--- title: "NDIS Banning Order Lawyer | Proposed Banning Orders | Astris Law" description: "Received a proposed banning order, show cause letter or refusal notice from the NDIS Quality and Safeguards Commission? Every stage of the NDIS enforcement pathway, mapped. Astris Law, Brisbane." lang: en-AU json-ld: | [ { "@context": "https://schema.org", "@type": [ "LegalService", "LocalBusiness" ], "@id": "https://www.astrislaw.com/#organization", "name": "Astris Law", "legalName": "Astris Law Pty Ltd", "alternateName": [ "Astrons General Counsel", "Phronesis Litigation", "HeadStart Counsel" ], "url": "https://www.astrislaw.com", "logo": { "@type": "ImageObject", "url": "https://www.astrislaw.com/android-chrome-512x512.png", "width": 512, "height": 512 }, "image": "https://www.astrislaw.com/android-chrome-512x512.png", "description": "The Astris Law group gives directors and business owners the right legal capability for whatever their business needs, across corporate, disputes and regulatory. Not more lawyers than you need, the right one for the matter. Astris Law for one senior lawyer on high-stakes work, Astrons General Counsel for an embedded legal function, Phronesis Litigation for litigation intelligence, HeadStart Counsel for AML and CTF. 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Every stage of the NDIS enforcement pathway, mapped. Astris Law, Brisbane.", "url": "https://www.astrislaw.com/ndis-enforcement-lawyer", "mainEntityOfPage": "https://www.astrislaw.com/ndis-enforcement-lawyer", "serviceType": "NDIS Banning Order and Enforcement Defence", "provider": { "@type": "LegalService", "@id": "https://www.astrislaw.com/#organization", "name": "Astris Law", "url": "https://www.astrislaw.com", "telephone": "+61735195616" }, "areaServed": "Australia" }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "@id": "https://www.astrislaw.com/ndis-enforcement-lawyer#breadcrumb", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.astrislaw.com" }, { "@type": "ListItem", "position": 2, "name": "NDIS Enforcement Pathway", "item": "https://www.astrislaw.com/ndis-enforcement-lawyer" } ] } ] --- [Skip to main content](#main-content) The Astris Law Group Astris Astris Law [Astrons Astrons General Counsel ](https://astrons.astrislaw.com)[Phronesis Phronesis Litigation ](https://phronesis.astrislaw.com)[HeadStart HeadStart Counsel ](https://headstartcounsel.astrislaw.com) [![Astris Law S Icon](/assets/astris-logo-icon-kBkGra_r.png)![Astris Law](/assets/astris-logo-full-wbEHTWR5.png)](/) [About](/about)[The Group](/philosophy)[Practice Areas](/practice-areas)[Articles](/articles)[Contact](/contact)[Start here](/contact) ![Astris Law](/assets/astris-logo-full-wbEHTWR5.png) PROVIDER GUIDE · JUL 2026 General Guide for Providers # Banning Orders & Refusal Notices: The NDIS Enforcement Pathway You have received a proposed banning order or a notice of intended refusal from the NDIS Quality and Safeguards Commission (the NDIS Commission). This is every branch from that moment. Two tracks run from the same facts: the banning and refusal ladder, and the Commission's parallel enforcement track for contraventions. Track 1 ## The Banning & Refusal Ladder The decision ladder for the proposed bans and the renewal refusal. Merits review runs internal review, then the ART, then the Federal Court on law. 1 ### Submissions You are here **Pre-decision. No order exists.** The Commission's show-cause letters propose banning orders (against the company, key personnel or both) and, where a renewal is pending, refusal of the renewal. You are invited to respond by a deadline. DAY 1 · the immediate steps that protect your position from the first phone call DEADLINE · what to lodge, how and in what form Come to us for advice **Day one:** what a provider can and cannot keep doing from the moment the letter arrives depends on the stage reached and how the registration provisions operate on the facts. Come to us for advice Certain regulatory steps should be expected in the window before any decision, some on short timeframes, and the way a provider responds to each of them is itself significant to everything that follows on both tracks of the pathway. Come to us for advice 2 ### Delegate Decides Any time after the deadline, typically weeks. The same delegate weighs the submissions. Four outcomes: A · NO ORDERS Renewal granted, matter ends. Rare once bans have been proposed, but submissions aim high. B · UNDERTAKING An alternative instrument accepted in place of orders, with realistic prospects that differ between individuals and companies depending on the facts and history involved. Come to us for advice C · SCOPED ORDER A narrower order shaped by duration, scope and conditions, with particular structures that preserve pathways worth protecting. Come to us for advice D · AS PROPOSED Worst case Permanent bans plus refusal. Permanent, nationwide, published. **The key lever:** there is a recognised