Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
233A Criteria for determining whether governing member of private training establishment is fit and proper person


For the purpose of determining under section 233(1)(a) whether a governing member of a private training establishment is a fit and proper person for that position, the Authority must give any weight that it considers appropriate to all of the following matters:


the person’s experience in the provision of education services (for example, any previous involvement in a registered private training establishment); and


whether the person was a governing member of a registered private training establishment that was closed, sold due to insolvency, or taken over; and


whether the person has been convicted of any offence involving fraud, violence, or dishonesty, or any offence under this Act or section 352 of the Immigration Act 2009; and


whether the person is a defendant in proceedings in respect of an offence described in paragraph (c); and


whether the person was adjudicated bankrupt under the Insolvency Act 2006 or the Insolvency Act 1967; and


whether the person is prohibited from being a director or promoter of, or from being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993; and


whether the person has failed to disclose any material conflict of interest as required under section 232D(2)(c)(i); and


any other matter that the Authority considers relevant.


If the applicant has had direct involvement in the provision of education services that have failed, the Authority must give the applicant an opportunity to explain why the risk of this occurring again is unlikely.

Section 233A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).