Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may, in writing, revoke the registration of a person as a registered NDIS provider if:
(a) the Commissioner reasonably believes that the person has contravened, is contravening, or is proposing to contravene, this Act; or
(b) the application for registration by the person contained information that was false or misleading in a material particular; or
(c) the person is an insolvent under administration; or
(d) the Commissioner is satisfied that the person is no longer 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 paragraph; or
(e) the Commissioner is no longer satisfied that the key personnel of the person (if any) are suitable to be involved in the provision of supports or services for which the person is registered to provide, having regard to any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph; or
(f) a circumstance exists that is a circumstance prescribed by National Disability Insurance Scheme rules for the purposes of this paragraph.
(2) In deciding whether to revoke the registration of a person under subsection (1), the Commissioner must have regard to the following matters:
(a) the nature, significance and persistence of any contravention, or proposed contravention, of this Act;
(b) action that can be taken to address any contravention, or proposed contravention, of this Act;
(c) the extent (if any) to which the person is conducting its affairs as a registered NDIS provider in a way that may cause harm to, or jeopardise, public trust in the National Disability Insurance Scheme;
(d) the health, safety or wellbeing of people with disability receiving supports or services from the person;
(e) any other matter the Commissioner considers relevant.
(3) The Commissioner may, in writing, revoke the registration of a person as a registered NDIS provider if the person requests the Commissioner, in writing, to revoke the registration.
(4) Before deciding to revoke the registration of a person under subsection (1), the Commissioner must notify the person that revocation is being considered. The notice must be in writing and must:
(a) include the Commissioner's reasons for considering the revocation; and
(b) invite the person to make submissions, in writing, to the Commissioner within the period specified in the notice (which must not be less than 28 days); and
(c) inform the person that if no submissions are made within the period specified in the notice, any revocation may take effect as early as 7 days after the end of the period specified in the notice.
(5) In deciding whether to revoke the registration, the Commissioner must consider any submissions given to the Commissioner within the period specified in the notice.
(6) The Commissioner must notify the person, in writing, of the decision.
(7) The notice under subsection (6) must be given within 28 days after the end of the period for making submissions. If the notice is not given within this period, the Commissioner is taken to have decided not to revoke the registration.