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COMMONWEALTHAct
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s 81

Appointment of nominees

In force
Chapter 4Administrative matters
Part 4‑2Nominees
Division 2Appointment of nominees

81 Appointment of nominees

(1)

If a person (the applicant) makes an application for redress under the scheme, or proposes to make such an application, the Operator may, in writing, appoint another person to be:

(a)

the assistance nominee of the applicant; or

(b)

the legal nominee of the applicant.

Note:

The assistance nominee and legal nominee may be a body corporate.

(2)

The Operator must not appoint a person to be the assistance nominee of the applicant unless both the person and the applicant give written consent to the appointment.

(3)

The Operator must not appoint a person to be the legal nominee of the applicant unless:

(a)

under a law of the Commonwealth, a State or a Territory the person has power to make decisions for the applicant in all matters that are relevant to the duties of a legal nominee; and

(b)

the person gives written consent to the appointment; and

(c)

the Operator has taken into account any wishes of the applicant regarding the making of such an appointment.

Note:

A person who may be eligible to be the legal nominee of the applicant is a person who, under a guardianship order or power of attorney, has power to make decisions for the applicant in all relevant matters.

(4)

The Operator must give a copy of an appointment under this section to:

(a)

the nominee; and

(b)

the applicant.

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