Document ID: chunk:federal_register_of_legislation:F2013L01062:body:0:p4
Version: federal_register_of_legislation:F2013L01062
Segment Type: other
Provision Reference: 
Character Range: 7639–10742

to in paragraph 3.7 above. The acts that a correspondence nominee is able to do include making requests to the Agency (for example, requests for information), and receiving notices from the Agency, on behalf of the participant.
    3.10 The matters the correspondence nominee is able to deal with cannot be limited further by the instrument of appointment.
                     Paragraphs 3.1 to 3.10 summarise the operation of sections 78 and 79, and subsection 86(4), of the Act. These sections contain further details relating to actions of nominees.

How appointment of nominee comes about
    3.11 A plan nominee or a correspondence nominee may be appointed:
       (a) at the request of the participant; or
       (b) on the initiative of the CEO.
                     Paragraph 3.11 summarises subsections 86(2) and 87(2) of the Act. The Act contains further provisions relating to the appointment of a nominee, which have not been summarised in these Rules.

Appointment at request of participant
    3.12 If the participant has requested that a nominee be appointed, the CEO is to have regard to the principle that a nominee should ordinarily be appointed if the participant requests one.
    3.13 If the participant has requested that a particular person be appointed as nominee, the CEO is to have regard to the following:
       (a) the principle that the person the participant has requested should ordinarily be appointed;
       (b) any evidence that indicates that the person might have unduly or improperly induced or influenced the participant to request the appointment;
       (c) any conflicts of interest.

Appointment without a request from the participant
    3.14 If the participant has not requested that a nominee be appointed, the CEO, when deciding whether to appoint a nominee, is to:
       (a) consult with the participant; and
       (b) have regard to the following:
           (i) whether the participant would be able to participate effectively in the NDIS without having a nominee appointed;
           (ii) the principle that a nominee should be appointed only when necessary, as a last resort, and subject to appropriate safeguards;
           (iii) whether the participant has a court-appointed decision-maker or a participant-appointed decision-maker;
           (iv) whether the participant has supportive relationships, friendships or connections with others that could be:
              (A) relied on or strengthened to assist the participant to make their own decisions; or
              (B) improved by appointment of an appropriate person as a nominee;
           (v) any relevant views of:
              (A) the participant; and
              (B) any person (including a carer) who assists the participant to manage their day-to-day activities and make decisions; and
              (C) any court-appointed decision-maker or participant-appointed decision-maker.
    3.15 An example of a circumstance in which a nominee might be appointed without a request from the participant is where the CEO considers that the participant needs a nominee, but is unable