Section 88 — National Disability Insurance Scheme Act 2013: Provisions relating to appointments

(1) A person may be appointed as the plan nominee and the correspondence nominee of the same participant. (2) The CEO must not appoint a person as a nominee of a participant under section 86 or 87 except: (a) with the written consent of the person to be appointed; and (b) after taking into consideration the wishes (if any) of the participant regarding the making of the appointment. (3) In appointing a person as a nominee of a participant under section 86 or 87, the CEO must consider whether the person is able to comply with section 80. (4) In appointing a nominee of a participant under section 86 or 87, the CEO must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory: (a) has guardianship of the participant; or (b) is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee. (5) The CEO must cause a copy of an appointment under section 86 or 87 to be given to: (a) the nominee; and (b) the participant. (6) The National Disability Insurance Scheme rules may prescribe: (a) persons who must not be appointed as nominees; and (b) criteria the CEO is to apply or matters to which the CEO is to have regard in considering the appointment of a nominee.