Aged Care Act 2024

An entity against which a banning order has been made may apply to the Commissioner for variation or revocation of either the order or a condition to which the order is subject.

The application must:

be made in writing; and

be in a form approved by the Commissioner; and

be accompanied by any documents or information specified by the Commissioner.

After receiving the application, the Commissioner may vary or revoke the banning order or condition, or specify one or more new conditions to which the order is subject, if the Commissioner considers that it is appropriate in all the circumstances to do so.

If the Commissioner proposes not to vary or revoke the banning order or condition, or proposes to specify one or more new conditions to which the order is to be subject, the Commissioner must give the entity a written notice that:

sets out the reasons for the Commissioner’s proposal; and

invites the entity to make written submissions on the proposal to the Commissioner within:

14 days after receiving the notice; or

if a shorter period is specified in the notice—that shorter period; and

informs the entity that the Commissioner may decide to proceed with the proposal after the end of that period and considering any submissions made by the entity in accordance with the invitation.

The Commissioner must consider any submissions made by the entity in accordance with the invitation.

As soon as practicable after deciding whether to vary or revoke the banning order or a condition to which the order is subject, the Commissioner must give the entity a written notice that:

sets out the decision; and

sets out the reasons for the decision; and

if the order is varied or revoked—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 the day on which the variation takes effect; and

if a condition to which the order is subject is revoked—specifies the day on which the revocation takes effect; and

if the order is subject to new conditions—sets out the new conditions and specifies when they take effect; and

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