NDIS Provider Registration Rules
Registered provider duties in the NDIS Act (ss 73K to 73ZNA)
s73ZNA and s 73U(5A) Comply with banning orders and do not use banned people
Clause and reference s 73ZNA and s 73U(5A) of the NDIS (Provider Registration and Practice Standards) Rules 2018 · our reference s73ZNA
The requirement
A person against whom a banning order is made must not breach it or its conditions (fault-based offence up to 5 years' imprisonment or 300 penalty units, strict liability offence and civil penalty). Providers check the NDIS Provider Register's banning order list before engaging workers, key personnel and contractors, since employing a banned person in breach of an order and failing the Code of Conduct and screening duties exposes the provider; approved quality auditors can be required not to engage banned persons (s 73U(5A)). Since 9 April 2026 banning orders can also be made against applicants for registration, approved quality auditors and the other persons listed in s 73ZN(2C) (Integrity and Safeguarding Act 2026).
Our wording of the requirement: our statement of what the clause asks, not the instrument verbatim. Source: NDIS Provider Registration Rules on the compliance desk.
The evidence to bring
- Banning order register check recorded for every new worker, key person and contractor
- Periodic re-check of the existing workforce against the register
What assessors commonly find
- Checks only at hiring, never repeated
- Contractors and consultants not checked
What evidence do I need?
For s73ZNA and s 73U(5A) Comply with banning orders and do not, the evidence to bring is: Banning order register check recorded for every new worker, key person and contractor; Periodic re-check of the existing workforce against the register. Keep every record dated, signed and current, and name who owns it.
Answer the reviewer first
Show me banning order register check recorded for every new worker, key person and contractor, and tell me who owns it and when it was last reviewed.
That is the question a quality assessor opens with for this requirement. Have the record on the desk and the date it was last reviewed to hand.
Read your own evidence against this clause
Paste your policy or evidence pack and the reading marks, line by line, whether a phrase from this requirement appears and quotes your own words when it does. It is a reading of your text, not a compliance result; a quality assessor decides whether a requirement is met. Read your pack, free See the paid reading