43Choice for the participant in relation to plan management

#### 43 Choice for the participant in relation to plan management (1) A participant for whom a plan is in effect or is being prepared may make a request (a plan management request): (a) that he or she manage the funding for supports under the plan wholly or to the extent specified in the request; or (b) that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider he or she nominates; or (c) that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by the Agency. (2) If a participant makes a plan management request, the statement of participant supports in the plan must give effect to the request, except to the extent set out in subsections (2A) to (6). (2A) If the plan is a new framework plan: (a) the CEO may, if satisfied that a circumstance mentioned in subsection (2C) exists, decide that: (i) a person mentioned in subsection (2B) is to manage a particular proportion of flexible funding provided under the plan; or (ii) a person mentioned in subsection (2B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and (b) the statement of participant supports in the plan must give effect to the decision. > Note: The CEO may make more than one decision under subparagraph (a)(i) or (ii) for a particular plan if there is more than one person mentioned in subsection (2B) for whom such a decision can be made. (2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if: (a) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty; or (b) in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that: (i) is punishable by imprisonment for 2 years or more; or (ii) involves fraud or dishonesty. (2B) For the purposes of subparagraphs (2A)(a)(i) and (ii), the persons are as follows: (a) the Agency; (b) the participant, if the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee; (c) if: (i) the participant has a plan nominee; and (ii) the participant has made a plan management request covered by paragraph (1)(a); and (iii) the decision would be consistent with the terms of the plan nominee’s appointment; the plan nominee; (d) a registered plan management provider, if the participant has made a plan management request covered by paragraph (1)(b) that nominates the provider. (2C) For the purposes of paragraph (2A)(a), the circumstances are as follows: (a) the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision; (b) section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant’s previous plans; (c) a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph. (2D) The National Disability Insurance Scheme rules may make provision for determining any matter for the purposes of paragraph (2A)(a), including but not limited to: (a) requirements with which the CEO must comply; and (b) methods or criteria that the CEO is to apply; and (c) matters that the CEO may, must or must not take into account; in making any decision under paragraph (2A)(a). (3) If: (a) a participant makes a plan management request covered by paragraph (1)(a); and (b) subsection 44(1) applies in relation to the participant; the statement of participant supports in the plan must provide for the funding for supports under the plan: (c) if paragraph 44(1)(a) or (aa) applies—to be wholly managed by the Agency; and (d) if paragraph 44(1)(b) or (c) applies—to be managed by the Agency to the extent covered by that paragraph. (4) If: (a) a participant makes a plan management request covered by paragraph (1)(b); and (b) subsection 44(2) applies in relation to the registered plan management provider; the statement of participant supports in the plan must provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection. (4A) If: (a) a participant makes a plan management request covered by paragraph (1)(b); and (b) subsection 44(2AA) applies in relation to the registered plan management provider; the statement of participant supports in the plan may provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection. (5) If: (a) the participant has a plan nominee; and (b) subsection 44(2A) does not apply in relation to the nominee; and (c) the terms of the plan nominee’s appointment deal with the management of certain funding for supports under the plan; the statement of participant supports in the plan must provide for that funding to be managed in accordance with those terms. (6) If: (a) the participant has a plan nominee; and (b) subsection 44(2A) applies in relation to the nominee; and (c) the terms of the plan nominee’s appointment deal with the management of certain funding for supports under the plan; the statement of participant supports in the plan must provide for that funding: (d) if paragraph 44(2A)(a) or (aa) applies—to be wholly managed by the Agency; and (e) if paragraph 44(2A)(b) or (c) applies—to be managed by the Agency to the extent covered by that paragraph. (7) The following provisions have effect: (a) paragraph (2A)(b) does not apply to funding to the extent that subsection (2AA), (3), (4) or (6) applies to the funding; (b) subsection (3) or (4) does not apply to funding to the extent that subsection (5) or (6) applies to the funding; (c) subsection (5) does not apply to funding to the extent that paragraph (2A)(b) applies to the funding. No plan management request (8) If a participant does not make a plan management request, the statement of participant supports in the plan must provide that the funding for supports under the plan is to be wholly managed by the Agency.