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COMMONWEALTHAct
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s 79

Actions of correspondence nominee on behalf of participant

In force
Chapter 4Administration
Part 5Nominees
Division 1Functions and responsibilities of nominees

79 Actions of correspondence nominee on behalf of participant

(1)

Any act that may be done by a participant under, or for the purposes of, this Act may be done by the participant’s correspondence nominee, other than an act that relates to:

(a)

the preparation, variation, reassessment or replacement of the participant’s plan; or

(b)

the management of the funding for supports under the participant’s plan; or

(c)

withdrawing as a participant under section 29A.

Note 1:

For the appointment of correspondence nominees, see section 87.

Note 2:

This subsection is subject to section 85 (which deals with the right of the nominee to attend with a participant) and subsection (4) of this section.

(2)

Without limiting subsection (1), a request (other than a request under section 29A) that may be made under this Act by a participant may be made by the participant’s correspondence nominee on behalf of the participant.

(3)

An act done by a participant’s correspondence nominee because of this section has effect, for the purposes of this Act (other than this Part), as if it had been done by the participant.

(4)

If, under this Act, the CEO gives a notice to a participant who has a correspondence nominee, subsection (1) does not extend to an act that is required by the notice to be done by the participant personally.

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