Banning orders

On this page:

Request for reconsideration of a banning order decision
Apply to vary or revoke a banning order
Regulatory Bulletin on banning orders
Banning orders register
More information

A banning order prohibits or restricts a person from being involved in the provision of any type of aged care or specified types of aged care, or from engaging in specified activities as an aged care worker or governing person of an approved provider. It can be given to a person who is, was, or has never been an aged care worker or governing person of an approved provider.

A banning order can be made for one or more reasons, including 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 and updated when there has been a change made to a banning order. The register is regularly reviewed for accuracy. Approved providers should regularly check the register:

to see if one of their current or potential workers or a governing person has a banning order made against them
for any variations to a banning order or condition of a banning order that may affect one of their workers or governing persons.

Request for reconsideration of a banning order decision

If a banning order is made against you, or we decided not to vary or revoke a banning order against you, you may request that the Commission reconsider the decision.

Your request must:

be made in writing
set out the reasons for the request
be given to us within 14 days from when you are notified of the decision.

Requests for reconsideration can be made to: reconsideration@agedcarequality.gov.au.

We will update the banning order register to reflect that a request for reconsideration has been made, and a decision is pending. The banning order will remain in force unless a decision to change the banning order is made.

In response to a request for reconsideration of a banning order decision, the banning order may be:

affirmed. This means the original banning order decision remains, and the information about the reconsideration will be removed from the register
varied. This means the Register of Banning Orders will be updated to reflect the variation
set aside and a decision not to make a banning order is substituted. This means the entry in the Register of Banning Orders will be removed.

If you're not satisfied with the reconsideration decision we make, you can seek a review of the decision by the Administrative Review Tribunal (ART) within 28 days from when you receive the reconsideration decision. We will update the banning orders register to note this for the duration of the ART review. The banning order will remain in force unless a decision to change the banning order is made.

For more information about how to request reconsideration of reviewable decisions and applying to the ART for review of reconsideration decisions, refer to our Regulatory Bulletin on reconsideration of reviewable decisions.

Apply to vary or revoke a banning order

You can also apply to have a banning order revoked, or to have it varied. You can apply for a revocation or variation using these forms:

Your right to apply to have a banning order or a condition of an order revoked or varied is separate from your right to apply for reconsideration of a decision to make a banning order.

We will update the banning order register to reflect that an application to vary or revoke the order has been made, and a decision is pending. The banning order will remain in force unless a decision to change the banning order is made.

Regulatory Bulletin on banning orders

We have published 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 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 Regulatory Bulletin on banning orders.