Aged Care Act 2024

The Commissioner may, by written notice, make an order (the banning order) prohibiting or restricting either of the following by an entity that is or was a registered provider:

delivery of funded aged care services generally;

delivery of funded aged care services in a specified service type.

Before making the banning order, the Commissioner needs to give the entity notice of the intention to make the order and allow the entity to comment, except in certain circumstances: see section 499.

However, the banning order cannot prohibit or restrict delivery of funded aged care services in a specified service type if the entity is registered as a registered provider in a provider registration category because the entity intended to deliver funded aged care services in that service type.

Subsection (2) does not apply if the Commissioner imposes a condition on the registration of the registered provider which has the effect that the registered provider may not deliver the funded aged care services in the specified service type.

The Commissioner may make an order under subsection (1) only if:

the Commissioner has revoked the registration of the entity as a registered provider; or

the Commissioner reasonably believes that the entity has contravened, is contravening, or is likely to contravene this Act; or

the Commissioner reasonably believes that the entity has been involved in, or is likely to become involved in, a contravention of this Act by another entity; or

if the order is to prohibit or restrict the delivery of funded aged care services generally by the entity—the Commissioner reasonably believes that the entity is unsuitable to deliver funded aged care services generally; or

if the order is to prohibit or restrict the delivery of funded aged care services in a specified service type—the Commissioner reasonably believes that the entity is unsuitable to deliver funded aged care services in that service type; or

if the entity is a registered provider—the Commissioner reasonably believes that there is a severe risk to the safety, health or wellbeing of an individual accessing funded aged care services if the entity continues to be a registered provider; or

the entity is convicted of an offence involving fraud or dishonesty; or

the entity becomes an insolvent under administration.

In considering whether an entity is unsuitable as described in paragraph (4)(d) or (e), the Commissioner must have regard to the matters referred to in paragraph 109(1)(b). This does not limit the matters to which the Commissioner may have regard in that consideration.