Nominees

  1. What is the purpose of this operational guideline?
  2. What is the relevant legislation?
  3. Overview
  4. Principles relating to nominees
  5. Appointment of Nominees
    1. Presumption of Capacity
    2. General considerations for appointing a nominee
    3. How do appointments of nominees come about?
    4. How will the NDIA decide whether it is necessary to appoint a nominee?
    5. How will the NDIA decide who should be appointed as nominee?
      1. Persons that cannot be appointed as a nominee
      2. Matters to take into account when deciding who to appoint as nominee
      3. Additional considerations when deciding who to appoint as nominee when participant requests a particular person
    6. Appointing a plan nominee
      1. The appointment of a plan nominee may contain limits
      2. Can more than one plan nominee be appointed?
      3. Can a person be appointed as both plan nominee and correspondence nominee?
    7. Appointing a correspondence nominee
    8. Additional requirements for appointing certain body corporate as nominee
    9. Term of a nominee’s appointment
    10. Decision to appoint a nominee can be reviewed
  6. Duties of nominees
    1. Duties of nominees under the NDIS Act and the Nominees Rules
      1. Duty to ascertain wishes of the participant and to promote the personal and social wellbeing of the participant
      2. Duty of plan nominee appointed on the initiative of the NDIA to act only if participant is not capable
      3. Duty of plan nominee appointed at the request of the participant to act only if participant is not capable
      4. Duty to consult
      5. Duty to develop capacity of the participant
      6. Duty to avoid or manage conflicts of interest
      7. Duty for corporate nominee to inform NDIA if person closely involved in performance of nominee functions changes
  7. Rights and obligations relating to nominees
    1. Actions of plan nominee on behalf of participant
    2. Plan nominee required to give statement regarding disposal of money
    3. Actions of correspondence nominee on behalf of participant
    4. NDIA obligation to give notices to correspondence nominee
    5. Correspondence nominee may satisfy certain requirements on behalf of participant
    6. Right of nominee to attend with participant
    7. Nominee's obligation to inform NDIA of matters affecting ability to act as nominee
  8. Suspension and cancellation of nominee appointments
    1. Cancellation of nominee appointment at the request of participant
      1. Where nominee was appointed at the request of a participant
      2. Where nominee was appointed on the initiative of the NDIA
    2. Cancellation of nominee appointment where nominee no longer wishes to be a nominee
    3. NDIA may suspend or cancel nominee appointment when a nominee’s ability to act as nominee becomes compromised
    4. NDIA may suspend or cancel nominee appointment when a nominee fails to comply with notice
    5. Suspension and cancellation where nominee’s appointment may cause physical, mental or financial harm to participant
    6. Matters which the NDIA must have regard to in suspending or cancelling a nominee’s appointment
    7. Effect of suspension on nominee’s appointment
    8. NDIA must give instrument of suspension or cancellation to person and participant
    9. Decision to suspend or cancel a nominee appointment can be reviewed
  9. Other matters relating to nominees
    1. NDIA's powers to give notices to a participant
    2. Notification to nominee where notice is given to a participant
    3. Protection of participant against liability for actions of nominee
    4. Protection of nominee against criminal liability