On this page:
- What is the purpose of this operational guideline?
- What is the relevant legislation?
- Overview
- Principles relating to nominees
- Appointment of Nominees
- Presumption of Capacity
- General considerations for appointing a nominee
- How do appointments of nominees come about?
- How will the NDIA decide whether it is necessary to appoint a nominee?
- How will the NDIA decide who should be appointed as nominee?
- Appointing a plan nominee
- Appointing a correspondence nominee
- Additional requirements for appointing certain body corporate as nominee
- Term of a nominee’s appointment
- Decision to appoint a nominee can be reviewed
- Duties of nominees
- Duties of nominees under the NDIS Act and the Nominees Rules
- Duty to ascertain wishes of the participant and to promote the personal and social wellbeing of the participant
- Duty of plan nominee appointed on the initiative of the NDIA to act only if participant is not capable
- Duty of plan nominee appointed at the request of the participant to act only if participant is not capable
- Duty to consult
- Duty to develop capacity of the participant
- Duty to avoid or manage conflicts of interest
- Duty for corporate nominee to inform NDIA if person closely involved in performance of nominee functions changes
- Duties of nominees under the NDIS Act and the Nominees Rules
- Rights and obligations relating to nominees
- Actions of plan nominee on behalf of participant
- Plan nominee required to give statement regarding disposal of money
- Actions of correspondence nominee on behalf of participant
- NDIA obligation to give notices to correspondence nominee
- Correspondence nominee may satisfy certain requirements on behalf of participant
- Right of nominee to attend with participant
- Nominee's obligation to inform NDIA of matters affecting ability to act as nominee
- Suspension and cancellation of nominee appointments
- Cancellation of nominee appointment at the request of participant
- Cancellation of nominee appointment where nominee no longer wishes to be a nominee
- NDIA may suspend or cancel nominee appointment when a nominee’s ability to act as nominee becomes compromised
- NDIA may suspend or cancel nominee appointment when a nominee fails to comply with notice
- Suspension and cancellation where nominee’s appointment may cause physical, mental or financial harm to participant
- Matters which the NDIA must have regard to in suspending or cancelling a nominee’s appointment
- Effect of suspension on nominee’s appointment
- NDIA must give instrument of suspension or cancellation to person and participant
- Decision to suspend or cancel a nominee appointment can be reviewed
- Other matters relating to nominees