Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:4:p2
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 4 (pt 2/5)
Character Range: 44979–47708

provide support to the participant to express their preferences in making decisions in respect of accepting or declining an offer from the BSWAT payment scheme.
A nominee must communicate to the participant the process, decision and implications of decisions relating to the BSWAT payment scheme.
A nominee must promote and safeguard the participant's human rights and act in the way least restrictive of those rights when making decisions relating to the BSWAT payment scheme.
A nominee must recognise and respect the cultural and linguistic circumstances of the participant and ensure an appropriate form of communication for the purposes of communicating about the BSWAT payment scheme is used.
A nominee must inform the Secretary of the following circumstances:
the nominee has a conviction for an offence under a law of the Commonwealth, a State or Territory involving abuse, violence or fraud;
the nominee has, or is likely to acquire, a conflict of interest in relation to the nominee and the participant; or
the nominee believes that he or she cannot comply with his or her obligations under the Act and these rules.
A conflict of interest in relation to a nominee and a participant, means any conflict between the interests of the nominee (or an employee of the nominee) and the interests of the participant, whether pecuniary or otherwise, that would impact on the nominee's ability to carry out their role as a nominee.
  *
     1. Appointment and cancellation or suspension of appointment
          o
              -
                 1. Persons who must not be appointed as nominees
For paragraph 51(5)(a) of the Act, the following persons are persons who must not be appointed as nominees:
a person under 18 years of age;
a person employed by the Department;
a recipient of a grant made under Part II of the Disability Services Act 1986 or an employee of such a recipient;
a person who the Secretary has decided must sign a nominee declaration in accordance with section 7.04 but who has not done so.
However, a person mentioned in paragraph (b) or (c) of subsection (1) may be appointed as a nominee in relation to a participant if:
the person is a relative of the participant; or
the person is a court-appointed decision-maker in relation to the participant; or
the person is a participant-appointed decision-maker in relation to the participant; or
the person is a nominee in relation to the participant for the purposes of the social security law and has powers and responsibilities relevant to the duties of a nominee under the Act and these rules; or
the Secretary determines that there are circumstances which make it inappropriate for paragraph (b) or (c) of subsection (1) to apply in the case of the person