Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:4:p1
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 4 (pt 1/5)
Character Range: 42388–45246

4         Item 1 does not apply to the person and the person has been enrolled for 10 years or more but less than 15 years           $2,500

The person's hourly rate is one-sixth of the person's daily rate.
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                 1. Hourly and daily rates
If a person appointed as an external reviewer works more than six hours in any day, he or she is entitled to the daily rate for that day.
If a person appointed as an external reviewer works less than six hours in any day, he or she is entitled to the hourly rate for each of the hours he or she worked on that day.
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                 1. Rates are inclusive of GST
A person appointed as an external reviewer is not entitled to any additional amount on account of GST.
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     1. External review process
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                 1. Requirements for external review
For subsection 28(2) of the Act, an external reviewer must conduct the review on the papers and without an oral hearing.
 1. Nominees
     1. Functions and responsibilities of nominees
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                 1. Modification of duty in relation to participants who cannot formulate preferences
For subsection 46(4) of the Act, if the participant cannot formulate preferences for the purposes of subsection 46(1) of the Act, it is the duty of a nominee to ascertain what the participant would likely want.
A nominee may ascertain what the participant would likely want by doing any or all of the following things:
considering any previous views or wishes expressed by the participant;
consulting with any court-appointed decision-maker;
consulting with any participant-appointed decision-maker; or
consulting with family members, carers or informal supporters of the participant.
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                 1. Other duties
For paragraph 46(5) of the Act, this section prescribes other duties of a nominee.
A nominee must support decision-making by the participant personally.
A nominee must have regard, and give appropriate weight, to the views of the participant.
A nominee must become sufficiently familiar with the financial affairs of the participant so that the nominee can discharge his or her duties under the Act and these rules.
A nominee must avoid or manage any conflict of interest in relation to the nominee and the participant.
If more than one person is appointed as nominee, a further duty of each of them is to consult with the others before doing any act under, or for the purposes of, the Act.
A nominee must provide support to the participant to express their preferences in making decisions in respect of accepting or declining an offer from the BSWAT payment scheme.
A nominee must communicate to the participant the process, decision and implications of decisions relating