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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