Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 88

Provisions relating to appointments

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

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

  (a)   with the written consent of the person to be appointed; and

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

  (3)   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.

  (4)   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:

  (a)   has guardianship of the participant; or

  (b)   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.

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

  (a)   the nominee; and

  (b)   the participant.

  (6)   The National Disability Insurance Scheme rules may prescribe:

  (a)   persons who must not be appointed as nominees; and

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


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