Document ID: chunk:federal_register_of_legislation:C2017A00131:clause:1_73zn:p1
Version: federal_register_of_legislation:C2017A00131
Segment Type: clause
Provision Reference: sch 1 cl 73ZN (pt 1/2)
Character Range: 73765–76517

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 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; or
 (iv) 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
 (2) The Commissioner may, by written notice, make an order (a banning order) prohibiting or restricting a person who is employed or otherwise engaged by 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; 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.

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.
 (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.
 (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