line of authority and a structured way of putting it that bears directly on which of the four outcomes the delegate reaches, and on how each alternative is framed against the regulator's own toolkit, the published register and the particular history of the provider concerned before any decision is made. Come to us for advice If an order is made • Takes effect on the date stated in the order • Published on Part 2 of the NDIS Provider Register • Banned activities must **stop** from the effect date • No automatic stay: the order operates during review • Breach (new s 73ZNA): fault offence up to 5 yrs jail / 300 penalty units; strict-liability offence 150 pu; civil penalty up to 1,000 pu, or 10,000 pu for a serious contravention by an NDIS provider (s 73ZKA) • What a breach at this stage does to the provider's position across the rest of the pathway, and to each of the avenues still open, is a consequence that has to be understood before any step is taken • What a refusal means for the company's ability to deliver its supports, for the categories of supports affected and for the participants involved depends on the registration profile of the provider concerned Come to us for advice 3 ### Internal Review · mandatory first step · ss 99–100 WITHIN 3 MONTHS · FREE · 1–3 MONTHS Request in writing within 3 months of the decision. Different delegate, fresh look. New material allowed, including remediation achieved since the decision. The order keeps operating throughout. Cannot skip: the ART is only available after internal review decides. **Set aside** · order or refusal reversed **Varied** · narrowed or shortened (ART still open) **Confirmed** · decision stands 4 ### Administrative Review Tribunal · s 103 WITHIN 28 DAYS · 6–18 MONTHS Apply within 28 days of the internal review decision (extendable on application). Full merits review: fresh decision, new evidence allowed. Modest fee. Outcomes: affirm, vary, set aside and substitute, or remit. **Stay application:** there is one mechanism in the process capable of pausing an order pending hearing, and a specific way it needs to be prepared and run to have any prospect of succeeding. Come to us for advice Only Track 1 decisions travel this ladder; the court-based outcomes on Track 2 do not. 5 ### Federal Court · last resort Appeal from the ART on a question of law only, within 28 days. Not a re-run of the facts. Costs risk applies at this stage. Judicial review also remains open in parallel where the vice is formal invalidity or legal unreasonableness (_Sunflower (No 2)_). Parallel path, any later time · s 73ZO variation or revocation There is a separate pathway available at a later time, on particular grounds and with its own evidentiary requirements, independent of the review ladder set out above. Come to us for advice Provider FAQ "Do I have to stop operating now?" The answer turns on the precise stage the matter has reached, the status of any pending renewal, the operation of the transitional provisions and the sequencing of steps taken before and after the deadline, all of which shape what a provider can and cannot safely keep doing and for how long, and how each choice reads at every later stage of the pathway if the matter proceeds. Come to us for advice Track 2 ## The Enforcement Track Can run in parallel Contraventions. Separate from Track 1 and able to run before, alongside or after it, on the same facts. Ordered least to most serious; everything below is recorded on Part 2 of the Provider Register. LEAST SERIOUS MOST SERIOUS 01 ### Compliance Notice s 73ZM Written direction to take, or stop, specified action within a set period. Failure to comply is itself a civil penalty contravention and, for a registered provider, an express ground for suspension or revocation: one un-remedied notice can feed straight back into Track 1. The Commissioner may vary or revoke on submissions; Commission policy allows a notice "prior to, or in tandem with" other action. 02 ### Infringement Notice s 73ZL An on-the-spot fine in lieu of court proceedings for prescribed contraventions (registration-condition breaches under s 73J are the Commission's staple). How to respond to one of these notices is a genuine election with consequences either way, and the right choice depends on the strength of the underlying contravention case. Come to us for advice 03 ### Enforceable Undertaking s 73ZP Best off-ramp Negotiated, published promises about future conduct: the same instrument as Stage 2 outcome B, available at any point in an investigation. When and how to put this on the table, what to offer and what never to offer are the questions that determine whether this becomes the exit from the matter or a trap within it. Come to us for advice 04 ### Injunction s 73ZQ Federal Court order restraining conduct or compelling compliance, including interim injunctions. Used where the Commission wants immediate court-backed restraint without, or before, a banning order. 