Guardians and Nominees

✅ What Is a Nominee Under the NDIS?

Under the National Disability Insurance Scheme (NDIS), all participants are presumed to have the capacity to make their own decisions. But in rare cases, someone may need to be appointed to assist or act on behalf of the participant. This person is called a nominee.

A nominee is only appointed when all other avenues of support and capacity-building have been exhausted.

🔗 See: NDIS Act 2013, Chapter 4, Part 5 – Sections 78–98

👥 Types of Nominees: Plan vs Correspondence

Under the NDIS, there are two types of nominees:

✅ One person can be both types of nominee.
Nominee appointments can be indefinite or for a set period, as detailed in the Instrument of Appointment issued by the NDIA.

📜 Duties of Nominees Under the NDIS

Nominees have responsibilities to both the participant and the NDIS.

🔹 Duties to the Participant

1. Respect Their Wishes:
   Nominees must actively seek to understand and act according to what the participant would want.

2. Promote Wellbeing:
   Every action taken should support the participant’s personal and social wellbeing.

3. Consultation:
   Nominees must consult with:

   • Any other nominees

   • Court-appointed or other legal decision-makers

   • Family, carers, or support workers involved in the participant’s life

4. Capacity Building:
   Nominees must work to help participants gain skills to eventually make their own decisions.

5. Conflict of Interest Disclosure:
   Nominees must declare any conflict of interest, especially if they’re providing paid services to the participant.

🔗 View: Appointing a Nominee – NDIS Guideline PDF

🔹 Duties to the NDIS

Nominees are expected to:

• Respond to NDIA notices within set timeframes

• Inform the NDIA of any changes that affect their role

• Explain how NDIS funds are used if requested

• Ensure the participant completes required personal actions (e.g., health assessments)

📨 If you’re a correspondence nominee, all official communication will come to you.
📨 If you’re a plan nominee, you’ll receive notifications related to planning and funding.

👨‍⚖️ How Is a Nominee Appointed?

Most appointments are made at the request of the participant. The NDIA will only appoint a nominee without the participant’s request in rare and exceptional cases.

Nominees are only considered where capacity building isn’t enough and formal or informal supports aren’t sufficient.

📥 Download: NDIS Appointing a Nominee (DOCX)

🧾 Guardians vs Nominees: What’s the Difference?

A guardian is someone legally appointed (e.g. power of attorney, Centrelink nominee), and not automatically an NDIS nominee. However, if the NDIA identifies a participant needs a nominee and already has a guardian, the guardian is presumed to be appointed, provided their duties align with those of a nominee.

👶 NDIS Participants Under 18: Child Representatives

For participants under 18, the NDIS may appoint a child representative instead of a nominee, especially when someone other than a parent needs to act on their behalf.

📚 Learn more: National Disability Insurance Scheme (Children) Rules 2013

📥 Download: Child Representatives Guideline (PDF)

🧠 Body Corporate Nominees

An organisation or company can also be appointed as a nominee. They must:

• Assign a specific officer to handle decisions

• Notify the NDIA of who that person is

• Inform the NDIA if the representative changes

🔗 Further Resources 

• NDIS Nominees Overview

• NDIS Act 2013 – Sections 74–98

• NDIS (Nominee) Rules 2013

• Booklets and Factsheets (Accessible Formats)