Document ID: chunk:federal_register_of_legislation:C2024C00505:section:74gb:p2
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 74GB (pt 2/2)
Character Range: 166207–167238

activities as an aged care worker, or as a governing person, of the provider.
Note: See section 74GE for when the Commissioner must give notice of an intention to make the banning order.
 (4) The Commissioner must not make the banning order against the individual under subsection (3) unless the Commissioner reasonably believes that the individual is not suitable:
 (a) to be involved in the provision of any type of aged care or the specified types of aged care; or
 (b) to engage in the specified activities as an aged care worker, or as a governing person, of the approved provider.

Suitability matters
 (5) In considering whether an individual is suitable to be involved in the provision of any type of aged care or specified types of aged care, the Commissioner must consider the suitability matters in relation to the individual.
 (6) Subsection (5) does not limit the matters the Commissioner may consider in considering the matter mentioned in that subsection.

Other
 (7) A banning order is not a legislative instrument.