Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 223

    (1)     For this part, a person is an eligible person if—

        (a)     the Minister is satisfied on reasonable grounds that the person is a suitable person to hold a licence; and

        (b)     if the person is an individual—the individual has not been involved in a disqualifying act; and

        (c)     if the person is in a partnership that is to operate a private psychiatric facility—each person in the partnership has not been involved in a disqualifying act; and

        (d)     if the person is a corporation—the corporation and each person involved in the management of the corporation has not been involved in a disqualifying act.

    (2)     In this section:

"disqualifying act"—a person has been involved in a disqualifying act if the person has in the last 5 years, whether in the ACT or elsewhere—

        (a)     contravened a provision of this Act; or

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

        (b)     contravened a condition of a licence issued under this Act; or

        (c)     been convicted, or found guilty, of an offence involving fraud or dishonesty, or punishable by imprisonment for at least 1 year; or

        (d)     been bankrupt or personally insolvent; or

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

        (e)     been involved in the management of a corporation when the corporation became the subject of a winding-up order or a controller or administrator was appointed.