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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZO

Variation or revocation of banning orders

Variation or revocation of banning order

             (1)  The Commissioner may vary or revoke a banning order, by giving written notice to the person against whom the order was made, if the Commissioner is satisfied that it is appropriate to do so.

             (2)  The Commissioner may do so:

                     (a)  on his or her own initiative; or

                     (b)  on application by the person against whom the order was made.

          (2A)  Without limiting subsection (1), a variation of a banning order may involve imposing new conditions on the order or varying or removing existing conditions.

Process

             (3)  An application under paragraph (2)(b) must:

                     (a)  be in writing; and

                     (b)  be in a form (if any) approved in writing by the Commissioner; and

                     (c)  include any information, and be accompanied by any documents, required by the Commissioner.

             (4)  If the Commissioner varies a banning order made against a person, the Commissioner must, on request by the person, give the person a statement of reasons for the variation.

             (5)  If the Commissioner proposes not to vary or revoke a banning order in accordance with an application lodged by a person under paragraph (2)(b), the Commissioner must give the person an opportunity to make submissions to the Commissioner on the matter.

             (6)  The Commissioner must:

                     (a)  include in the written notice a statement of reasons for the variation or revocation of the order; and

                     (b)  if the variation or revocation relates to 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 variation or revocation as soon as possible.

Application of variation or revocation of banning order

             (7)  A variation or revocation of an order takes effect from the day specified in the order.

             (8)  A variation or revocation of an order is not a legislative instrument.



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