05 ### Civil Penalty Proceedings s 73ZK · Federal Court Court-imposed penalties for contraventions of civil penalty provisions (Code of Conduct, ss 73J, 73V etc). The decided range frames gravity: Afford 2023 · $400k · drowning LiveBetter 2024 · $1.8m · fatal scald Valmar 2025 · $1.92m · choking; cooperation mitigated Aurora 2025 · $2.2m · supervisory collapse, fatality Lifestyle 2025 · ≈$2.5m · 96 contraventions Lifestyle 2025 · $500k · 1,811 late reports Oak Tas 2026 · $1.1m · restrictive practices + late reporting **Two provider-favourable threads:** there are two recognised threads in the decided penalty cases that materially favour providers and individuals in the right circumstances, each turning on how conduct during the investigation is characterised and on the relationship between the company and the individuals concerned, and each capable of reshaping the outcome if raised early and framed correctly. Come to us for advice 06 ### Serious Contravention s 73ZKA From 9 Apr 2026 Elevated maximum civil penalties where a contravention is "serious": up to 10,000 penalty units for an NDIS provider in the banning-order context. This tier stacks on top of rungs 1–5 rather than replacing them. 07 ### Registration & Banning Action Loops back to Track 1 ss 73F/73L conditions · 73N suspension · 73P revocation · 73ZN banning The top of the ladder loops back to Track 1: vary registration or impose conditions, suspend, revoke, or ban. Also: anti-promotion orders (ss 73ZOA–73ZOC, from 9 Apr 2026) prohibiting promotion or advertising of specified supports, with their own compliance offences (s 73ZOB) and a variation and revocation route. What changed on 9 April 2026 · Integrity and Safeguarding Act (No 41 of 2026) • **Machinery is retrospective:** monitoring, investigation, infringement-notice and enforcement machinery applies to conduct before, on or after commencement (Sch 1 Pt 3 item 72); amended s 73F conditions apply to existing registrations (item 92). Past conduct can be investigated with the new tools now. • **Penalties:** whether the new penalty levels can reach conduct occurring before commencement is a live argument with a specific legal basis, and it needs to be put the right way at the right stage to hold its value across both tracks of the pathway. Come to us for advice • **Banning framework as amended** governs any decision made on or after 9 April 2026, so any proposal now on foot is decided under the current Act. The expanded banned-person categories (ss 73ZN(2B), (2C)) target applicants, auditors, consultants and facilitators. Provider FAQ "Can they fine us or take us to court as well as ban us?" The answer depends on how the two tracks interact on the particular facts, which combinations of tools are open to the Commission at each point, how the timing of the alleged conduct intersects with the amended penalty regime, and the arguments available to a provider about the order in which those tools should properly be deployed, each of which materially changes the exposure analysis. Come to us for advice How the two tracks tie together ### Same facts, two tracks The conduct alleged in a show-cause letter could ground civil penalty proceedings (rung 5) as well as, or instead of, the proposed bans. Nothing in Track 1 precludes the Commission opening Track 2 at any stage: before the delegate decides, during internal review, or during the ART. ### The ladder is the proportionality argument How this plays out depends on choices made at each stage, the way earlier steps are characterised in later forums, and a small number of authorities and register comparators that reward early, deliberate positioning on the particular facts of the matter and the profile of the provider concerned. Come to us for advice ### Different forums, different review rights Track 1 decisions (ban, refusal, conditions, suspension, revocation) go internal review, then ART, then Federal Court on law. Rungs 4–6 are Federal Court proceedings from the outset: defended in court, not merits-reviewed. An infringement notice is answered by paying or electing to defend; a compliance notice by complying or persuading the Commissioner to vary or revoke it. ### Breach converts the tracks How this plays out depends on choices made at each stage, the way earlier steps are characterised in later forums, and a small number of authorities and register comparators that reward early, deliberate positioning on the particular facts of the matter and the profile of the provider concerned. Come to us for advice ### Candour pays on both tracks How this plays out depends on choices made at each stage, the way earlier steps are characterised in later forums, and a small number of authorities and register comparators that reward early, deliberate positioning on the particular facts of the matter and the profile of the provider concerned. 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