Section 90 — National Disability Insurance Scheme Act 2013: General circumstances in which CEO may cancel or suspend appointment of nominees

At the request of a participant (1) If: (a) a person is appointed as a nominee of a participant under section 86 or 87 on the initiative of the CEO; and (b) the participant requests the CEO to cancel the appointment; the CEO may, by written instrument, cancel the appointment. (2) A request under paragraph (1)(b) need not be made in writing. If the request is not made in writing, the CEO must make a written record of the request. (3) If a request is made under paragraph (1)(b): (a) the CEO must decide whether to cancel the appointment within the following number of days after receiving the request: (i) 14 days, unless subparagraph (ii) applies; (ii) if the National Disability Insurance Scheme rules prescribe a number of days for the purposes of this subparagraph—that number of days; and (b) if the CEO decides not to cancel the appointment—the CEO must give the person and participant written notice of the CEO’s decision. Nominee no longer has guardianship etc. (3A) The CEO may, by written instrument, cancel the appointment of a nominee of a participant if: (a) at the time the appointment was made, the nominee was a person who, under a law of the Commonwealth, a State or a Territory: (i) had guardianship of the participant; or (ii) was appointed by a court, tribunal, board or panel (however described) who had power to make decisions for the participant and whose responsibilities in relation to the participant were relevant to the duties of a nominee; and (b) the nominee no longer has guardianship of the participant or no longer holds the appointment referred to in subparagraph (a)(ii) (as the case requires). Ability to act as a nominee affected (4) The CEO may, by written instrument, suspend or cancel one or more of a nominee’s appointments if: (a) the CEO gives the nominee a notice under section 83; and (b) in response to the notice, the nominee informs the Agency that an event or change of circumstances has happened or is likely to happen; and (c) having regard to that response, the CEO is satisfied that it is appropriate to do so. Failure to comply with a notice under section 83 or 84 (5) The CEO may, by written instrument, suspend or cancel one or more of a nominee’s appointments if: (a) the CEO gives the nominee a notice under section 83 or 84; and (b) the nominee does not comply with a requirement specified in the notice. Copy of instrument of cancellation or suspension to be given (6) If the appointment of a person as a nominee of a participant is cancelled or suspended under this section, the CEO must give the person and participant a copy of the instrument of cancellation or suspension.