Document ID: chunk:federal_register_of_legislation:C2025C00129:section:73zn:p1
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 73ZN (pt 1/3)
Character Range: 266737–269482

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