Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p10
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 23403–26234

at the request of the participant, and the participant requests the CEO to cancel the appointment; or
       (b) the nominee informs the CEO that they no longer wish to be a nominee.
    6.3 The CEO is able, but not required, to cancel an appointment if the nominee was appointed on the initiative of the CEO, and the participant requests the CEO to cancel the appointment.
    6.4 The CEO is able, but not required, to cancel or suspend the appointment of a nominee if:
       (a) the ability of the person to act as nominee becomes compromised; or
       (b) the CEO has reasonable grounds to believe that the nominee has caused, or is likely to cause, physical, mental or financial harm to the participant.
                     Paragraphs 6.1 to 6.4 summarise sections 89, 90 and 91 of the Act. The provisions in the Act contain further details of the grounds of suspension and cancellation, and should be consulted where appropriate. The Act specifies a number of detailed procedural and other requirements that must be followed for these grounds of cancellation or suspension to be relied on.
    6.5 When cancelling or suspending the appointment of a nominee in the situations described in paragraph 6.3 or paragraph 6.4, the CEO is to have regard to the following:
       (a) any breach of a duty of the nominee to the participant under the Act or these Rules;
       (b) the previous conduct of the nominee in relation to the participant;
       (c) the results of any review of the participant's plan;
       (d) the views of the participant, and of any person who cares for or supports the participant;
       (e) the impact on the participant of any cancellation or suspension of appointment;
       (f) whether the nominee has been convicted of a criminal offence that is reasonably likely to compromise the ability of the person to act as nominee;
       (g) whether the participant still needs a nominee, having regard to the considerations mentioned in paragraph 3.14(b).
       Part 7 Other matters

Citation
    7.1 These Rules may be cited as the National Disability Insurance Scheme (Nominees) Rules 2013.

Interpretation
    7.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.
    7.3 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 7.4.
    7.4 In these Rules:
    Act means the National Disability Insurance Scheme Act 2013.
    Agency—see