Under the Business Services Wage Assessment Tool Payment Scheme Act 2015 (the Act) a nominee is bound by the following principles: •all adults have an equal right to make decisions that affect their lives and to have those decisions respected •persons who may require support in decision making must be provided with access to the support necessary for them to make, communicate and participate in decisions that affect their lives •the will, preferences and rights of persons who may require decision making support must direct decisions that affect their lives, and •laws and legal frameworks must contain appropriate and effective safeguards in relation to interventions for persons who may require decision-making support, including to prevent abuse and undue influence. If the applicant cannot formulate their own preferences, it is the duty of a nominee to ascertain what the participant would likely want by doing any or all of the following: •consider any previous views or wishes expressed by the participant •consult with any court-appointed decision maker •consult with any participant-appointed decision maker •consult with family members, carers or informal supporters of the participant.Under the Business Services Wage Assessment Tool Payment Scheme Rules 2015 (the Rules) a nominee must: •support decision making by the participant personally •have regard to, and give appropriate weight to, the views of the participant •inform the Secretary:
◦if the nominee has, acquires, or is likely to acquire, any interest, pecuniary or otherwise, that conflicts or could conflict with the performance of the nominee’s duties. (A conflict of interest in relation to a nominee and a participant, means any conflict between the interests of the nominee and the interests of the participant). ◦if the nominee has a conviction for an offence under a law of the Commonwealth, state or territory law involving abuse, violence or fraud ◦if the nominee is so required, any event or change of circumstances in respect of any duties during the period of acting as a nominee, and ◦if the nominee believes that he or she cannot comply with his or her obligations under the Act and the Rules. •become sufficiently familiar with the financial affairs of the participant so that the nominee can discharge his or her duties under the Act and the Rules. •avoid or manage any conflict of interest in relation to the nominee and the participant •provide support to the participant to express their preference in making decisions in respect of accepting or declining an offer from the BSWAT Payment Scheme •communicate to the participant the process, decision and implications of decisions relating to the BSWAT Payment Scheme •promote and safeguard the participant’s human rights and act in the way least restrictive of those rights when making decisions relating to the BSWAT Payment Scheme, and •recognise and respect the cultural and linguistic circumstances of the participant and ensure an appropriate form of communication for the purposes of communicating about how the BSWAT Payment Scheme is used. If more than one person is appointed as nominee, a further duty of each of them is to consult with the others before doing any act under, or for the purposes of, the Act.Who cannot be a nominee A person cannot be appointed as a nominee if they are:•under 18 years of age•employed by the Australian Government Department of Social Services •a recipient of a grant made under Part II of the Disability Services Act 1986 or an employee of such a recipient, or•a person who the Secretary has decided must sign a nominee declaration in accordance with section 7.04 of the Rules, but has not done so.However, a person who is employed by the Department of Social Services or a recipient of a grant made under Part ll of the Disability Services Act 1986 (or an employee of such a recipient), may be appointed as a nominee for the participant if: •the person is a relative of the participant •the person is a court-appointed or participant-appointed decision maker in relation to the participant •the person is a nominee in relation to the participant for the purposes of the social security law, or •the Secretary determines that there are circumstances which make it inappropriate for a person not to be appointed.