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Your NDIS decisions

Your NDIS decisions

If you are an NDIS participant, you have the same right as other members of Australian society to determine your own best interests.

Your right to exercise choice and control, and to engage as an equal partner in decisions that will affect your life, to the full extent of your capacity, is recognised in the National Disability Insurance Scheme Act 2013 (NDIS Act).

The NDIS Act says that wherever possible, you should be provided with the support you need to make and implement your own decisions.

However, it acknowledges that there may be circumstances where it is necessary for someone to be appointed as a nominee to act on your behalf with the National Disability Insurance Agency (NDIA) or to make decisions for you.

This should be a last resort, when there are no other less restrictive options.

A family member, carer or other significant person can act as your support and advocate with the NDIS.

They can promote your wishes and preferences and help you access services and support.

They can also help you make an NDIS decision where there is no conflict about it and where it does not jeopardise your wellbeing. Any decision should be based on your wishes and preferences.
Plan nominee

A plan nominee is someone appointed, in writing, to act on behalf of an NDIS participant.

This could be at your request or at the request of the NDIA when there are no other less restrictive options.

A plan nominee has a duty to:
- ascertain the wishes of the participant
- act in a manner that promotes the personal and social wellbeing of the participant
- only act if the participant is not capable of doing the act
- develop the capacity of the participant
- avoid or manage conflicts of interest.
Guardian

A guardian that has powers in relation to personal and lifestyle matters, including what services you receive and where you live, can be your plan nominee.

The Victorian Civil and Administrative Tribunal (VCAT) will only appoint a guardian if you are not able to make a decision that needs to be made or there are concerns about the decisions you are making, or others are making for you, and there are no other less restrictive options.

Where there is no other suitable person available, the Public Advocate may be appointed as guardian. This is a last resort arrangement.

The guardian should follow all relevant decision-making principles in the NDIS Act and Guardianship and Administration Act 2019 (GAA Act) including:
- ascertaining your will and preference
- only making a decision if you are unable to make the own decision
- only over-ruling your will and preference if there is a risk of serious harm to you
- making a decision that promotes your personal and social will being
- developing your capacity.
Administrator

An administrator that has powers in relation to financial matters can be your plan nominee.

VCAT will only appoint an administrator if you are not able to make a decision that needs to be made or there are concerns about the decisions you are making, or others are making for you.

The administrator should follow all relevant decision-making principles in the NDIS Act and Guardianship and Administration Act 2019 (GAA Act) including:
- ascertaining your will and preference
- only making the decision if you are unable to make your own decision
- only over-ruling your will and preference if there is a risk of serious harm to you
- making a decision that promotes your personal and social will being
- developing your capacity.
Attorney

You may have previously appointed someone to make financial and personal decisions for you in an enduring power of attorney. This person, called an attorney, can be your plan nominee.

You can only make an enduring power of attorney if you have decision-making capacity; no-one can make an enduring power of attorney on your behalf.

Your attorney can only make an NDIS-related decision on your behalf where the decision falls within the scope of their legal authority.

Your attorney should follow all relevant decision-making principles in the NDIS Act and Powers of Attorney Act 2013 (POA Act) including:
- ascertaining your will and preference
- only making the decision if you are unable to make your own decision
- giving all practicable and appropriate effect to your wishes
- taking all reasonably available steps to encourage you to participate in the decision-making
- making a decision that promotes your personal and social will being.
Supportive attorney

You may have appointed a supportive attorney to help you make and give effect to financial and personal decisions.

A supportive attorney can access information from organisations, communicate your decisions to third parties, and give effect to your decisions.

However, the supportive attorney cannot make NDIS decisions for you.

Supportive guardian and supportive administrator

Supportive guardians and supportive attorneys can help you make and give effect to personal and financial decisions.

They are appointed by VCAT, often as a less restrictive option to guardianship and administration. You must agree to the person nominated for the role or roles.

A supportive guardian can support you to make, communicate and act on decisions about personal matters set out in the VCAT order.

A supportive administrator can support you to make, communicate and act on decisions about financial matters set out in the VCAT order.

However, a supportive guardian or supportive administrator cannot make NDIS decisions for you.