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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZN

Banning orders

Banning orders--NDIS providers

             (1)  The Commissioner may, by written notice, make an order (a banning order ) prohibiting or restricting specified activities by an NDIS provider, or by a person who was an NDIS provider, if:

                     (a)  the Commissioner has revoked the registration of the person as a registered NDIS provider; or

                     (b)  the Commissioner reasonably believes that:

                              (i)  the person has contravened, is contravening, or is likely to contravene this Act; or

                             (ii)  the person has been involved in, or is likely to become involved in, a contravention of this Act by another person; or

                            (iii)  the person is not suitable to provide supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph; or

                            (iv)  in the case of an NDIS provider--there is an immediate danger to the health, safety or wellbeing of a person with disability if the person continues to be an NDIS provider; or

                     (c)  the person is convicted of an offence involving fraud or dishonesty; or

                     (d)  the person becomes an insolvent under administration.

Note:          A person who is subject to a banning order cannot be registered as an NDIS provider in a way that is inconsistent with the order (see subsection 73E(3)).

Banning orders--persons employed or otherwise engaged by NDIS providers or key personnel of NDIS providers

             (2)  The Commissioner may, by written notice, make an order (a banning order ) prohibiting or restricting a person who is or was employed or otherwise engaged by an NDIS provider, or a person who is or was a member of the key personnel of an NDIS provider, from engaging in specified activities if:

                     (a)  the Commissioner reasonably believes that:

                              (i)  the person has contravened, is contravening, or is likely to contravene this Act; or

                             (ii)  the person has been involved in, or is likely to become involved in, a contravention of this Act by another person; or

                            (iii)  the person is not suitable to be involved in the provision of supports or services to people with disability, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph; or

                            (iv)  there is an immediate danger to the health, safety or wellbeing of a person with disability if the person continues to engage in the specified activities; or

                     (b)  the person is convicted of an offence involving fraud or dishonesty; or

                     (c)  the person becomes an insolvent under administration.

Banning orders--persons not suitable to be involved in provision of supports or services to people with disability

          (2A)  The Commissioner may, by written notice, make an order (a banning order ) prohibiting or restricting a person from being involved in the provision of specified supports or specified services to people with disability if:

                     (a)  the Commissioner reasonably believes that the person is not suitable to be so involved, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; and

                     (b)  the person has not previously been an NDIS provider; and

                     (c)  the person has not previously been employed or otherwise engaged by an NDIS provider; and

                     (d)  the person has not previously been a member of the key personnel of an NDIS provider.

Application of banning orders

             (3)  A banning order may:

                     (a)  apply generally or may be of limited application; and

                     (b)  be permanent or for a specified period; and

                     (c)  be made subject to specified conditions.

             (4)  However, a banning order cannot prohibit or restrict activities that a registered NDIS provider is registered to provide under 73E.

             (5)  A banning order takes effect from the day specified in the order.

          (5A)  If a banning order under subsection (2) is made against a person who is employed or otherwise engaged by an NDIS provider, the continuity of the order is not affected by the employment or engagement ceasing.

          (5B)  If a banning order under subsection (2) is made against a person who is a member of the key personnel of an NDIS provider, the continuity of the order is not affected by the person ceasing to be such a member.

             (6)  A banning order is not a legislative instrument.

Process

             (7)  The Commissioner may only make a banning order against a person after giving the person an opportunity to make submissions to the Commissioner on the matter.

             (8)  However, subsection (7) does not apply if the Commissioner's grounds for making the banning order are, or include, the following:

                     (a)  that there is an immediate danger to the health, safety or wellbeing of a person with disability;

                     (b)  that the Commissioner has revoked the registration of the person as a registered NDIS provider.

             (9)  The Commissioner must:

                     (a)  give the banning order to the person against whom the order is made; and

                     (b)  include in the banning order a statement of reasons for the order; and

                     (c)  if the banning order is against a person who is employed or otherwise engaged by an NDIS provider or is a member of the key personnel of an NDIS provider--notify the NDIS provider of the order as soon as possible.

Civil penalty

           (10)  A person contravenes this subsection if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct breaches a banning order (including a condition of the order) that has been made against the person.

Civil Penalty:          1,000 penalty units.



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