4.1.3.20 Correspondence nominees
Mail directed to a third person
A 'correspondence nominee' is a person appointed by the Secretary to receive mail from Centrelink on behalf of an individual. A correspondence nominee assists the individual in their dealings with Centrelink, including fulfilling reporting obligations.
Centrelink should consider the circumstances and wishes of the individual to ensure that the proposed correspondence nominee arrangement is the most appropriate arrangement for the individual.
To appoint a nominee, the individual should complete the relevant Centrelink form. The nominee is required to indicate their acceptance of the appointment and their duties under FA law via written consent. Centrelink must send letters confirming the appointment to both the individual and the nominee.
Act reference: FA(Admin)Act section 219TD Provisions relating to appointments
Policy reference: FA Guide 4.1.3.30 Responsibilities of nominees
The wishes of the individual
Centrelink must take into consideration the wishes (if any) of the individual, which may include the consent of the individual, before appointing a person as the individual’s correspondence nominee. Although the individual’s consent is not strictly required, whenever there is any question of the individual's capability to express their wishes or consent to the appointment of a nominee, or any concerns as to an existing arrangement, Centrelink must investigate the situation further. Where the individual is deemed incapable of expressing their wishes or providing consent, Centrelink must obtain documentary evidence to support any decision to appoint a nominee.
There may be times where an individual is not capable, for example due to an intellectual/physical constraint, of expressing their wishes or providing consent to the appointment of a nominee. In these cases, Centrelink may appoint a nominee on behalf of the individual with attention to supporting evidence and where Centrelink is fully satisfied that the nominee is required and will act in the individual's best interests. The decision made by Centrelink to appoint a nominee in these circumstances must be fully documented.
Where an individual has a psychiatric disability, a nominee can be appointed where there is a court-appointed arrangement such as a Guardianship Order provided by a Mental Health Tribunal.
Evidence of individual's incapability
To decide whether an individual is incapable of expressing their wishes in relation to the appointment of a nominee, Centrelink must have sufficient evidence.
Examples of what may contribute to evidence may be:
- reliable medical evidence on file
- recent certification by a medical practitioner
- reliable documentation or order officially appointing a guardian or administrator, such as a Public Trustee or Guardianship Board, or
- some other authoritative source, such as a social work report.
Other arrangements
There are some instances where the appointment of a nominee may not be the most appropriate option to meet the best interests of the individual.
When responding to a third party requesting information regarding the individual's payments, it may be more appropriate to consider the release of information under implied consent arrangements rather than by appointing a nominee.
Example: An individual is in a coma and someone needs to make contact to obtain information about their payment details on their behalf. A hospital social worker calls Centrelink in an attempt to obtain the information. It may be appropriate in this case for a Centrelink worker to disclose the individual's payment details to the hospital worker.
Act reference: FA(Admin)Act section 168(1) Disclosure of information by Secretary
Privacy Act 1988 section 14 Australian Privacy Principles, Schedule 1 clause 6 Australian Privacy Principle 6—use or disclosure of personal information
Policy reference: Australian Privacy Principles guidelines