Document ID: chunk:federal_register_of_legislation:F2025L00279:clause:1_6:p1
Version: federal_register_of_legislation:F2025L00279
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/4)
Character Range: 3269–6180

6  Considering whether there is an unreasonable risk to the participant—matters to which the CEO must, and must not, have regard
 (1) This section is made for the purposes of subsections 44(3) of the Act and 74(6) of the Act.

Matters to which the CEO must have regard – participant
 (2) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(1) of the Act, whether a participant's management of the funding for supports under a plan to a particular extent would present an unreasonable risk to the participant:
 (a)  whether, and the extent to which, any identified risk could be mitigated by:
 (i) particular supports, safeguards or strategies that are, or will be, included in the participant's statement of participant supports to which the plan management request relates;
  (ii)  any informal, community or mainstream supports that the participant has in place;
           (b)  whether, and the extent to which, any identified risk has been mitigated in the past by:
 (i) particular supports, safeguards or strategies that were included in the participant's statement of participant supports;
  (ii)  any informal, community or mainstream supports that the participant had in place;
           (c)  the nature of the supports that are, or will be, included in the participant's statement of participant supports to which the plan management request relates;
 (d) whether, and the extent to which, the participant is at risk of experiencing:
 (i) physical, mental or financial harm;
 (ii) exploitation or undue influence;
           (e)   the participant's ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the participant is likely to receive to do so;
           (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the participant;
           (g)   any matters raised by the participant that the CEO considers relevant;
           (h) any other matters that the CEO considers relevant.

Matters to which the CEO must have regard – registered plan management provider
 (3) The following are matters to which the CEO must have regard in considering, for the purposes of subsections 44(2) and 74(4A) of the Act, whether a plan management provider's management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant:
 (a)  whether, and the extent to which, any identified risk could be mitigated by:
 (i) particular supports, safeguards or strategies that are, or will be, included in the participant's statement of participant supports to which the plan management request relates; or
 (ii) any informal, community or mainstream supports the participant has in place;
           (b)  whether, and the extent to which, any identified risk has been mitigated