Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p3
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 5185–7887

the NDIS.
    3.2 However, the Act recognises that there may be circumstances where it is necessary for a person to be appointed as a nominee of a participant, and to act on behalf of, or make decisions on behalf of, a participant.
    3.3 Appointments of nominees will be justified only when it is not possible for participants to be assisted to make decisions for themselves. Appointments of nominees usually come about as a result of a participant requesting that a nominee be appointed.
    3.4 It is only in rare and exceptional cases that the CEO will find it necessary to appoint a nominee for a participant who has not requested that an appointment be made. In appointing a nominee in such circumstances, the CEO will have regard to the participant's wishes and the participant's circumstances (including their formal and informal support networks).
    3.5 This Part deals with the issue of whether it is necessary for a nominee to be appointed.

Types of nominee
    3.6 Under the NDIS, there are 2 types of nominee: a plan nominee and a correspondence nominee. A single person can be appointed as both plan nominee and correspondence nominee. Either type of nominee can be appointed either indefinitely or for a specified term.

Plan nominee
    3.7 Usually, a plan nominee is able to do any act that may be done by a participant under, or for the purposes of, the Act, that relates to:
       (a) the preparation, review or replacement of the participant's plan; or
       (b) the management of funding for supports under the participant's plan.
    3.8 In some circumstances, it may be appropriate to limit the matters that a plan nominee is appointed to deal with. The CEO is able to specify limitations in the instrument of appointment. For example, the appointment might be restricted so as to prevent the nominee from specifying the goals, objectives and aspirations of the participant. In such a case, the nominee might still have authority with respect to the management of funding under a plan. Alternatively, the CEO might appoint 2 or more plan nominees, and, in each instrument of appointment, limit the matters in relation to which each person is the plan nominee.

Correspondence nominee
    3.9 In contrast, the role of a correspondence nominee is significantly narrower. Although a correspondence nominee is able to do a range of acts on behalf of a participant under the NDIS, they are not able to do any of the acts referred to in paragraph 3.7 above. The acts that a correspondence nominee is able to do include making requests to the Agency (for example, requests for information), and receiving notices from the Agency, on behalf of the participant.
    3.10 The matters