Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:4:p3
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 4 (pt 3/5)
Character Range: 47488–50378

to the duties of a nominee under the Act and these rules; or
the Secretary determines that there are circumstances which make it inappropriate for paragraph (b) or (c) of subsection (1) to apply in the case of the person and the participant.
In these rules, relative of a participant means any of the following:
the spouse of the participant;
a parent or remoter lineal ancestor of the participant or of the participant's spouse;
a child or remoter lineal descendant of the participant or of the participant's spouse;
a brother or sister of the participant or of the participant's spouse;
an uncle, aunt, nephew or niece of the participant or of the participant's spouse;
the spouse of a person specified in paragraph (b), (c), (d) or (e);
a person who the Secretary is satisfied is in a culturally recognised relationship with the participant.
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                 1. Nominee declaration
The Secretary may decide that a person must make a declaration in accordance with this section.
A declaration complies with this section if it is made in the approved form and is accompanied by such information and documents as are specified in the approved form.
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                 1. Criteria and matters for considering appointment
For paragraph 51(5)(b) of the Act, the following criteria and matters are prescribed as criteria and matters which the Secretary is to apply, or have regard to, in considering the appointment of a nominee:
the presumption that, if the participant has a court-appointed decision-maker or a participant-appointed decision-maker, and the powers and responsibilities of that person are comparable with those of a nominee, that person should be appointed as nominee;
the degree to which the person:
knows, and is in a relationship of trust with, the participant; and
understands and is committed to performing the duties of a nominee; and
is sensitive to the cultural and linguistic circumstances of the participant; and
is familiar with, and able to work with, any communication system or other technological supports of the participant;
the degree to which the person is willing and able to:
act in conjunction with other representatives and supporters of, and carers for, the participant to maximise the participant's wellbeing; and
undertake the kinds of activities that a nominee is required to undertake in performing their functions under the Act; and
involve the participant in decision-making processes; and
assist the participant to make decisions for himself or herself; and
ascertain what judgements and decisions 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