Notice about a nominee’s ability to act on your behalf
We’ll give your nominee a written notice when they are appointed reminding them to tell us of anything that affects, or is likely to affect:
- their ability to act as your nominee
- their ability to comply with notices we give them
- our ability to give them notices.
The notice we send will remind the nominee how soon they have to tell us about any of the above situations. This should be at least 14 days from when the change happens or is likely to happen.
The notice will also tell the nominee how they should let us know. Your nominee must comply with the notice.
Some of the reasons your nominee might have to comply with the notice are:
- they’re moving house or interstate which might mean they’re unable to continue to be your nominee
- they change jobs and it affects them being your nominee
- they need to be a full-time carer to someone else and it will affect the amount of time they can help you
- they’ll be travelling and it will be difficult to give them notices
- a court or tribunal have appointed someone else to be your decision-maker
- any other event that affects them being able to be your nominee.
Notice about use of your NDIS funding
We may send your plan nominee a notice, usually a letter, asking them to tell us how your NDIS funds have been used.
If we do this, we must include:
- how the plan nominee should give us this information
- the date they need to tell us by, which must be at least 14 days from the date we give the notice.
If your nominee doesn’t reply to the notice, or doesn’t give us the information we ask for, unless they have a reasonable excuse, they will be committing a criminal offence.
Under the laws of the NDIS, if your nominee commits a criminal offence, the fact that they were acting as your nominee does not make you criminally responsible for what they do or don’t do.
Please note our guidelines only consider criminal offences under the laws for the NDIS and do not cover criminal offences under other laws.