National Disability Insurance Scheme Act 2013

A person may be appointed as the plan nominee and the correspondence nominee of the same participant.

The CEO must not appoint a person as a nominee of a participant under section 86 or 87 except:

with the written consent of the person to be appointed; and

after taking into consideration the wishes (if any) of the participant regarding the making of the appointment.

In appointing a person as a nominee of a participant under section 86 or 87, the CEO must consider whether the person is able to comply with section 80.

In appointing a nominee of a participant under section 86 or 87, the CEO must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory:

has guardianship of the participant; or

is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee.

The CEO must cause a copy of an appointment under section 86 or 87 to be given to:

the nominee; and

the participant.

The National Disability Insurance Scheme rules may prescribe:

persons who must not be appointed as nominees; and

criteria the CEO is to apply or matters to which the CEO is to have regard in considering the appointment of a nominee.