2.7.1 Legal nominee
For the purposes of the Scheme, a legal nominee is a person who can act of behalf of a person who is applying for redress. This may be the case where, for example, an applicant to the Scheme does not have capacity to make decisions for themselves. A legal nominee may undertake any act that the person applying for redress can undertake. This includes submitting an application for redress, and accepting or declining an offer of redress. They will also receive a duplicate copy of all notices given to the person for whom they are nominee for the purposes of the Scheme. The Operator may also directly contact a legal nominee to discuss matters pertaining to the Scheme.
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 prospective 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.
Notice that a legal nominee has been appointed
Where the Operator appoints a nominee, a copy of the appointment will 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.