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Aged care Register of banning orders

The Aged Care Quality and Safety Commissioner (Commissioner) may make a banning order against an individual where:

  • the Commissioner reasonably believes that the individual did not comply, is not complying or is not likely to comply with a requirement of the Code of Conduct that applies or applied to the individual; or
  • the Commissioner reasonably believes that the individual is not suitable to be involved, or to continue to be involved, in the provision of any type of aged care or the specified types of aged care or to engage, or to continue to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or
  • the Commissioner reasonably believes that there is an immediate or severe risk to the safety, health or well-being of one or more care recipients if the individual is involved or continues to be involved in the provision of any type of aged care or specified types of aged care; or engages or continues to engage in specified activities as an aged care worker or as a governing person of the approved provider; or
  • the individual has at any time been convicted of an indictable offence involving fraud or dishonesty; or
  • the individual is an insolvent under administration.

A banning order may be made against an individual who is or was an aged care worker or a governing person of an approved provider or against an individual who has never been an aged care worker or a governing person.  The effect of a banning order is that the individual against whom it is made is either permanently or for a specified period of time prohibited or restricted from providing any type of aged care or specified types of aged care or from engaging in specified activities as an aged care worker or a governing person of an approved provider.

Section 74GI provides that the Commissioner must establish and maintain a Register of Banning Orders and sets out information that must be included in the Register.  Banning orders that are no longer in force are included in the Register except where the banning order has been revoked or set aside.

An individual against whom a banning order is made may make an application to the Commissioner to have the decision to make the banning order reconsidered or to have the banning order revoked or varied.  Where an individual is not satisfied with the outcome of that reconsideration application the individual may seek a review of the reconsideration decision by the Administrative Appeals Tribunal (AAT).  Where an individual has made an application for reconsideration of a reviewable decision to the Commissioner or a review of a reconsideration decision to the AAT and that application has not yet been finally determined the Register of Banning Orders will be amended to indicate that such an application has been made but has not yet been determined.  Where a banning order is varied the Register of Banning Orders will be amended to reflect the variation.  Where a banning order is revoked or set aside the entry in the Register of Banning Orders will be removed.

In addition to whatever arrangements an approved provider has in place to ensure that existing staff advise the provider if a banning order is made against them, an approved provider should, in conjunction with its other pre-employment processes, make a check of the Register of Banning Orders to identify whether an individual that the approved provider proposes to employ or otherwise engage has had a banning order made against them.

For more information about banning orders, refer to Regulatory Bulletin RB 2022-16 Banning orders.

Banning Orders table

In force

Banning Orders – section 74GI

Full name  Australian Business Number (if any) Suburb, State/Territory and Postcode Details of the Banning Order
Bobbie Joanne ALBERTELLA

Also known as

Bobbie Joanne WEBB

N/A Kelso, QLD 4815 On 31 December 2022 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Bobbie Joanne Albertella from being involved in the provision of any type of aged care, effective from 5:00 pm on 1 January 2023.
Varsha YADAV N/A Alfredton, VIC 3350 On 30 January 2023 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that prohibits Varsha Yadav from being involved in the provision of any type of aged care for a period of 5 years, effective from 5:00 pm on 31 January 2023.
Jacob Anthony HOYSTED N/A Orana, WA 6330 On 1 February 2023 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that prohibits Jacob Anthony Hoysted from being involved in the provision of any type of aged care for a period of 2 years, effective from 5:00 pm on 3 February 2023.
Mark Anthony BARRY N/A Caboolture, QLD 4510 On 14 February 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Mark Anthony Barry from being involved in the provision of any type of aged care, effective from 5:00 pm on 18 February 2023.
Joyce Paran MOSCA N/A Yass, NSW 2582 On 22 February 2023 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that prohibits Joyce Paran Mosca from being involved in the provision of any type of aged care for a period of 2 years, effective from 5:00 pm on 28 February 2023.
Glen AKIN N/A Officer South, VIC 3809 On 1 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Glen Akin from being involved in the provision of any type of aged care, effective from 5:00 pm on 7 March 2023.
Christopher Palmares SY 63 519 622 954  Cessnock, NSW
2325
On 3 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Christopher Palmares Sy from being involved in the provision of any type of aged care, effective from 5:00 pm on 7 March 2023.
Adam LEDGERWOOD N/A Nowra Hill, NSW 2541 On 7 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Adam Ledgerwood from being involved in the provision of any type of aged care, effective from 5:00 pm on 10 March 2023.
Armand Lutula WEMA 92 650 741 494 Casuarina, WA 6167 On 9 March 2023 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that prohibits Armand Lutula Wema from being involved in the provision of any type of aged care for a period of 2 years, effective from 5:00 pm on 10 March 2023.
Jayson Wayne GAVENLOCK 42 731 405 087 Baldivis, WA 6171 On 13 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Jayson Wayne Gavenlock from being involved in the provision of any type of aged care, effective from 5:00 pm on 14 March 2023.
Daniel Sasulu NUUMAALII N/A Umina Beach, NSW 2257 On 14 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Daniel Sasulu Nuumaalii from being involved in the provision of any type of aged care, effective from 5:00 pm on 15 March 2023.
Patricia Rosanna TIRIMACCO N/A Magill, SA 5072 On 15 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Patricia Rosanna Tirimacco from being involved in the provision of any type of aged care, effective from 5:00 pm on 16 March 2023.
Mohammad Ali Mahmoud SALLAM N/A Berkshire Park, NSW 2756 On 15 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Mohammad Ali Mahmoud Sallam from being involved in the provision of any type of aged care, effective from 5:00 pm on 17 March 2023.
Batista Nderitu GITONGA 51 341 271 009 Blair Athol, SA 5048 On 20 March 2023 a banning order was made under section 74GB(1) of the Aged Care Quality and Safety Commission Act 2018 that prohibits Batista Nderitu Gitonga from being involved in the provision of any type of aged care for a period of 2 years, effective from 5:00 pm on 21 March 2023.
Sumaiah AL SHAKHSHIR N/A Liverpool, NSW 2470 On 16 March 2023 a banning order was made under section 74GB(3) of the Aged Care Quality and Safety Commission Act 2018 that permanently prohibits Sumaiah Al Shakhshir from being involved in the provision of any type of aged care, effective from 5:00 pm on 22 March 2023.

 

No longer in force

Banning Orders – section 74GI

There are currently no banning orders with the status of  'no longer in use'.

Full name  Australian Business Number (if any) Suburb, State/Territory and Postcode Details of the Banning Order
N/A N/A N/A N/A

 

Banning Order CSV file

The banning orders table is a available as a CSV file for software vendors.

Banning Orders Register - CSV file 

Changed
Wednesday, 22 March 2023 - 2:18pm

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