Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 81

Appointment of nominees

  (1)   If a person (the applicant ) makes an application for redress under the scheme, or proposes to make such an application, the Operator may, in writing, appoint another person to be:

  (a)   the assistance nominee of the applicant; or

  (b)   the legal nominee of the applicant.

Note:   The assistance nominee and legal nominee may be a body corporate.

  (2)   The Operator must not appoint a person to be the assistance nominee of the applicant unless both the person and the applicant give written consent to the appointment.

  (3)   The Operator must not appoint a person to be the legal nominee of the applicant unless:

  (a)   under a law of the Commonwealth, a State or a Territory the person has power to make decisions for the applicant in all matters that are relevant to the duties of a legal nominee; and

  (b)   the person gives written consent to the appointment; and

  (c)   the Operator has taken into account any wishes of the applicant regarding the making of such an appointment.

Note:   A person who may be eligible to be the legal nominee of the applicant is a person who, under a guardianship order or power of attorney, has power to make decisions for the applicant in all relevant matters.

  (4)   The Operator must give a copy of an appointment under this section to:

  (a)   the nominee; and

  (b)   the applicant.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback