Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p2
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 2578–5401

choice and control in the pursuit of their goals and the planning and delivery of their supports;

Principles
       (b) people with disability should be supported to exercise choice, including in relation to taking reasonable risks, in the pursuit of their goals and the planning and delivery of their supports;
       (c) people with disability have the same right as other members of Australian society to be able to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives, to the full extent of their capacity;
       (d) people with disability should be supported in all their dealings and communications with the Agency so that their capacity to exercise choice and control is maximised in a way that is appropriate to their circumstances and cultural needs;
       (e) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected;
       (f) where acts or things are done on behalf of persons with disability:
           (i) they should be involved in decision-making that affects them, including making decisions for themselves, to the extent possible; and
           (ii) they should be encouraged to engage in the life of the community; and
           (iii) the judgements and decisions they would have made for themselves should be taken into account; and
           (iv) their cultural and linguistic circumstances, and gender, should be taken into account; and
           (v) their supportive relationships, friendships and connections with others should be recognised.

       Part 2 Outline of these Rules
    2.1 People with disability usually do not need a nominee for the purposes of the NDIS. Part 3 deals with determining whether it is necessary for a nominee to be appointed.
    2.2 Part 4 deals with who should be appointed as a nominee and the term of the appointment.
    2.3 Part 5 deals with how nominees are expected to act, and prescribes additional duties of nominees.
    2.4 Part 6 deals with suspension and cancellation of appointments of nominees.
    2.5 Part 7 deals with other matters, including interpretation of these Rules.

       Part 3 Whether it is necessary to appoint nominee
    3.1 People with disability are presumed to have capacity to make decisions that affect their own lives. This is usually the case, and it will not be necessary to appoint a nominee where it is possible to support, and build the capacity of, participants to make their own decisions for the purposes of 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,