Banning orders

A banning order is an enforcement tool we can use to ban or restrict a current or former registered aged care provider, responsible person or worker (including volunteers) from being involved in:

delivering all funded aged care services
delivering funded aged care services of a certain type.

We can also ban or restrict:

aged care workers or responsible persons of a registered provider from engaging in certain activities as an aged care worker or responsible person
people who have never been an aged care worker or responsible person from being involved in aged care.

A banning order can be permanent or for a specific period and can include specified conditions.

A banning order can be made for one or more reasons, including when a registered provider, responsible person, aged care worker or person:

isn't suitable to be involved or engaged in aged care
didn't comply with the Aged Care Code of Conduct
is an immediate or severe risk to the safety, health or wellbeing of one or more older people accessing funded aged care
has at any time been convicted of an indictable offence involving fraud or dishonesty
is insolvent under administration.

Register of banning orders

The Aged Care Act 2024 requires the Aged Care Quality and Safety Commissioner (the Commissioner) to establish and maintain a Register of banning orders (the Register):

Register of banning orders - PDF
Register of banning orders data table - CSV file.

The Register outlines information about current and former banning orders made against current and former registered providers, aged care workers and responsible persons. The Register is updated by the Commissioner when:

a new banning order is made
an existing banning order is changed
an application to vary (change) or reconsider a banning order has been made and the decision is pending.

Registered providers must regularly check the Register to:

see if a current or potential worker or responsible person has a banning order made against them
check for any applications or decisions to vary a banning order against one of their workers or responsible person
make sure an associated provider they are working with has not employed someone who is banned or restricted.

Access or correct your information

You may request to:

access information about you that is included in the Register
correct information about you that is included in the Register, if you believe the information is incorrect, out-of-date, incomplete or misleading.

Requests to access information or correct information about yourself in the Register must:

be made in writing (email or mail)
include evidence of your identity, for example, a copy of your driver’s license or passport
clearly state what information you want to access or correct from the Register.

To request your request, you can:

email us: enforcement@agedcarequality.gov.au
write to us:

Enforcement Team, Aged Care Quality and Safety Commission

GPO Box 9819, in your capital city

Note: Another person can only request to access or correct your information if they are an authorised representative (e.g. legal representative). We will confirm this before acting on a request.

Request reconsideration of a banning order decision

If a banning order is made against you, or we decided not to vary or revoke a banning order against you, you may request that the Commissioner reconsider the decision. Your request must:

be made in writing
set out the reasons for the request
be given to us within 28 days from when you are notified of the decision by the Commissioner.

Requests for reconsideration can be made to: reconsideration@agedcarequality.gov.au.

We will update the Register to reflect that a request for reconsideration has been made, and a decision is pending. The banning order will remain in force unless a decision to change the banning order is made.

In response to a request for reconsideration of a banning order decision, the banning order may be:

affirmed. This means the original banning order decision remains, and the information about the reconsideration request will be removed from the Register
varied. This means the Register will be updated to reflect the change
set aside and replaced with a decision not to make a banning order. This means the entry in the Register will be removed.

If you're not satisfied with the reconsideration decision we made, you can seek a review of the decision by the Administrative Review Tribunal (ART) within 28 days from when you receive the reconsideration decision. We will update the Register to note that a reconsideration decision is pending for the duration of the ART review. The banning order will remain in force unless a decision to change the banning order is made by the ART.

Apply to vary or revoke a banning order

You can also apply to have a banning order revoked or varied using the Application to vary or revoke a banning order or a condition of a banning order form. This right is separate from your right to request reconsideration of a banning order decision. You may choose to exercise both rights.

If you apply to vary or revoke a banning order, we will update the Register to reflect that a decision is pending. The banning order will remain in force unless a decision to change the banning order is made by the Commissioner.