74GFVariation or revocation of a banning order etc. on the Commissioner’s own initiative

74GF Variation or revocation of a banning order etc. on the Commissioner’s own initiative

(1) The Commissioner may, on the Commissioner’s own initiative, vary or revoke a banning order made against an individual if the Commissioner is satisfied that it is appropriate to do so. (2) Without limiting subsection (1), the Commissioner may in varying a banning order do either or both of the following: (a) vary, or revoke, a condition to which the order is subject; (b) specify one or more new conditions to which the order is to be subject. (3) If the Commissioner decides to vary or revoke a banning order made against the individual, the Commissioner must, as soon as is practicable, give the individual a written notice that: (a) sets out the decision; and (b) sets out the reasons for the decision; and (c) specifies the day on which the variation or revocation takes effect; and (d) if a condition to which the order is subject is varied—sets out the condition as varied; and (e) specifies any conditions to which the order is subject that have been revoked; and (f) specifies any new conditions to which the order is to be subject; and (g) states how the individual may apply for reconsideration of the decision. (4) If the Commissioner gives a notice under subsection (3) to an individual who is an aged care worker, or a governing person, of an approved provider, the Commissioner must, as soon as is practicable, give the provider a copy of the notice. (5) A variation or revocation of a banning order is not a legislative instrument.