The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.7.2 Assistance nominee

Description

For the purposes of the Scheme, an assistance nominee is someone the person trusts, who can help them with:

  • applying to the Scheme
  • responding to requests from the Scheme
  • informing the Scheme about any change of circumstances, or
  • making enquiries about their application and its progress.

An assistance nominee must be appointed by the Operator (1.1.O.30) to allow information about the person or their application to be disclosed to them. They will receive a copy of all notices given to the person for whom they are appointed as assistance nominee for the purpose of the Scheme. The Operator may also directly contact the assistance nominee to discuss matters pertaining to the Scheme. Unlike a legal nominee, an assistance nominee cannot:

  • make an application on behalf of the person
  • agree to a reassessment of redress on behalf of the person, or
  • accept or decline an offer of redress on behalf of the person.

Appointment of an assistance nominee

An assistance nominee can be appointed where both the person applying for the Scheme and the proposed nominee provide written consent.

The person and the proposed assistance nominee can provide their written consent through the Scheme's Redress Nominee Form.

Note: The proposed assistance nominee will be required to confirm their identity with the Scheme before an appointment can be made by the Operator.

Notice that an assistance nominee has been appointed

Where the Operator appoints an assistance nominee, a copy of the written appointment will be provided to both the nominee and the person applying for redress. Once appointed, the Operator can provide notices to both the person and the nominee.

Act reference: NRSAct Part 4-2 Division 2 Appointment of nominees, Part 4-2 Division 3 Duties, functions and responsibilities of nominees

Policy reference: Redress Guide 2.7 Nominees

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