What rules apply to nominees to safeguard people with disability?
The National Disability Insurance Scheme (Nominees) Rules 2013 provide detailed information on the responsibilities of plan nominees and information to the NDIA on the considerations and rules of appointing nominees.
The object and principles particularly relevant to the nominee rules include:
(a) to enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports;
(b) people with disability should be supported to exercise choice, including in relation to taking reasonable risks, in the pursuit of their goals and the planning and delivery of their supports;
(c) people with disability have the same right as other members of Australian society to be able to determine their own best interests, including the right to exercise choice and control, and to engage as equal partners in decisions that will affect their lives, to the full extent of their capacity;
(d) people with disability should be supported in all their dealings and communications with the Agency so that their capacity to exercise choice and control is maximised in a way that is appropriate to their circumstances and cultural needs;
(e) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected;
(f) where acts or things are done on behalf of persons with disability:
(i) they should be involved in decision-making that affects them, including making decisions for themselves, to the extent possible;
(ii) they should be encouraged to engage in the life of the community;
(iii) the judgements and decisions they would have made for themselves should be taken into account;
(iv) their cultural and linguistic circumstances, and gender, should be taken into account; and
(v) their supportive relationships, friendships and connections with others should be recognised.
A plan nominee is able to act on behalf of a participant where the participant is not capable of undertaking the action or being supported to undertake the action. The nominee can also undertake the action where the participant does not want to undertake the action themselves.
A nominee has a duty to consult with other appointed nominees and decision-makers in a participant’s life including court-appointed decision-makers or participant-appointed decision-makers and carers who manage the day to day activities and make decisions.
Part 6 of the NDIS Nominee Rules provides for the conditions under which the NDIA can suspend or cancel the appointment of a nominee.
Where the participant is a child the National Disability Insurance Scheme (Children) Rules 2013 provide the processes for decision-making. Typically decision-making for children will reside with those who hold parental responsibility.
 Source - NDIA Guardians and nominees explained
 Source - National Disability Insurance Scheme (Nominees) Rules 2013