Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p5
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 10469–13308

(C) any court-appointed decision-maker or participant-appointed decision-maker.
    3.15 An example of a circumstance in which a nominee might be appointed without a request from the participant is where the CEO considers that the participant needs a nominee, but is unable to request appointment himself or herself, even with support. In such circumstances, the initiative might come from a carer or other person who offers to be the nominee.

       Part 4 Who should be appointed as nominee?
    4.1 This Part deals with the issue of who should be appointed as a nominee.
    4.2 Under the NDIS, the CEO is responsible for deciding who should be appointed as a nominee.

Persons that cannot be appointed as nominee
    4.3 The Act envisages that there are some persons who it would be inappropriate to appoint as a nominee.
                     Paragraphs 4.1 to 4.3 summarise the operation of the Act.
    4.4 The following persons must not be appointed as a nominee:
       (a) a person under 18 years of age;
       (b) the Agency;
       (c) any individual associated with the Agency, other than in their personal capacity.

Matters to take into account when deciding who to appoint as nominee
    4.5 There are several matters the CEO is required to take into account when deciding whether to appoint a particular person as a nominee. These are set out below.
    4.6 The CEO is to:
       (a) take into consideration the wishes (if any) of the participant regarding the making of the appointment; and
       (b) have regard to those wishes, however they are expressed (for example, a participant might express a wish in a non-verbal manner, or might express a wish to a third party, such as a disability support worker); and
       (c) have regard to:
           (i) whether the participant has a court-appointed decision-maker or a participant-appointed decision-maker; and
           (ii) if so—the views of that person.

                     Paragraphs 4.6(a) and 4.6(c)(i) (to the extent that that it relates to a person who has guardianship of the participant) summarise the requirements of paragraph 88(2)(b) and subsection 88(4) of the Act.

                     Paragraphs 4.6(b), 4.6(c)(i) (other than to the extent that that it relates to a person who has guardianship of the participant) and 4.6(c)(ii) prescribe further matters to which the CEO is to have regard when appointing a nominee.

    4.7 The CEO is also to:
       (a) have regard to whether the person is willing; and
       (b) consider whether the person is able;
to comply with the duties of a nominee to a participant (these are set out in section 80 of the Act and also Part 5 of these Rules).
                     Paragraph 4.7, so far as it relates to paragraph (b), summarises the requirement of subsection 88(3) of the Act.
    4.8 The CEO is also