Document ID: chunk:federal_register_of_legislation:C2025C00129:section:88
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 88
Character Range: 303661–305095

88  Provisions relating to appointments
 (1) A person may be appointed as the plan nominee and the correspondence nominee of the same participant.
 (2) The CEO must not appoint a person as a nominee of a participant under section 86 or 87 except:
 (a) with the written consent of the person to be appointed; and
 (b) after taking into consideration the wishes (if any) of the participant regarding the making of the appointment.
 (3) In appointing a person as a nominee of a participant under section 86 or 87, the CEO must consider whether the person is able to comply with section 80.
 (4) In appointing a nominee of a participant under section 86 or 87, the CEO must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory:
 (a) has guardianship of the participant; or
 (b) is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee.
 (5) The CEO must cause a copy of an appointment under section 86 or 87 to be given to:
 (a) the nominee; and
 (b) the participant.
 (6) The National Disability Insurance Scheme rules may prescribe:
 (a) persons who must not be appointed as nominees; and
 (b) criteria the CEO is to apply or matters to which the CEO is to have regard in considering the appointment of a nominee.