498Banning orders on individuals as aged care workers and responsible persons

498  Banning orders on individuals as aged care workers and responsible persons

 (1) The Commissioner may make an order (the banning order) prohibiting or restricting the involvement of an individual, as either an aged care worker, or a responsible person, of a registered provider, in:

 (a) delivery of funded aged care services generally; or

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

 (c) a specified activity of a registered provider.

Note: Before making the banning order, the Commissioner needs to give the individual notice of the intention to make the order and allow the individual to comment, except in certain circumstances: see section 499.

Grounds for banning order

 (2) The Commissioner may make an order under subsection (1) affecting an individual (the affected individual) only if:

 (a) if the order is to prohibit or restrict the involvement of the affected individual in the delivery of funded aged care services generally—the Commissioner reasonably believes that the individual is unsuitable to be involved in the delivery of funded aged care services generally; or

 (b) if the order is to prohibit or restrict the involvement of the affected individual in the delivery of funded aged care services in a specified service type—the Commissioner reasonably believes that the individual is unsuitable to be involved in the delivery of funded aged care services in that type; or

 (c) if the order is to prohibit or restrict the involvement of the affected individual in a specified activity of a registered provider—the Commissioner reasonably believes that the individual is unsuitable to be involved in the activity; or

 (d) the affected individual is or was an aged care worker, or a responsible person, of a registered provider and any of the following applies:

 (i) the Commissioner reasonably believes that the affected individual did not comply, is not complying or is not likely to comply with the Aged Care Code of Conduct that applies or applied to the individual;

 (ii) the Commissioner reasonably believes there is a severe risk to the safety, health or wellbeing of one or more individuals accessing funded aged care services if the affected individual is involved, or continues to be involved, in a matter to which the order is to relate;

 (iii) the individual has at any time been convicted of an indictable offence involving fraud or dishonesty;

 (iv) the individual is an insolvent under administration.

Matters affecting individual’s suitability

 (3) In considering whether an individual is unsuitable as described in paragraph (2)(a), (b) or (c), the Commissioner must have regard to the suitability matters. This does not limit the matters to which the Commissioner may have regard in that consideration.