Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p1
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National Disability Insurance Scheme (Nominees) Rules 2013

National Disability Insurance Scheme Act 2013 (the Act)
The Act establishes the National Disability Insurance Scheme (the NDIS).
People who are participants in the NDIS will be assisted to develop a personal, goal-based plan about how they will be provided with general supports and reasonable and necessary supports.
The NDIS will respect the interests of people with disability in exercising choice and control about matters that affect them.

National Disability Insurance Scheme (Nominees) Rules 2013
These Rules are made for the purposes of sections 80, 88 and 93 of the Act.
These Rules are about nominees, and deal with whether a nominee should be appointed, who should be appointed as a nominee, duties of nominees, and cancellation and suspension of nominees.
These Rules commence on 1 July 2013.

The Hon Jenny Macklin MP
Minister for Families, Community Services and Indigenous Affairs
Minister for Disability Reform

18 June 2013

Contents

National Disability Insurance Scheme (Nominees) Rules 2013
Part 1 What these Rules are about
Part 2 Outline of these Rules
Part 3 Whether it is necessary to appoint nominee
Types of nominee
How appointment of nominee comes about
Part 4 Who should be appointed as nominee?
Persons that cannot be appointed as nominee
Matters to take into account when deciding who to appoint as nominee
Term of appointment of nominee
Requirements with which the CEO is to comply when appointing nominee
Part 5 How nominees are expected to act
Duty to ascertain wishes, and promote personal and social wellbeing, of participant
Plan nominee to act only if participant not capable
Duty to consult
Duty to develop capacity of participant
Duty to avoid or manage conflicts of interest
Duty for corporate nominee to inform CEO if person closely involved in performance of nominee functions changes
Part 6 Suspension and cancellation of appointment of nominee
Part 7 Other matters
Citation
Interpretation

       Part 1 What these Rules are about
    1.1 These Rules are about nominees, and deal with whether a nominee should be appointed, who should be appointed as a nominee, the term of the appointment, duties of nominees, and cancellation and suspension of nominees. These Rules apply to all nominees, whether appointed at the request of a participant or on the initiative of the CEO.
    1.2 The Act sets out a number of objects and principles for the NDIS. The following are particularly relevant to these Rules:

Objects
       (a) to enable people with disability to exercise 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