Document ID: chunk:federal_register_of_legislation:C2025C00129:section:43:p2
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 43 (pt 2/3)
Character Range: 148629–151396

or
 (ii) involves fraud or dishonesty.
 (2B) For the purposes of subparagraphs (2A)(a)(i) and (ii), the persons are as follows:
 (a) the Agency;
 (b) the participant, if the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee;
 (c) if:
 (i) the participant has a plan nominee; and
 (ii) the participant has made a plan management request covered by paragraph (1)(a); and
 (iii) the decision would be consistent with the terms of the plan nominee's appointment;
  the plan nominee;
 (d) a registered plan management provider, if the participant has made a plan management request covered by paragraph (1)(b) that nominates the provider.
 (2C) For the purposes of paragraph (2A)(a), the circumstances are as follows:
 (a) the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;
 (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant's previous plans;
 (c) a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.
 (2D) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of paragraph (2A)(a), including but not limited to:
 (a) requirements with which the CEO must comply; and
 (b) methods or criteria that the CEO is to apply; and
 (c) matters that the CEO may, must or must not take into account;
in making any decision under paragraph (2A)(a).
 (3) If:
 (a) a participant makes a plan management request covered by paragraph (1)(a); and
 (b) subsection 44(1) applies in relation to the participant;
the statement of participant supports in the plan must provide for the funding for supports under the plan:
 (c) if paragraph 44(1)(a) or (aa) applies—to be wholly managed by the Agency; and
 (d) if paragraph 44(1)(b) or (c) applies—to be managed by the Agency to the extent covered by that paragraph.
 (4) If:
 (a) a participant makes a plan management request covered by paragraph (1)(b); and
 (b) subsection 44(2) applies in relation to the registered plan management provider;
the statement of participant supports in the plan must provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection.
 (4A) If:
 (a) a participant makes a plan management request covered by paragraph (1)(b); and
 (b) subsection 44(2AA) applies in relation to the registered plan management provider;
the statement of participant supports in the plan may provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection.
 (5) If:
 (a) the participant has a plan