For Penelope Eden, Partner at law firm MinterEllison, the most notable addition in release 2c of the Draft Aged Care Rules is the expanded authority given to the Aged Care Quality and Safety Commissioner to make banning orders against registered providers.

Under the current Act, a banning order can only be made against an aged care worker or a governing person of an approved provider.   

Penelope provided The Weekly SOURCE with the following implications of the proposed banning orders:

"If a banning order is issued against a registered provider, the potential implication is that the Commissioner may vary the provider's registration category or impose restrictions on their registration.

"The power to ban registered providers appears to be an extension of the existing power to sanction providers and is consistent with the Commission's increased regulatory powers under the new Aged Care Act.

"Given the Commission's relational regulatory approach, we would expect that this power will be exercised only in the most serious cases.

"Release 2c clarifies some additional operational implications, including that a registered provider who has a banning order made against them can request the Commissioner to:

• give the registered provider access to information regarding the details placed on the register of banning orders; and  

• correct the information on the register of banning orders, which the Commission may or may not agree to."   

Penelope noted that Release 2c was otherwise largely drafted as expected and the banning order change is unlikely to have a significant impact on providers who demonstrate compliance with their obligations.