Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:4:p4
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 4 (pt 4/5)
Character Range: 50107–53083

the participant would have made for himself or herself;
the desirability of preserving family relationships and informal support networks of the participant;
any existing arrangements that are in place between the person and the participant;
any relevant views of:
carers who assist the participant to manage their day-to-day activities and make decisions; and
other persons who provide support to the participant;
any relevant conviction for an offence under Commonwealth, State or Territory law;
any conflict of interest in relation to the person and the participant;
whether there is a court-appointed decision-maker, and if so the views of that person;
whether there is a participant-appointed decision-maker, and if so the views of that person; and
whether the participant already has a nominee appointed under the Act.
Note: The Secretary may appoint more than one person to be a nominee of a participant for the purposes of the Act: see subsection 50(6) of the Act.
To avoid doubt, the Secretary is not required to make inquiries in respect of any matter specified in subsection (1).
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                 1. Requirement to consult
For paragraph 56(a) of the Act, the Secretary must consult, in writing, with any court-appointed decision-maker or participant-appointed decision-maker in relation to any appointment of a nominee.
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                 1. Cancellation or suspension of appointment of a nominee
For paragraph 56(b) of the Act, when cancelling or suspending the appointment of a nominee, the Secretary, must have regard to the following:
any breach of a duty the nominee has to the participant under the Act or these rules;
the previous conduct of the nominee in relation to the participant;
the views of the participant, and any person who cares for or supports the participant;
the impact on the participant of any cancellation or suspension of appointment;
whether the nominee has been convicted of an offence under Commonwealth, State or Territory law that is reasonably likely to compromise the ability of the person to act as nominee; and
whether the participant still needs a nominee.
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     1. Review of certain decisions about nominees
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                 1. Applications for review
For subsection 59(3) of the Act, an application for review of decisions about nominees may be made orally or in writing.
An application for review must contain sufficient information to enable the Department to identify the decision in respect of which review is sought.
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                 1. Withdrawal of application for review
For subsection 60(1) of the Act, a person may withdraw an application for review orally or in writing.
The withdrawal must include sufficient information to enable the Department to identify the application for review which is being withdrawn.
 1. Disclosure of protected information
     1. Purpose