496Privilege against self‑incrimination not abrogated

496  Privilege against self‑incrimination not abrogated

 (1) Nothing in this Division affects the right of a person to refuse to answer a question, give information or give a document or a copy of a document on the ground that answering the question, giving the information or giving the document might tend to incriminate the person.

 (2) The fact that this section is included in this Division does not imply that the privilege against self‑incrimination is abrogated in any other Act.

Part 11—Banning orders

Division 1—Making banning orders

497  Banning orders on current and former registered providers

 (1) 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:

 (a) delivery of funded aged care services generally;

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

Note: 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.

 (2) 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.

 (3) 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.

Grounds for banning order

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

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

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

 (c) 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

 (d) 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

 (e) 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