If making decisions about your NDIS plan is difficult – even with support – you may benefit from appointing an NDIS plan nominee. A plan nominee is someone who can make decisions and act on your behalf with the National Disability Insurance Agency (NDIA). They can help prepare or change your plan, manage your funding, and handle the day-to-day business of your NDIS participation.
But the rules around NDIS plan nominees are often misunderstood. There are actually two types of nominees (not just one), strict rules about who can be appointed, specific legal duties nominees must follow, and important limits on what they can do. Getting this wrong can leave you – or the person you care about – without the right support.
In this guide, we’ll explain everything about NDIS plan nominees in plain language – using information verified directly from the official NDIS Operational Guideline on appointing a nominee.
What Is an NDIS Plan Nominee?
A nominee is a person the NDIA appoints to make decisions and do things on behalf of an NDIS participant. According to the official NDIS guideline:
“If you’re not able to make decisions, even with support, we’ll explore who else can make decisions and do things on your behalf. We call this representative decision-making, and we call this person a nominee. The role of a nominee is voluntary, which means they don’t get paid.”
Key facts about nominees:
- Voluntary and unpaid — nominees don’t receive payment for this role
- Only for participants 18+ — children under 18 use a child representative instead
- Last resort — the NDIA’s starting position is that you can make your own decisions, with support if needed
- Different to a guardian — guardians are appointed under state laws; nominees are appointed under NDIS laws
- Different to a support person — a support person helps you decide; a nominee decides for you
The Two Types of NDIS Nominees
The NDIA recognises two separate types of nominees. Understanding which one you need is crucial.
| Feature | Plan Nominee | Correspondence Nominee |
|---|---|---|
| Can prepare or change your plan | Yes | No |
| Can manage your plan funding | Yes | No |
| Can receive letters/notices from NDIA | Yes | Yes |
| Can communicate with the NDIA on your behalf | Yes | Yes (limited scope) |
| Can make decisions about goals and providers | Yes (if agreed) | No |
Plan Nominee — Broad Decision-Making Powers
A plan nominee can make decisions about:
- Preparing your plan — discussing goals, supports needed
- Changing your plan — requesting reassessments, changes to supports
- Managing your funding — signing service agreements, paying providers (depending on how your plan is managed)
- Receiving notices and information from the NDIA about your plan
Correspondence Nominee — Communication Only
A correspondence nominee has a much more limited role. They can:
- Ask the NDIA for information about you
- Receive letters and notices about your business with the NDIS
- Communicate with the NDIA on your behalf for day-to-day correspondence
They cannot prepare or change your plan or manage your funding. If you need someone to do that, you need a plan nominee.
Can I Have Both?
Yes. You can have:
- A plan nominee only
- A correspondence nominee only
- The same person as both
- One person as plan nominee and a different person as correspondence nominee
- Two or more plan nominees (each with different responsibilities)
Important rule: If you have more than one plan nominee, only ONE of them can manage your plan funding.
Nominees vs Child Representatives vs Guardians
This is where confusion is common. Here’s the clear difference:
| Role | Who It’s For | Who Appoints Them | Governed By |
|---|---|---|---|
| NDIS Nominee | Participants 18+ | NDIA (usually at participant’s request) | NDIS Act 2013 |
| Child Representative | Children under 18 | Usually automatic (parent/guardian); NDIA if different | NDIS Act 2013 |
| Guardian | Adults with severely impaired decision-making | Tribunal or court (state-based) | State guardianship laws |
| Power of Attorney | Anyone (while competent to appoint) | You (the person) | State laws |
A guardian is not automatically an NDIS nominee. However, if you already have a guardian appointed, the NDIA usually presumes the guardian will be appointed as your nominee too — though they still need to agree in writing.
Who Can Be an NDIS Plan Nominee?
