Appointment of nominees
81 Appointment of nominees
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:
the assistance nominee of the applicant; or
the legal nominee of the applicant.
The assistance nominee and legal nominee may be a body corporate.
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.
The Operator must not appoint a person to be the legal nominee of the applicant unless:
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
the person gives written consent to the appointment; and
the Operator has taken into account any wishes of the applicant regarding the making of such an appointment.
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.
The Operator must give a copy of an appointment under this section to:
the nominee; and
the applicant.
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