Document ID: chunk:federal_register_of_legislation:C2025C00129:section:43:p1
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 43 (pt 1/3)
Character Range: 146287–148881

43  Choice for the participant in relation to plan management
 (1) A participant for whom a plan is in effect or is being prepared may make a request (a plan management request):
 (a) that he or she manage the funding for supports under the plan wholly or to the extent specified in the request; or
 (b) that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider he or she nominates; or
 (c) that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by the Agency.
 (2) If a participant makes a plan management request, the statement of participant supports in the plan must give effect to the request, except to the extent set out in subsections (2A) to (6).
 (2A) If the plan is a new framework plan:
 (a) the CEO may, if satisfied that a circumstance mentioned in subsection (2C) exists, decide that:
 (i) a person mentioned in subsection (2B) is to manage a particular proportion of flexible funding provided under the plan; or
 (ii) a person mentioned in subsection (2B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and
 (b) the statement of participant supports in the plan must give effect to the decision.
Note: The CEO may make more than one decision under subparagraph (a)(i) or (ii) for a particular plan if there is more than one person mentioned in subsection (2B) for whom such a decision can be made.
 (2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if:
 (a) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:
 (i) is punishable by imprisonment for 2 years or more; or
 (ii) involves fraud or dishonesty; or
 (b) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:
 (i) is punishable by imprisonment for 2 years or more; or
 (ii) involves fraud or dishonesty.
 (2B) For the purposes of subparagraphs (2A)(a)(i) and (ii), the persons are as follows:
 (a) the Agency;
 (b) the participant, if the participant has made a plan management request covered by paragraph (1)(a) and