Nominees Operational Guideline - Other matters relating to nominees

9. Other matters relating to nominees

9.1 NDIA's powers to give notices to a participant

The provisions in the NDIS Act which relate to nominees are not intended, in any way, to affect the NDIA's powers under other parts of the NDIS Act to give notices to, or make requirements of a participant who has a nominee (section 95). For instance, the NDIA could require a participant to undergo an assessment or examination.

9.2 Notification to nominee where notice is given to a participant

If, under the NDIS Act, the NDIA gives a notice to a participant who has a correspondence nominee, the NDIA may inform the correspondence nominee that the notice was given to the participant and what the terms of the notice were (section 96 (1)).

If, under the NDIS Act:

  • the NDIA gives a notice to a participant who has a plan nominee; and
  • the notice relates to the preparation, management or review of the participant's plan;

the NDIA must inform the plan nominee that the notice was given to the participant and what the terms of the notice were (section 96 (2)).

9.3 Protection of participant against liability for actions of nominee

Nothing in the NDIS Act renders a participant guilty of an offence in relation to any act or omission of the participant's nominee (section 97).

9.4 Protection of nominee against criminal liability

A nominee of a participant is not subject to any criminal liability under the NDIS Act in relation to:

  • any act or omission of the participant (section 98(1)(a)); or
  • anything done, in good faith, by the nominee in their capacity as nominee (section 98(1)(b)).
This page current as of
3 December 2019