Document ID: chunk:federal_register_of_legislation:F2025L00279:clause:1_6:p3
Version: federal_register_of_legislation:F2025L00279
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 3/4)
Character Range: 8632–11426

or the plan nominee that the CEO considers relevant;
           (h) any other matters that the CEO considers relevant.

Matters to which the CEO must have regard – child representative
 (5) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 74(4) of the Act, whether management of the funding for supports under a plan to a particular extent by a person mentioned in subsection 74(1) would present an unreasonable risk to a participant who is a child:
 (a) whether, and the extent to which, any identified risk could be mitigated by:
 (i) particular supports, safeguards or strategies that are, or will be, included in the participant's statement of participant supports to which the plan management request relates; or
 (ii) any informal, community or mainstream supports the participant and the person have in place;
           (b)  whether, and the extent to which, any identified risk has been mitigated in the past by:
 (i) particular supports, safeguards or strategies that were included in the participant's statement of participant supports;
  (ii)  any informal, community or mainstream supports that the participant or the person had in place;
           (c)   the nature of the supports that are, or will be, included in the participant's statement of participant supports to which the plan management request relates;
 (d)  whether, and the extent to which, the participant is at risk of experiencing:
 (i) physical, mental or financial harm;
 (ii) exploitation or undue influence;
           (e)   the person's ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so;
           (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the person;
           (g)    any matters raised by the participant or the person that the CEO considers relevant;
           (h) any other matters that the CEO considers relevant.
Note: Subsection 74(1) provides that if this Act requires or permits a thing to be done by or in relation to a child, the thing is to be done by or in relation to:
(a) the person who has, or the persons who jointly have, parental responsibility for the child; or
(b) if the CEO is satisfied that this is not appropriate—a person determined in writing by the CEO.

Matters to which the CEO must not have regard – all decisions
 (6) However, the following are matters to which the CEO must not have regard in undertaking any of the considerations mentioned in subsections (2), (3), (4) and (5):
 (a) the nature of any of the participant's impairments;
 (b) any total funding amount or funding component amount under the plan;
 (c) if applicable,