There are rules about who can and can’t be appointed. According to the NDIA guideline:
Who CAN Be a Nominee
- A family member or close friend — the most common choice
- An advocate
- A guardian or court-appointed decision-maker
- A body corporate (organisation or company) — they must name the specific person acting on your behalf
Who CANNOT Be a Nominee
- Anyone under the age of 18
- The NDIA itself (though an NDIA employee could be your nominee in their personal capacity — e.g., if they’re a family member)
- Anyone who has not agreed in writing to take on the role
What the NDIA Checks
Before appointing someone as your nominee, the NDIA will check:
- No one has pressured you into choosing this person
- There’s no conflict of interest — e.g., your proposed nominee can’t also be one of your NDIS service providers without careful consideration
- The person is willing and able to do the role — they must give written consent
- Your carers’ and support people’s opinions about the proposed nominee
- Any criminal history or convictions that would make them unsuitable
- Whether they understand and are sensitive to your cultural and language background
- Whether they can work with your communication system and technology
Duties of an NDIS Plan Nominee
This isn’t a passive role. Nominees have specific legal duties under the NDIS Act.
Duties to You as the Participant
- Act in your best interests — always
- Try to support you to make decisions yourself — nominees aren’t meant to take over permanently
- Try to find out what YOU want to happen — listen to your wishes and communicate them
- Support your personal and social wellbeing
- Help build your decision-making capacity — the goal is eventual independence where possible
- Respect your cultural background, language, and communication needs
Duties to the NDIA
- Only act on your behalf when you can’t — if you can do something yourself, the nominee should let you
- Consult with other people in your life — your other nominees, guardians, or key supporters — before making major decisions
- Communicate with the NDIA — respond to letters, provide information when requested
- Keep records — if managing your funding, keep records of how money is spent
What a Nominee Is NOT Allowed to Do
- Act without considering your wishes
- Make decisions for you when you’re capable of making them yourself
- Refuse to comply with NDIA notices about the use of your funding (this can have legal consequences)
- Benefit personally from your NDIS funding — conflict of interest is taken seriously
- Continue if they no longer consent — they can resign at any time
How to Appoint an NDIS Plan Nominee (Step-by-Step)
If you decide a nominee is right for you, here’s exactly how the process works:
Step 1: Think Carefully About Who
The NDIA recommends asking yourself:
- Is this person able AND willing to carry out the duties?
- Do I trust them completely?
- Will they support my personal and social wellbeing?
- Do they have the skills to help me?
- Will they work to build my decision-making skills, not just decide for me?
- Are they willing to give written consent?
Step 2: Contact the NDIA
Contact the NDIA, your Local Area Coordinator (LAC) or NDIA planner and request a nominee appointment. You can:
- Phone — 1800 800 110
- Email — through your NDIA contact
- In writing — submit a formal written request
- Through your support coordinator
You’ll need to provide the proposed nominee’s name and contact details.
Step 3: The NDIA’s Assessment
The NDIA will:
- Contact your proposed nominee and explain the role
- Ask for proof of identity
- Ask both you and the proposed nominee questions to check suitability
- Check for conflicts of interest
- Consult with your carers and support people
- Send your proposed nominee a letter explaining the duties
- Require written consent from the nominee
Step 4: Decide How Long For
You can choose:
- A set period (e.g., 6 months, 1 year, or until a specific event)
- Indefinitely
Set-period appointments are recommended while you build your decision-making skills. The NDIA will write to you and your nominee before the period ends.
Step 5: The Formal Appointment
Once everything is approved, the NDIA formally appoints the nominee. You’ll receive confirmation in writing.
When Does a Nominee Role End?
Nominee appointments can end in several ways:
- Automatically — if the appointment was for a set period and that period ends
- You request cancellation — you can ask the NDIA to cancel the nominee appointment at any time
- The nominee resigns — they can resign at any time (they should give reasonable notice)
- The NDIA cancels — if the nominee isn’t fulfilling their duties, acts against your interests, or becomes unsuitable
- The nominee dies or becomes unable to continue
- You’re assessed as able to make decisions independently
The NDIA may also suspend a nominee temporarily if there are concerns about their conduct, while the situation is investigated.
When Would You Actually Need a Plan Nominee?
The NDIA’s starting position is that you can make your own decisions, with support if needed. Nominees are a last resort.
You might need a nominee if:
- Making important life decisions is very difficult or impossible for you
- You need substantial help to develop, understand, or manage your plan
- You find it hard to think through the information needed for decisions
- You can’t communicate your wishes to others, even with support
- Other options (support person, advocate, express consent arrangements) don’t meet your needs
If you’re unsure, talk to your support coordinator, an independent advocate, or the NDIA directly. There are usually other options worth trying first.
Alternatives to a Nominee
Before appointing a nominee, consider these less formal options:
1. A Support Person
A family member, friend, or advocate can attend NDIS meetings with you and help you explain your needs — without taking over decision-making.
