Commonwealth Consolidated Acts

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

Application for variation or revocation of condition

  (1)   If a banning order has been made against an individual, the individual may apply to the Commissioner for a condition to which the order is subject to be varied or revoked.

  (2)   The application must:

  (a)   be made in writing; and

  (b)   be in a form approved by the Commissioner; and

  (c)   be accompanied by any documents or information specified by the Commissioner.

Variation or revocation of condition etc.

  (3)   If an application is made under subsection   (1) for the variation or revocation of a condition to which a banning order made against an individual is subject, the Commissioner may do either or both of the following things if satisfied it is appropriate to do so:

  (a)   vary or revoke the condition;

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

Notice of intention not to vary or revoke condition etc.

  (4)   If the Commissioner proposes not to vary or revoke the condition to which the banning order is subject, or proposes to specify one or more new conditions to which the order is to be subject, the Commissioner must give the individual a written notice that:

  (a)   sets out the reasons why the Commissioner is proposing not to vary or revoke the condition or is proposing to specify those new conditions; and

  (b)   invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:

  (i)   14 days after receiving the notice; or

  (ii)   if a shorter period is specified in the notice--that shorter period; and

  (c)   informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the condition or to specify those new conditions.

  (5)   The Commissioner must consider any submissions made by the individual in accordance with the notice.

Notice of decision

  (6)   If the Commissioner decides to do either or both of the things mentioned in subsection   (3) in relation to the banning order, 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)   if a condition to which the order is subject is varied--sets out the condition as varied and specifies the day on which the variation takes effect; and

  (d)   if a condition to which the order is subject is revoked--specifies the day on which the revocation takes effect; and

  (e)   specifies any new conditions to which the order is to be subject and when they take effect; and

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

  (7)   If the Commissioner decides not to do either of the things mentioned in subsection   (3) in relation to the banning order, 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)   states how the individual may apply for reconsideration of the decision.

Other

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