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

Application etc. of banning order made against an aged care worker etc.

  (1)   This section applies if a banning order is made against an individual who is or was:

  (a)   an aged care worker of an approved provider; or

  (b)   a governing person of an approved provider.

Application of banning order

  (2)   The banning order may:

  (a)   apply generally or be of limited application; and

  (b)   be permanent or for a specified period; and

  (c)   be made subject to specified conditions.

  (3)   If the banning order is made against an individual who is an aged care worker, or a governing person, of an approved provider, the order continues to have effect even if the individual ceases to be such a worker or person (as the case may be).

Notice of banning order

  (4)   The Commissioner must, as soon as is practicable after deciding to make the banning order, give the individual a written notice that:

  (a)   sets out the decision; and

  (b)   sets out the reasons for the decision; and

  (c)   specifies whether the order applies generally or the order is of limited application; and

  (d)   if the order is of limited application--specifies that limited application; and

  (e)   specifies the day on which the order takes effect; and

  (f)   if the order is to cease to have effect on a particular day--specifies that day; and

  (g)   specifies any conditions to which the order is subject; and

  (h)   sets out the effect of subsection   (3); and

  (i)   states how the individual may apply for reconsideration of the decision.

  (5)   If the Commissioner gives a notice under subsection   (4) to an individual who is an aged care worker, or a governing person, of an approved provider, the Commissioner must, as soon as is practicable, give the provider a copy of the notice.



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