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.

2.7.1 Legal nominee

Description

A legal nominee is a person who can act on behalf of a person who is applying for redress to the National Redress Scheme. This may be the case where, for example, an applicant applying for redress does not have capacity to make decisions for themselves.

A legal nominee does not need to be a lawyer to act on behalf of an applicant. A person can be appointed as a legal nominee if they already have the power to make decisions for an applicant, under state, territory or Commonwealth law (for example, if an applicant is under a guardianship order, or someone has power of attorney for that applicant).

A legal nominee may undertake any act that the person applying for redress can undertake for the purposes of the Scheme. This includes making and submitting an application for redress and accepting or declining an offer of redress. They will receive a copy of all notices given to the person for whom they are the legal nominee for the purposes of the Scheme. The Operator (1.1.O.30) may directly contact a person's appointed legal nominee to discuss matters relating to their application for redress.

Appointment of a legal nominee

The Operator can appoint a legal nominee where:

  • Under Commonwealth, state or territory law the proposed nominee has power to make decisions on behalf of the applicant in all relevant legal matters. This may include situations where guardianship orders, a relevant power of attorney, or a public trustee arrangement is in place.
  • The proposed nominee gives their written consent to be appointed as a legal nominee.
  • The wishes of the person applying for redress are taken into account when appointing a legal nominee.

A legal nominee can provide their written consent to be appointed using the Scheme's Redress Nominee Form.

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

Notice that a legal nominee has been appointed

Where the Operator appoints a nominee, a copy of the appointment must 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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