Every adult with disability has the right to make decisions for themselves. In Australia, parents typically make decisions for their children until they turn 18. Once a person reaches adulthood, they have the right to make their own decisions.
The NDIS supports a person’s decision-making by funding programs to build their capacity. But sometimes, even with support, they might need extra help. That is where decision-makers come in.
If the person with disability is under 18.
When an NDIS participant is under 18, a child representative makes decisions for them. Usually, the child representative is a parent or guardian, but sometimes another person is appointed. The child representative helps with decisions about the child’s NDIS plan, attends meetings and communicates with the NDIA and service providers.
Child representative:
- Usually a parent or guardian
- Makes NDIS-related decisions on behalf of a child
- A child may have more than one representative
- Sometimes, the NDIA can choose another person, like a relative, if the parent or guardian cannot be the representative
- When a child turns 18, they may start making their own decisions or a nominee may be appointed if needed.
Guardian for a child:
- Appointed by a court or tribunal when a child’s parents can’t make important decisions
- Makes major life decisions for the child, like where they live, their education or health care
- Being a guardian doesn’t automatically mean they will be the child representative for NDIS purposes.
What happens when a person with disability turns 18?
When a person turns 18, they usually begin making their own NDIS decisions. If they still need support, they might have a nominee appointed.
What is an NDIS nominee?
A nominee makes decisions on behalf of an adult participant who can’t make decisions independently, even with support. Nominees are usually appointed at the request of a participant.
Before appointing a nominee, the NDIS checks that it’s truly the participant’s decision and that they haven’t been pressured to appoint one.
In rare cases, the NDIA may appoint a nominee under strict guidelines via a detailed process set out under the NDIS Act.
Nominees are only used when someone can’t get help to make decisions themselves. The role is voluntary, which means that nominees don’t get paid.
Duties of a nominee.
Nominees have responsibilities to the participant and the NDIS. They must:
- Find out what the person would like or work out what they would likely choose
- Act in a way that supports their personal and social wellbeing
- Talk with other people in a person’s life before making decisions
- Help them build the skills to eventually make decisions for themselves
- Tell the NDIS about any conflicts of interest.
You can read more details about NDIS nominee duties and responsibilities here.
Types of NDIS nominees.
There are two types of nominees:
- Correspondence nominees receive NDIS correspondence but cannot make plan decisions or manage funds
- Plan nominees manage the NDIS Plan, prepare or change plans and manage funds. Multiple plan nominees are possible, but only one manages the funds.
Understanding different roles in the NDIS.
You may hear other terms about supporting someone with disability under the NDIS. These roles are a little different from a nominee. Here’s what they mean:
Guardians
- A guardian is appointed by a court or tribunal for an adult who cannot make personal or health decisions for themselves
- Guardians can make decisions about personal matters such as where someone lives, who they live with and what services and supports they receive
- Guardians cannot automatically make decisions about an adult’s NDIS Plan or funding unless also appointed as a nominee by the NDIA.
Important to know. Only a nominee has the official authority under the NDIS Act to make decisions about an NDIS Plan.
Carers
- People who give daily support without being paid, usually a family member or friend
- They don’t automatically become nominees or guardians
- Carers provide important day-to-day help but don’t have formal authority to make NDIS Plan decisions.
Good to know.
- Nominees support decision-making and do not replace the person’s voice
- A nominee can be appointed for a set time or permanently
- Nominees must have a personal relationship with the person
- A nominee must be at least 18 years old
- After appointing a nominee, the NDIS provides a document outlining these arrangements to both parties.
If you are still unsure about the decision-making roles in the NDIS, here are some helpful resources:
Leap in! can help.
If you’d like help understanding the role of nominees or how Leap in! can help you make your NDIS funds go further, call us on 1300 05 78 78.