What is an NDIS banning order?

In plain English

A banning order is a written instrument issued by the NDIS Quality and Safeguards Commissioner under section 73ZN of the NDIS Act. It prohibits a specified person or organisation from delivering some or all NDIS supports - to any participant, anywhere in Australia, for the period set by the order. Orders can be permanent or fixed-term, and can apply to individuals (a worker, a director, a sole trader) or entities (a provider organisation).

A banning order is the most serious sanction the Commission can impose without going through the Federal Court. Once issued, the banned party's name, the scope of the ban, and the duration are published on the public register - and stay there even after the order ends.

What banning orders cover

The scope of a banning order is set by the Commissioner and tailored to the conduct. Common scopes include:

• All NDIS supports - the broadest scope; the person can't deliver any NDIS-funded support to anyone.
• Specific support categories - e.g. supports involving children, supports requiring intimate personal care, or behaviour-support delivery.
• Specific roles - e.g. holding a managerial or directorial role in an NDIS provider organisation.
• Specific settings - e.g. SIL, SDA, community-access supports.

Orders typically also prohibit the banned party from being employed, engaged, or contracted by another NDIS provider in any capacity that would involve them in the banned activities.

How an order is issued

The Commissioner can issue an order following an investigation where they form a reasonable belief that the person or organisation poses an unacceptable risk to participants. The procedure includes:

1. Notice of intention to ban - the proposed party gets written notice with the grounds, scope, and duration, and a chance to respond.
2. Response period - typically 28 days for the party to submit a written response, evidence, or request a hearing.
3. Final decision - the Commissioner considers any response and makes the final order.
4. Review rights - the banned party can apply to the Administrative Review Tribunal (ART, formerly AAT) for external review.

In urgent cases - where there's an immediate risk to participants - the Commissioner can issue an interim banning order without the prior notice step, effective immediately, while the full process runs in parallel.

The public register

The Commission maintains a publicly searchable register of every banning order ever issued, current and expired. It includes:

• The name of the banned person or organisation
• The scope of the ban (which supports / settings / roles)
• The start date and end date (or "permanent")
• A brief reason

The register is the canonical pre-employment check for any NDIS provider hiring workers or contracting other organisations. Engaging a banned worker is itself a contravention under section 73Q - even if the engagement was inadvertent - so the register must be checked at hire and then re-checked periodically. The NDIS Provider and Worker Register is free to search and updated whenever the Commission issues a new order.

How Checkbase helps

Checkbase doesn't replace the public register check - that remains a manual step at hire. Where Checkbase fits is the recordkeeping that proves you did the check: the screening verification, the timestamp, the documenting officer. If the Commission later asks "how did you become aware of this worker's banning order?", you can show the audit trail. The auditor portal also makes it easy for the Commission to verify your continuous monitoring of worker compliance status.

Frequently asked questions