With thanks to Bill Madden for this update: https://billmaddens.wordpress.com/2021/09/22/ndis-plan-nominees-and-guardians/
“Lamb and National Disability Insurance Agency [2021] AATA 3373 (on JADE) is of interest for its discussion of the Agency’s decision to cancel the appointment of plan nominee, following the appointment of a guardian by QCAT. The plan nominee had applied to be appointed as guardian but QCAT appointed the Public Guardian.
The only question for consideration by the AAT was whether cancellation of the Applicant as the plan nominee for the NDIS participant under the NDIS Act was the correct or preferable decision. When the Applicant was appointed as plan nominee, the Public Guardian had not yet been appointed. As this did not occur until a few months after the Applicant’s appointment as plan nominee, the mandatory provisions in relation to the presumption of appointment of his guardian as plan nominee did not then apply ([26]).
The question before the Tribunal could not be answered by determining that the Applicant is devoted to her brother, or that she is his keen advocate, or that she loves him dearly ([42]).
Ultimately the AAT held that it was not appropriate for the Applicant to remain as the plan nominee, for a range of reasons set out at [57], the first of which was that the Applicant was not the participant’s appointed guardian and a Tribunal of competent jurisdiction had determined that she was not an appropriate person to discharge that function.”
