1.1.N.30 Nominee
Definition
For the purposes of the National Redress Scheme, a nominee is an individual or organisation that can act on behalf the applicant when appointed by the Operator. There are 2 types of nominee arrangements under the Scheme, 'assistance nominee' or 'legal nominee'.
The nominee must first consent in writing to the arrangement before the Operator can appoint them as either an assistant or a legal nominee.
The applicant must also consent in writing to the appointment of an assistant nominee.
Under the NRSAct, nominees have a legal duty to act in the best interests of the person they are a nominee for, at all times. The Operator cannot appoint a nominee after the applicant has died.
Assistant nominee
An assistance nominee may do any act an applicant can do except:
- make an application for redress
- accept an offer of redress
- decline an offer of redress.
Legal nominee
A legal nominee does not mean a lawyer.
A legal nominee is a person who has the power under a State, Territory or Commonwealth law to act on behalf of the applicant and have their actions considered for the purposes of the Scheme as if they were the applicant. This means a legal nominee can do any act an applicant can do, including:
- 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.
Because of the significant powers of legal nominees, the Operator cannot appoint a legal nominee unless that person already has power to make decisions for the applicant in all relevant matters, such as under a guardianship order or power of attorney, and the Operator has taken into account any wishes of 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.