NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 44 Circumstances in which persons must not manage funding
NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 44
Circumstances in which persons must not manage funding(1) For the purposes of paragraph 43(3)(b), this subsection applies in relation to a participant if:
(a) the participant is an insolvent under administration; or
(b) the CEO is satisfied that the participant's management of the funding for supports under the plan to a particular extent would:
(i) present an unreasonable risk to the participant; or
(ii) permit the participant to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by a participant.
Registered plan management provider
(2) For the purposes of paragraph 43(4)(b), this subsection applies in relation to a registered plan management provider if the CEO is satisfied that the provider's management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant.
(2A) For the purposes of paragraphs 43(5)(b) and (6)(b), this subsection applies in relation to a plan nominee if:
(a) the plan nominee is an insolvent under administration; or
(b) the CEO is satisfied that the plan nominee's management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant.
(3) The National Disability Insurance Scheme rules may prescribe criteria the CEO is to apply and matters to which the CEO is to have regard in considering whether any of the following would present an unreasonable risk to the participant:
(a) a participant managing the funding for supports under the plan;
(aa) a registered plan management provider managing the funding for supports under the plan;
(b) a plan nominee managing the funding for supports under the
plan.