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We have the power through banning orders to stop or restrict people from being involved in providing aged care or specific activities as an aged care worker or governing person of an approved provider.
It can be given to a person who is, or was an aged care worker or governing person of an approved provider. And to a person who hasn't previously been involved in aged care.
A banning order can be given when a person:
- isn't suitable to be involved with or engaged in aged care
- didn't comply with the Code of Conduct that applies to them
- is an immediate or severe risk to the safety, health or well-being of one or more care recipients
- has at any time been convicted of an indictable offence involving fraud or dishonesty
- is an insolvent under administration.
A ban can be permanent or for a specific period. It can be general or only apply to specific types of aged care, or specific activities the person does. It can also have conditions applied. Banning orders are published on the Aged Care Banning Orders Register, which is public.
We update the register as banning orders are made. If an order or condition of the order is varied or revoked, the register will reflect this.
The register is regularly reviewed to make sure that information is accurate.
Apply to vary or revoke a banning order
If you have a banning order made against you and want to apply to change it, use these forms.
Your right to apply to change a banning order or a condition of an order, is separate from your right to apply for reconsideration of a decision to make a banning order.
Applying for reconsideration
If you have requested we reconsider our decision about the banning order on you and we haven't yet made a decision about your request, we will update the banning orders register to note this.
If you're not satisfied with the outcome of that reconsideration application, you can seek a review of the decision by the Administrative Appeals Tribunal (AAT).
Where a banning order is varied the Register of Banning Orders will be updated to reflect the variation.
Where a banning order is revoked or set aside, the entry in the Register of Banning Orders will be removed.
Approved provider pre-employment checks
Approved providers should check the Register of Banning Orders to see if a potential employee has a banning order made against them.
Regulatory Bulletin on Banning Orders
We have released a Regulatory Bulletin to provide guidance on banning orders, the circumstances in which we will make a banning order and the approach that will be taken when deciding whether or not to do so. It includes information on the consequences of breaching a banning order, variation and revocation of banning orders and publication of information on banning orders.
Read the current Regulatory Bulletin on Banning Orders.
Banning Orders
Download the Register of banning orders
Banning Orders CSV file
The banning orders table is available as a CSV file. Download the banning orders table CSV file.
More information
- The Compliance and Enforcement Policy explains our approach to compliance and enforcement.
- Visit our Code of Conduct page.
