Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 74GB

Current and former aged care workers etc.

  (1)   Subject to subsection   (2), the Commissioner may make an order (the banning order ) prohibiting or restricting an individual who is or was an aged care worker, or who is or was a governing person, of an approved provider:

  (a)   from being involved in the provision of any type of aged care or specified types of aged care; or

  (b)   from engaging in specified 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.

  (2)   The Commissioner must not make the banning order against the individual under subsection   (1) unless:

  (a)   the Commissioner reasonably believes that the individual did not comply, is not complying or is not likely to comply with a provision of the Code of Conduct that applies or applied to the individual; or

  (b)   the Commissioner reasonably believes that the individual is not suitable:

  (i)   to be involved, or to continue to be involved, in the provision of any type of aged care or the specified types of aged care; or

  (ii)   to engage, or to continue to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or

  (c)   the Commissioner reasonably believes there is an immediate or severe risk to the safety, health or well - being of one or more care recipients if the individual:

  (i)   is involved, or continues to be involved, in the provision of any type of aged care or the specified types of aged care; or

  (ii)   engages, or continues to engage, in the specified activities as an aged care worker, or as a governing person, of the approved provider; or

  (d)   the individual has at any time been convicted of an indictable offence involving fraud or dishonesty; or

  (e)   the individual is an insolvent under administration.

Individual not suitable to be involved in the provision of aged care etc.

  (3)   Subject to subsection   (4), the Commissioner may make an order (the banning order ) prohibiting or restricting an individual who has not previously been an aged care worker, or a governing person, of an approved provider:

  (a)   from being involved in the provision of any type of aged care or specified types of aged care; or

  (b)   from engaging in specified 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.