Banning orders against workers or governing persons made before Transition Day will become banning orders under the new Act. They will continue for their entire duration.
Applications to vary or revoke banning orders made before Transition Day will become an application under the new Act.
From Transition Day:
- all banning orders will be made under the new Act
- procedural fairness steps we take for banning orders, such as giving notice, will continue as they satisfy equivalent requirements under the new Act
- if a banning order relates to a specific type of aged care, we’ll find the relevant service type in the new Act, let you know and update the banning order register
- we will continue to publish applications to revoke an order on the banning order register:
- we will continue to publish banning orders made under the old law on the banning order register
- we will include banning orders against workers or responsible persons of a registered provider in the Provider Register.
Changes to service types in the service list do not mean a banned person can be involved in similar types of care to the one we banned them from before Transition Day.
Banned individuals must not breach the banning order or a condition of the order before or after Transition Day.
Providers must not employ or engage banned individuals in a way that contravenes the banning order. If they do, they risk severe penalties.
