Document ID: chunk:federal_register_of_legislation:C2025C00129:section:74:p2
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 74 (pt 2/3)
Character Range: 284491–287171

a request covered by paragraph (2)(a);
 (c) a registered plan management provider, if the person mentioned in subsection (1) has made a request covered by paragraph (2)(b) that nominates the provider.
 (3C) For the purposes of paragraph (3A)(a), the circumstances are as follows:
 (a) the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;
 (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant's previous plans;
 (c) a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.
 (3D) Paragraph (3A)(b) does not apply to funding to the extent that subsection (4) or (4A) applies to the funding.
 (4) The statement of participant supports in a participant's plan must not provide that the person referred to in paragraph (2)(a) is to manage the funding for supports under the participant's plan:
 (a) to any extent, if the person is an insolvent under administration; or
 (b) to a particular extent, if the CEO is satisfied:
 (i) that management of the plan to that extent would present an unreasonable risk to the participant; or
 (ii) that management of the plan to that extent would permit the person to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by the person; or
 (iii) that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the person were to manage the funding for supports under the plan to that extent.
 (4A) If:
 (a) a person mentioned in subsection (1) has made a request covered by paragraph (2)(b); and
 (b) the CEO is satisfied that the management of the funding for supports under the plan to a particular extent by the registered plan management provider nominated by the person would present an unreasonable risk to the participant;
the statement of participant supports in the participant's plan must not provide that the nominated provider is to manage the funding for supports under the plan to that extent.
 (5) Subsections (1) and (2) of this section do not have effect in relation to a participant who is a child if:
 (a) the CEO is satisfied that the child is capable of making decisions for himself or herself; and
 (b) the CEO is satisfied that it is appropriate in the circumstances for those subsections not to apply to the child; and
 (c) the CEO makes a determination that those subsections do not apply to the child.
 (6) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of this section, including