44Circumstances in which persons must not manage funding

#### 44 Circumstances in which persons must not manage funding Participant (1) For the purposes of paragraph 43(3)(b), this subsection applies in relation to a participant if: (a) the participant is an insolvent under administration; or (aa) 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) the CEO is satisfied that the participant’s management of the funding for supports under the plan to a particular extent would: (i) present an unreasonable risk to the participant; or (ii) permit the participant to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by a participant; or (c) the CEO is satisfied that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the participant were to manage the funding for supports under the plan to a particular extent. Registered plan management provider (2) For the purposes of paragraph 43(4)(b), this subsection applies in relation to a registered plan management provider if the CEO is satisfied that the provider’s management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant. (2AA) For the purposes of paragraph 43(4A)(b), this subsection applies in relation to a registered plan management provider if the CEO is satisfied that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the provider were to manage the funding for supports under the plan to a particular extent. Plan nominee (2A) For the purposes of paragraphs 43(5)(b) and (6)(b), this subsection applies in relation to a plan nominee if: (a) the plan nominee is an insolvent under administration; or (aa) 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; or (b) the CEO is satisfied that the plan nominee’s management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant; or (c) the CEO is satisfied that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the plan nominee were to manage the funding for supports under the plan to a particular extent. National Disability Insurance Scheme rules relating to unreasonable risk (3) The National Disability Insurance Scheme rules may prescribe criteria the CEO is to apply and matters to which the CEO is, or is not, to have regard in considering whether any of the following would present an unreasonable risk to the participant: (a) a participant managing the funding for supports under the plan; (aa) a registered plan management provider managing the funding for supports under the plan; (b) a plan nominee managing the funding for supports under the plan. (4) The National Disability Insurance Scheme rules may prescribe circumstances in which the management of funding for supports under a plan to a particular extent by a participant, a registered plan management provider or a plan nominee is taken to present an unreasonable risk to a participant. National Disability Insurance Scheme rules relating to compliance with section 46 (5) The National Disability Insurance Scheme rules may prescribe criteria the CEO is to apply and matters to which the CEO is, or is not, to have regard in considering whether section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if any of the following were to manage the funding for supports under a plan to any extent: (a) the participant; (b) a registered plan management provider; (c) a plan nominee.