by: Michelle Mosiere
Fitness and propriety can change. This means that Fit and Proper declarations can become outdated at best and inaccurate at worst from one TEQSA registration period to the next. Equally, Fit and Proper determinations are point-in-time decisions that need to be reviewed and updated as a natural part of a higher education provider’s governance hygiene.
Why?
Simple. It is a legislative requirement.
Who?
Those persons, who make or participate in making decisions that affect the whole – or a substantial part – of a provider’s affairs, need to be fit and proper.
Where?
Subsection 25A of the TEQSA Act provides ‘fitness and propriety’ as a condition of registration and this legislative requirement extends to:
- initial provider registration under paragraph 21(1)(b) of the TEQSA Act
- provider re-registration under paragraph 36(1)(b) of the TEQSA Act, and
- CRICOS (re-)registration under sections 7A, 10E and 10G of the ESOS Act.
What?
Several resources are available to inform corporate governing bodies on what it means to be fit and proper. TEQSA’s Guide to determining the fitness and propriety of a person is a good starting point. DVE’s Fit and Proper Person Process offers a simple and practical way to implement good practice.
When?
Fit and Proper Person Declarations need to be completed and submitted with applications for registration and renewal of registration.
DVE recommends reviewing these declarations every two years, if using our Fit and Proper Person Checklist and implementing other steps in our suggested process.
How?
DVE tailors governance workshops to our clients’ needs and provides induction training for new board/council members. We are launching 2025 with a free governance webinar that will speak to this with further details to be released early next year. Please contact us via info@dvesolutions.com.au for more information on how DVE can support your governance needs.
