NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 80 Duties of nominees to participant etc.

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 80

  (1)   It is the duty of a nominee of a participant to ascertain the wishes of the participant and to act in a manner that promotes the personal and social wellbeing of the participant.

  (2)   A nominee does not breach the duty imposed by subsection   (1) by doing an act if, when the act is done, the nominee reasonably believes that:

  (a)   he or she has ascertained the wishes of the participant in relation to the act; and

  (b)   the doing of the act promotes the personal and social wellbeing of the participant.

  (3)   A nominee does not breach the duty imposed by subsection   (1) by refraining from doing an act if, at the relevant time, the nominee reasonably believes that:

  (a)   he or she has ascertained the wishes of the participant in relation to the act; and

  (b)   not doing the act promotes the personal and social wellbeing of the participant.

  (4)   The National Disability Insurance Scheme rules may prescribe other duties of a nominee, including duties requiring the nominee:

  (a)   to support decision - making by the participant personally; or

  (b)   to have regard to, and give appropriate weight to, the views of the participant; or

  (c)   to inform the CEO and the participant if the nominee has, acquires, or is likely to acquire, any interest, pecuniary or otherwise, that conflicts or could conflict with the performance of the nominee's duties.