What a plan nominee can do
Section 78 of the NDIS Act says a plan nominee can do anything the participant could do that relates to:
- Preparing, varying, reassessing or replacing the participant's plan
- Managing the funding for supports under the plan, such as choosing providers, signing service agreements and approving payments
- Withdrawing the participant from the NDIS
- Making requests the participant could make, for example asking for a plan variation or an unscheduled reassessment
Limits on a plan nominee's power
The appointment can limit what the nominee does, for example to managing funding only, and anything outside those limits stays with the participant. If the NDIA asks the participant to do something personally, the nominee cannot do it for them.
If the NDIA appointed the plan nominee on its own initiative, rather than at the participant's request, the nominee can only act on plan and funding matters when they consider the participant cannot do the thing, or be supported to do it, themselves.
Duties and accountability
A plan nominee's core duty is to find out what the participant wants and act in a way that promotes their personal and social wellbeing. Where the participant cannot say what they want, the nominee should work it out from past decisions, their own experience of the person and talking to people who know them well.
Plan nominees are accountable for the money:
- The NDIA can require a plan nominee to give a statement about how NDIS money paid to them was spent, and failing to comply can be an offence
- Nominees must tell the NDIA about changes that affect their ability to act
- Knowingly breaching the duty to the participant attracts a civil penalty
- Since the 2026 reforms, using the position dishonestly to gain a benefit or cause harm is an offence, with a penalty of up to 120 penalty units
- Plan nominees and participants must keep records of NDIS payments for 3 years, since 27 August 2026
How a plan nominee is appointed
Usually the participant asks the NDIA. The proposed nominee must consent in writing. The NDIA must take the participant's wishes into account, consider whether the person can meet a nominee's duties, and have regard to whether the participant already has a guardian or other appointed decision maker with relevant powers.
An appointment can be ongoing or for a set term, and the NDIA can appoint more than one plan nominee. The NDIA can appoint a plan nominee on its own initiative, but its guidelines say it only does that when it is the only option.
Plan nominee vs guardian
- A plan nominee is appointed by the NDIA under the NDIS Act and only covers NDIS plan matters
- A guardian is appointed by a state or territory tribunal and covers personal decisions such as where someone lives and their health care
- A guardian cannot make NDIS plan decisions unless the NDIA also appoints them as a nominee
- You do not need a guardianship order to become a plan nominee for an adult family member
Cancelling or ending the appointment
If the participant asked for the nominee, the NDIA must cancel the appointment when the participant asks, and the request does not need to be in writing. If the NDIA appointed the nominee on its own initiative, it must decide within 14 days of the participant asking.
A nominee can resign by telling the NDIA in writing. The NDIA can suspend a nominee straight away if it has reasonable grounds to believe they have caused or are likely to cause physical, mental or financial harm, and the nominee then has 28 days to say why the appointment should not be cancelled. All of these decisions can be reviewed.