and proper person assessment 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:

  • The assessment applies to individuals and to relevant people behind an entity applicant.
  • Working with Children Check status is important in NSW but is not the whole assessment.
  • Past enforcement action, bankruptcy, false statements or child safety concerns can be relevant.
  • The applicant must provide accurate information and update changes when circumstances change.
  • The authority can refuse approval if not satisfied about fitness and propriety.

Exam tip: Avoid saying "clear police check equals approval"; fitness and propriety is a wider judgement.

Source focus: National Law fit and proper provisions, ACECQA PA application guidance and NSW WWCC context.