24 MayBroader definition of persons with management or control
Approved providers received an update from the Quality Assessment and Regulation Division (QARD) last week providing further clarity on the Person with Management or Control (PMC) definition. Starting from 1 July 2023, the definition of PMC in the National Law and the Children’s Services Act 1996 (CS Act) will be expanded.
The revised definition of PMC includes individuals who have authority, responsibility, or significant influence over:
- the planning, direction, or control of the activities or
- the delivery of the service.
This expanded definition encompasses individuals in executive or management roles, whether or not they are members of the governing body of the approved provider entity.
Additionally, a PMC may also be:
- a person external to the approved provider entity e.g. an employee of a third-party management company or a volunteer
- a person without a formal or contractual role who has significant influence over the planning, direction, or control of the activities or the delivery of the service.
Exclusions from PMC definition
Persons who have operational management roles in a service, such as a nominated supervisor, persons in day-to-day charge, or centre manager, would not meet the PMC definition simply by holding these roles within the service. To be considered as PMCs, individuals in these operational roles would also need to:
- participate in executive or financial decision-making of the approved provider entity, or
- have authority, responsibility, or significant influence over the planning, direction, or control of the activities or the delivery of the education and care service.
For example, if they are also a partner in a partnership, a director of a company, or an executive committee member of an incorporated association.
Further information
For further information on the change in the PMC definition click here.
