Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p6
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 13081–16104

are set out in section 80 of the Act and also Part 5 of these Rules).
                     Paragraph 4.7, so far as it relates to paragraph (b), summarises the requirement of subsection 88(3) of the Act.
    4.8 The CEO is also to have regard to the following:
       (a) 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;
       (b) the degree to which the person:
           (i) knows, and is in a relationship of trust with, the participant; and
           (ii) is willing and able to:
              (A) act in conjunction with other representatives and supporters of, and carers for, the participant to maximise the participant's wellbeing; and
              (B) undertake the kinds of activities that a nominee is required to undertake in performing their functions under the Act (for example, a plan nominee might be required to enter into contracts on behalf of the participant); and
              (C) involve the participant in decision-making processes; and
              (D) assist the participant to make decisions for himself or herself; and
              (E) ascertain what judgements and decisions the participant would have made for him or herself; and
           (iii) understands and is committed to performing the duties of a nominee; and
           (iv) is sensitive to the cultural and linguistic circumstances of the participant; and
           (v) is familiar with, and able to work with, any communication system or other technological supports of the participant;
       (c) the desirability of preserving family relationships and informal support networks of the participant;
       (d) any existing arrangements that are in place between the person and the participant;
       (e) where the CEO has asked the person to answer any questions or provide any information in relation to the possible appointment of that person as a nominee (including requesting the person to consent to the release of information concerning their criminal history or to disclose any conflict of interest in relation to the person and the participant):
           (i) any answers or information that have been provided by the person; and
           (ii) any refusal by the person to provide answers or information;
       (f) any relevant views of:
           (i) carers who assist the participant to manage their day-to-day activities and make decisions; and
           (ii) other persons who provide support to the participant;
       (g) any relevant conviction for an offence under Commonwealth, State or Territory law;
       (h) any conflict of interest in relation to the person and the participant.

Term of appointment of nominee
    4.9 Under the Act, the CEO is able to appoint a plan nominee or a correspondence nominee indefinitely, or for a specified term. An appointment that is for a specified term