The Commission has a range of tools and powers to deal with behaviour that is inconsistent with the Code of Conduct for Aged Care (the Code), and to respond to providers who fail to take reasonable steps to ensure their workers and governing persons comply with the Code.
Read the current Regulatory Bulletin on Banning Orders
A banning order is a form of enforcement action which prohibits or restricts a person from engaging in, providing or being involved in the provision of aged care. This order may ban a person permanently or for a specified period.
Banning orders are considered the Commission’s most serious enforcement action in relation to individuals and will therefore only be appropriate for the most serious cases of poor conduct of an individual or when an individual is not suitable to be involved or engaged in aged care.
Individuals who have been given a banning order may apply to the Commission to vary or revoke that order or a condition of that order. Applications for variation and revocation are made using the Commission’s forms for varying or revoking a banning order or varying or revoking a condition of a banning order. An individual’s right to apply to vary or revoke a banning order or a condition of an order, is separate to their right to apply for reconsideration of a decision to make a banning order.
Aged Care Banning Orders Register (the Register)
The Register will be maintained with information relating to individuals against whom the Commission has made a banning order. The information will include at a minimum, an individual’s name, place of residence (at State/Territory, suburb and postcode level) and details of their banning order.
The Register will be updated as banning orders are made and if the Commission later decides to vary or revoke the banning order (or any conditions of the banning order). The Register will also be regularly reviewed to ensure that information is accurate, up to date, complete and not misleading.
- Refer to the Commission’s Compliance and Enforcement Policy for more information on the Commission’s approach to compliance and enforcement, including use of its regulatory powers and procedural fairness.