2. Express Consent
You can give the NDIA express written or verbal consent to share information with and speak to specific people on your behalf. This keeps decision-making with you.
3. Supported Decision-Making
The NDIA can include capacity-building supports in your plan specifically to help you build decision-making skills. Learn more about NDIS funding.
4. Advocacy Services
Independent disability advocates can represent your views without replacing you as the decision-maker. Many advocacy services are free.
5. Support Coordination
A good support coordinator can help you understand and use your plan, connect with providers, and build your confidence over time.
Common Misunderstandings About Plan Nominees
Myth: A Plan Nominee Gets Paid
False. The nominee role is voluntary and unpaid under the NDIS Act.
Myth: A Guardian Is Automatically an NDIS Nominee
False. Guardians and nominees are separate legal roles. If you have a guardian, the NDIA often appoints them as your nominee too, but the guardian must agree in writing and the NDIA still has to make the formal appointment.
Myth: My Power of Attorney Can Act for Me on the NDIS
Partially true. A Power of Attorney doesn’t automatically give someone NDIS decision-making authority. They would still need to be formally appointed as your nominee by the NDIA.
Myth: A Service Provider Can Be My Nominee
Complicated. It’s technically possible but creates a significant conflict of interest. The NDIA will carefully examine these cases and often recommends a different person.
Myth: Once Appointed, a Nominee Is There Forever
False. You can request cancellation any time. Nominees can also be appointed for set periods (e.g., 6 months) to match your changing needs.
Frequently Asked Questions
What’s the difference between a plan nominee and a correspondence nominee?
A plan nominee can make decisions about preparing and changing your plan and managing your funding. A correspondence nominee can only receive letters and notices from the NDIA and communicate on your behalf — they can’t prepare or change your plan or manage funding.
Does a plan nominee get paid?
No. The nominee role is voluntary and unpaid under the NDIS Act. Anyone offering to be a paid nominee is misunderstanding the role.
Can a family member be my plan nominee?
Yes — family members are the most common choice. The NDIA will check for conflicts of interest and make sure you haven’t been pressured into choosing them.
Can my NDIS service provider be my nominee?
It’s possible but creates a conflict of interest that the NDIA takes seriously. In most cases, they’ll recommend someone else who doesn’t have a financial interest in your NDIS decisions.
Can a child under 18 have a nominee?
No. Children under 18 have a child representative instead of a nominee. In most cases, child representatives are automatically parents or people with parental responsibility.
How do I cancel a plan nominee?
Contact the NDIA (1800 800 110) and request cancellation. You don’t have to give a reason. The NDIA will process the cancellation in writing.
Is a guardian the same as a plan nominee?
No. Guardians are appointed under state laws by tribunals or courts. Nominees are appointed under the NDIS Act by the NDIA. They’re separate roles — though the same person can hold both, guardians must still formally agree to be a nominee and be appointed by the NDIA.
Can a plan nominee make ALL decisions for me?
No. A plan nominee’s role can be limited by the participant or the NDIA. You might want them to manage your funding but leave goal-setting to you. Their role is also meant to help you build decision-making skills over time — not replace your voice permanently.
How Centre of Hope Can Help
Deciding whether to appoint an NDIS plan nominee — and who — is a significant decision. At Centre of Hope, we help participants across Western Sydney and NSW:
- Understand your options — including alternatives to formal nominee appointments
- Build decision-making skills through capacity-building supports in your plan
- Work alongside your nominee if you have one — supporting them in their role
- Connect with independent advocates when you need impartial support
- Prepare for the nominee appointment process — helping you articulate your wishes
- Review nominee arrangements at plan reassessments
Whether you need a nominee, want to explore alternatives, or simply need help understanding your options — we’re here to walk alongside you.
Your goals. Your plan. Our support.
📞 Call us: 0432 250 900
🌐 Visit: centreofhope.com.au
📝 Refer: Submit a referral
Disclaimer: This article is for informational purposes only and does not constitute legal advice. All information is verified from the official NDIA Operational Guideline on Appointing a Nominee. NDIS policies may change. For advice specific to your situation, speak with your support coordinator, an independent advocate, or contact the NDIA on 1800 800 110. For legal matters, consult a qualified lawyer.
