Assistance for participants to interact with the National Disability Insurance Agency
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The NDIA has an obligation to protect the privacy of NDIS participants, which can mean limitations on who they can communicate with. Participants who need assistance from others to communicate with the NDIA or share information can provide consent for those people to have access to information about them and provide information to the NDIA. This can be done by contacting the NDIA or by completing and submitting their consent forms.
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In certain circumstances, a person other than the NDIS participant can be appointed to support or represent them in their dealings with the NDIA and NDIS-funded supports, namely a:
plan nominee;
correspondence nominee; or
child representative.
The underlying premise is a presumption of capacity, but where a participant cannot, or does not want to make decisions in relation to their dealings with the NDIA and/or service providers, a nominee can be appointed. A nominee can only be appointed where it is not possible to support the participant to make their own decisions.
The appointment of a nominee is a reviewable decision (see below).
Plan nominee
A plan nominee can make any decision related to the planning process that the participant could otherwise make. They can request supports, plan management type, and plan reviews.
Plan nominees can make decisions about how funding is spent and manage the funding in a plan. There can be more than one plan nominee, but only one can manage the funding. A nominee also has responsibility to respond to any reasonable request for information from the NDIA in the same way the participant would be required to do so.
A plan nominee can only make decisions that the participant cannot or will not make. They do not have authority to override decisions of the participant.
Correspondence nominee
A correspondence nominee can share information with the NDIA and about you from the NDIA but cannot make decisions in relation to planning or use of funding.
Child representative
A child representative is a person with parental responsibility or is the guardian for a person under the age of 18 years who is an NDIS participant. There can be more than one child representative.
Parental responsibility is defined as someone who either:
is the child’s parent and a court or tribunal has not removed parental responsibility from them; or
is identified in a parenting order as a person who the child lives or spends time with, and is responsible for day-to-day and long-term care, welfare and helping their development.
The role of the child representative ends when the child tuns 18, but a child participant can request the NDIA to allow them to represent themselves if they are able to make their own decisions about the NDIS.
Assistance for participants to interact with the National Disability Insurance Agency
Chapter: 8.2 Understanding the National Disability Insurance Scheme
Contributor: Naomi Anderson, Legal Practice Manager, Villamanta Disability Rights Legal Service, and Marcus Boere, Lawyer, Victoria Legal Aid; Elise Almond, Senior Lawyer, Villamanta Disability Rights Legal Service; John Morrissey, Professional Support Lawyer, Victoria Legal Aid
Current as of: 3 October 2024
Law Handbook Page: 715
Next Section: Utilising plan
