Commonwealth Consolidated Acts

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

  (1)   The Commissioner may, on the Commissioner's own initiative, vary or revoke a banning order made against an individual if the Commissioner is satisfied that it is appropriate to do so.

  (2)   Without limiting subsection   (1), the Commissioner may in varying a banning order do either or both of the following:

  (a)   vary, or revoke, a condition to which the order is subject;

  (b)   specify one or more new conditions to which the order is to be subject.

  (3)   If the Commissioner decides to vary or revoke a banning order made against the individual, the Commissioner must, as soon as is practicable, give the individual a written notice that:

  (a)   sets out the decision; and

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

  (c)   specifies the day on which the variation or revocation takes effect; and

  (d)   if a condition to which the order is subject is varied--sets out the condition as varied; and

  (e)   specifies any conditions to which the order is subject that have been revoked; and

  (f)   specifies any new conditions to which the order is to be subject; and

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

  (4)   If the Commissioner gives a notice under subsection   (3) 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.

  (5)   A variation or revocation of a banning order is not a legislative instrument.