What are nominees and guardians under the NDIS?

What is a nominee under the National Disability Insurance Scheme?

Nominees will be appointed where requested by the participant or where necessary. If a guardianship arrangement is in place the presumption is that the guardian will be appointed the nominee.

Nominees will have a duty to ascertain the wishes of the participant and make decisions that maximise the personal and social wellbeing of the participant.

The NDIS Rules set out further information on how the Agency will determine who should be appointed and how the nominee should act.

There are two types of nominees: a correspondence nominee or a plan nominee and one individual can perform both functions

Correspondence Nominee

A correspondence nominee can undertake all activities that a participant would undertake, except for:

  • the preparation, review or replacement of the participant's plan; and/or
  • management of the funding for supports in the participant's plan.

Plan Nominee

A plan nominee can undertake all activities that a participant would undertake under the Scheme including:

  • the preparation, review or replacement of the participant's plan; and/or
  • management of the funding for supports in the participant's plan.

However the plan nominee may not undertake activities on behalf of the participant that may be outlined when the plan nominee is appointed.

Guardianship Information

Those who are in a formal caring role and acting on behalf of a person with disability are able to contact the National Disability Insurance Agency on behalf of that person, if the person is unable to make contact themselves.

In appointing a nominee under section 86 or 87 of the NDIS Act 2013, the National Disability Insurance Agency must consider whether someone legally:

  • has guardianship of the participant; or
  • has been appointed by a court, board or panel who has power to make decisions for the participant and whose responsibilities are relevant to the duties of a nominee.

If another person or body has all or part guardianship responsibility for a participant, then the National Disability Insurance Agency will work with the guardian in decision making in the same way they would work with parents and carers of participants who are under 18.

Guardians and nominees are advised that, in the context of the planning process, planners will support participants to exercise choice and control over their supports and providers.

Further Information

You may find the following documents useful. Where documents are being finalised, such as the draft rule for nominees, the final document will be put on this website when available.

For more information you can look at Part 5 of the National Disability Insurance Scheme Act 2013 which has more information.

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