Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:3_74ge
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 3 cl 74GE
Character Range: 65061–66101

74GE  Notice of intention to make a banning order
 (1) Before the Commissioner makes a banning order against an individual, the Commissioner must, by written notice, notify the individual that the Commissioner is considering making the order.
 (2) Subsection (1) does not apply if the Commissioner reasonably believes that there is an immediate and severe risk to the safety, health or well‑being of one or more care recipients if the banning order is not made against the individual.
 (3) The notice must:
 (a) set out the reasons why the Commissioner is considering making the banning order against the individual; and
 (b) invite the individual to make submissions, in writing, to the Commissioner in relation to the matter within 14 days after receiving the notice; and
 (c) inform the individual that the Commissioner may, after considering any submissions made by the individual, make the banning order against the individual.
 (4) The Commissioner must consider any submissions made by the individual in accordance with the notice.