NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 43 Choice for the participant in relation to plan management

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 43

             (1)  A participant for whom a plan is in effect or is being prepared may make a request (a plan management request ):

                     (a)  that he or she manage the funding for supports under the plan wholly or to the extent specified in the request; or

                     (b) that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider he or she nominates; or

                     (c)  that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by a person specified by the Agency.

             (2)  A statement of participant supports in a participant's plan must give effect to the plan management request other than as follows:

                     (a)  if the participant is prevented from managing the funding for supports under the plan to any extent by section 44--the statement must make provision in accordance with subsection (3) of this section;

                     (b)  if the participant has a plan nominee--the statement must provide that the funding for supports under the plan is to be managed in accordance with the terms of the plan nominee's appointment.

             (3)  If the participant is prevented from managing the funding for supports under the plan wholly, or to a specified extent, by section 44, the statement of participant supports in the plan must provide that:

                     (a)  the funding for supports under the plan is to be managed in accordance with the plan management request, to the extent that the participant is not prevented from managing it; and

                     (b) the remainder of the funding for supports under the plan is to be managed by:

                              (i)  a registered plan management provider specified by the Agency; or

                             (ii)  the Agency.

             (4)  If a participant does not make a plan management request, the statement of participant supports in the plan must provide that the funding for supports under the plan is to be managed by:

                     (a)  a registered plan management provider specified by the Agency; or

                     (b)  the Agency.

             (5)  If the funding for supports under a participant's plan is to be managed to any extent by a registered plan management provider specified by the Agency, or by the Agency, the CEO must, so far as reasonably practicable, have regard to the wishes of the participant in specifying who is to manage the funding for supports under the plan to that extent.