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. 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.
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.
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, such as:
- 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 significance of the 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, 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.