Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p9
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 20876–23628

impact on them in their capacity as a court-appointed decision-maker or a participant-appointed decision-maker).
                     See also section 207 of the Act, which deals with the concurrent operation of State and Territory laws with the Act.

Duty to consult
    5.8 A nominee has a duty to consult with the following in relation to doing acts under, or for the purposes of, the Act:
       (a) any court-appointed decision-maker or any participant-appointed decision-maker;
       (b) any other person who assists the participant to manage their day-to-day activities and make decisions (for example, a person who cares for the participant).
    5.9 If more than 1 person is appointed as plan nominee, a further duty of each of them is to consult with the others before doing any act under, or for the purposes of, the Act.

Duty to develop capacity of participant
    5.10 A nominee has a duty to apply their best endeavours to developing the capacity of the participant to make their own decisions, where possible to a point where a nominee is no longer necessary.
    5.11 It is expected that the Agency will assist nominees in fulfilling this duty.

Duty to avoid or manage conflicts of interest
    5.12 A nominee has a duty to the participant to:
       (a) avoid or manage any conflict of interest in relation to the nominee and the participant; and
       (b) inform the CEO of any such conflict of interest as it arises.
    5.13 Without limiting paragraph 5.12, a conflict arises if the nominee is, in a professional or administrative capacity, directly or indirectly responsible for, or involved in, the provision of any services for fee or reward to the participant.

Duty for corporate nominee to inform CEO if person closely involved in performance of nominee functions changes
    5.14 A nominee that is a body corporate has a duty, in relation to each participant in respect of which the person is the nominee, to:
       (a) ensure that there is an officer or employee who is closely involved in performance of the nominee functions under the NDIS; and
       (b) inform the CEO of who that officer or employee is (including if a different officer or employee takes on that responsibility).

       Part 6 Suspension and cancellation of appointment of nominee
    6.1 Under the Act, there are several situations in which the CEO is able, or is required, to suspend or cancel the appointment of a nominee.
    6.2 The CEO is required to cancel an appointment if:
       (a) the nominee was appointed at the request of the participant, and the participant requests the CEO to cancel the appointment; or
       (b) the nominee informs the CEO that they no longer wish to be a nominee.
    6.3 The CEO is able, but not required,