Variation or revocation of banning orders
73ZO Variation or revocation of banning orders
Variation or revocation of banning order
The Commissioner may vary or revoke a banning order, by giving written notice to the person against whom the order was made, if the Commissioner is satisfied that it is appropriate to do so.
The Commissioner may do so:
on his or her own initiative; or
on application by the person against whom the order was made.
Without limiting subsection (1), a variation of a banning order may involve imposing new conditions on the order or varying or removing existing conditions.
Process
An application under paragraph (2)(b) must:
be in writing; and
be in a form (if any) approved in writing by the Commissioner; and
include any information, and be accompanied by any documents, required by the Commissioner.
If the Commissioner proposes not to vary or revoke a banning order in accordance with an application lodged by a person under paragraph (2)(b), the Commissioner must give the person an opportunity to make submissions to the Commissioner on the matter.
The Commissioner must:
include in the written notice a statement of reasons for the variation or revocation of the order; and
if the variation or revocation relates to a person who is employed or otherwise engaged by an NDIS provider or is a member of the key personnel of an NDIS provider—notify the NDIS provider of the variation or revocation as soon as possible.
Application of variation or revocation of banning order
A variation or revocation of an order takes effect from the day specified in the order.
A variation or revocation of an order is not a legislative instrument.
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