1.1.N.30 Nominee

Definition

For the purposes of the National Redress Scheme, a nominee means an assistance nominee or a legal nominee.

A nominee cannot be appointed unless the person nominated has consented in writing. In the case of assistance nominees, the applicant must also consent in writing to the appointment.

An assistance nominee is a person who is appointed as an assistance nominee. An assistance nominee may do any act an applicant can do except:

  • making an application for redress
  • accepting an offer of redress
  • declining an offer of redress.

A legal nominee is a person who is appointed as a legal nominee. A legal nominee has the power to act on behalf of the person applying for redress and have their actions considered for the purposes of the Scheme as if they were the applicant. This includes actions that an assistance nominee cannot otherwise perform. This includes:

  • making an application for redress on behalf of a person and for that application to be considered as being made by the applicant
  • accepting an offer for redress and for that acceptance to be considered as being made by the applicant
  • declining an offer for redress and for that declination to be considered as being made by the applicant.

For the purposes of the Scheme, an applicant may appoint a person or body corporate to act as their legal nominee. The person or body corporate must also give written consent to act as a legal nominee.

Act reference: NRSAct section 81 Appointment of nominees, section 84 Actions of assistance nominee, section 85 Actions of legal nominee

Policy reference: Redress Guide 2.4 Nominee

Last reviewed: 13 August 2018