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 Nominees

Introduction

The Scheme may appoint a nominee to act on behalf of a person applying for redress. Two types of nominees can be appointed:

  • a legal nominee, or
  • an assistance nominee.

Duties of a nominee

It is the duty of a nominee to act in the best interests of the person at all times. While both types of nominees may act on behalf of the person for which they are a nominee of, including communicating with the Operator, there are actions that only a legal nominee can undertake on behalf of a person. These include making an application and accepting or declining an offer of redress.

Revoking or suspending the appointment of a nominee

A person applying for redress or a nominee has the ability to request the revocation or suspension of a nominee appointment. The request must be a written request to the Operator and will come into effect as soon as practicable.

The Operator also has the ability to suspend or revoke a nominee's appointment if:

  • the Operator requests and receives information from the nominee about a change or a likely change in the nominee's circumstances which could affect: the nominee's ability to act as a nominee; the Scheme's ability to give notices to the nominee; or the nominee's ability to comply with notices provided by the Scheme, or
  • a nominee does not comply with a requirement of a notice given by the Operator.

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

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