Banning orders

Under the Aged Care Act, the Commissioner can give a banning order to a current or former provider, responsible person or aged care worker. A banning order stops or limits a person or provider from delivering, or being involved in the delivery of, funded aged care services. 

[Chapter 6 – Part 11]

Banning orders can: 

• apply for a set period of time or be permanent
• stop someone delivering services all together or only limit some services
• include other conditions, such as requiring a worker to take extra training. 

Issuing a banning order

The Commissioner must let the person or provider know before they make a banning order. This gives the person or provider time to respond. The Commissioner doesn’t need to give any notice if:

• they have cancelled the provider’s registration, or
• they have reason to believe there’s an immediate and severe risk to an older person.

Once a banning order has been made, the Commissioner will send a notice to the person it applies to. If the banning order is for a worker or responsible person, the Commissioner will also send a notice to the provider who employs them.

The Commissioner will only use banning orders for cases of serious misconduct. There are significant fines for not following a banning order. These fines show how important banning orders are to protect older people’s safety, health and wellbeing. 

Changing or cancelling a banning order

Someone who has received a banning order can apply to the Commissioner to have it changed or cancelled. The Commissioner can also independently make changes to or cancel a banning order, if they think it’s suitable.

Reasons for giving banning orders

The reasons or grounds for giving a banning order to a provider are different to those for a responsible person or an aged care worker. 

Grounds for a banning order against providers:

• The Commissioner has cancelled the provider’s registration.
• The Commissioner believes the provider has done, is doing, or is likely to do something that goes against the Aged Care Act.
• The Commissioner believes the provider has been, or is likely to be, involved in something that goes against the Aged Care Act which is done by another person or organisation.
• The Commissioner believes the provider isn’t suitable to deliver a specific service or services in general.
• The Commissioner believes there is a severe risk to an older person’s safety, health or wellbeing.
• The provider is insolvent – they can’t pay their debts – or has been convicted of a crime involving fraud or dishonesty.

Grounds for banning orders against aged care workers or responsible persons:

• The Commissioner believes the person isn’t suitable to be involved in delivery of services generally or certain types of services or activities.
• The Commissioner believes the person hasn’t followed, isn’t following or won’t follow the Code of Conduct.
• The Commissioner believes there is a severe risk to an older person’s safety, health or wellbeing if the worker continues to provide care.
• The person is insolvent or has been convicted of a crime involving fraud or dishonesty. 

Chapter 1 explains how to decide if someone is suitable to deliver care. It involves considering the worker’s past experience. It also means considering any past banning orders, offences, penalties, findings of fraud and similar issues.

Register of banning orders

[Chapter 6 – Part 11 – Division 3]

The Commissioner must have a register with information about any person or provider that has a banning order against them. The register must also record banning orders that no longer apply. For example, if the banning order ended after a set period of time. If a banning order has been cancelled or set aside – overturned – on review, it doesn’t have to be in the register.

The register records information to identify the person or provider. This includes their name and the details of the banning order. The Rules set out the full requirements for the register. The Commissioner can make the register, or parts of the register, available to the public. 

People or providers who have a banning order against them can make requests to the Commissioner. For example, they could ask for a copy of the information the Commissioner has about them or to correct information that isn't right.