Aged Care Act 2024

The Commissioner may, on the Commissioner’s own initiative, vary or revoke a banning order made against an entity if the Commissioner considers that it is appropriate in all the circumstances to do so.

Without limiting subsection (1), the Commissioner may in varying a banning order do either or both of the following:

vary, or revoke, a condition to which the order is subject;

specify one or more new conditions to which the order is to be subject.

If the Commissioner decides to vary or revoke a banning order made against an entity, the Commissioner must, as soon as is practicable, give the entity a written notice that:

sets out the decision; and

sets out the reasons for the decision; and

specifies the day on which the variation or revocation takes effect; and

if a condition to which the order is subject is varied—sets out the condition as varied; and

specifies any conditions to which the order was subject that have been revoked; and

specifies any new conditions to which the order is subject; and

states how the entity may apply for reconsideration of the decision.

If the Commissioner gives a notice under subsection (3) to an aged care worker, or responsible person, of a registered provider, the Commissioner must give the provider a copy of the notice as soon as is practicable.