Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p7
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 15869–18667

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 can expire either on the expiry of a specified period, or on the occurrence of a specified event.
                     Paragraph 4.9 summarises the operation of subsections 86(4) and (5) of the Act.
    4.10 The following are examples of when the CEO might decide that an appointment for a specified term is appropriate:
       (a) the CEO considers that it would be desirable to review the appointment of a nominee after a period to see whether the participant still needs a nominee;
       (b) the CEO has cause to believe that an appointed decision-maker could be appointed, and appoints a nominee in the interim;
       (c) the person that the participant would like as a nominee is presently not in a position to act (for example, they might be overseas or hospitalised), and the CEO appoints a nominee until that person is available;
       (d) the person appointed as nominee is a court-appointed or participant-appointed decision-maker, and the CEO considers it appropriate that the appointment as nominee should lapse if the appointment as decision-maker lapses.
    4.11 When appointing a nominee, the CEO is to have regard to the views of:
       (a) the participant; and
       (b) any carers who assist the participant to manage their day-to-day activities and make decision; and
       (c) other persons who provide support to the participant;
in deciding:
       (d) whether the appointment should be for a specified term; and
       (e) what that term should be.

Requirements with which the CEO is to comply when appointing nominee
    4.12 The CEO is to consult, in writing, with any court-appointed decision-maker or participant-appointed decision-maker in relation to any appointment.
    4.13 If the CEO is deciding whether to appoint as a nominee a person that is a body corporate:
       (a) the CEO is required to request the person to identify an officer or employee who will be closely involved in performance of the nominee functions under the NDIS; and
       (b) the rules set out in this Part (other than this rule) apply as if references to the person include references to the officer or employee.

       Part 5 How nominees are expected to act
    5.1 The Act provides guidance as to how nominees are to act under the NDIS. This guidance applies both to nominees appointed at the request of a participant and nominees appointed on the initiative of the CEO.
    5.2 Nominees have duties to participants under the Act. These duties operate under the NDIS in 3 principal ways:
       (a) these duties, which are stated in general