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