37Registration of supporters

37  Registration of supporters

 (1) The System Governor may decide whether to register a person, for the purposes of this Act, to be a supporter of an individual accessing, or seeking to access, funded aged care services.

 (2) The registration may be made on the request of a person (including the individual) or body.

 (3) The System Governor may, under subsection (1):

 (a) register one person as a supporter of the individual; or

 (b) register 2 or more persons, jointly and severally, as supporters of the individual.

 (4) The System Governor must, subject to subsection (6), register a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions) under subsection (1) if:

 (a) there is such a person in relation to the individual; and

 (b) the person makes a request to be registered as a supporter of the individual.

 (5) When considering whether to register a person under subsection (1) who is not a person covered by subsection 28(2) (which deals with guardians and persons in other similar positions), the System Governor must have regard to whether there is any person covered by that subsection in relation to the individual.

 (6) The System Governor must not register a person under subsection (1) unless:

 (a) the System Governor is satisfied that the person is able to comply with the duties of supporters referred to in paragraphs 30(1)(a) to (c) and (e); and

 (b) one of the following applies:

 (i) if the registration is made on the request of the person who is a person covered by subsection 28(2)—the person has given consent to the registration;

 (ii) if the registration is made on the request of the person who is not a person covered by subsection 28(2)—both the person and the individual have given consent to the registration; and

 (c) the System Governor has taken into consideration any other matters prescribed by the rules.

 (7) A registration under subsection (1) may be made verbally or in writing.

Note: Written notice of the registration must be given under section 39 as soon as practicable after the registration is made.