6Considering whether there is an unreasonable risk to the participant—matters to which the CEO must, and must not, have regard

6 Considering whether there is an unreasonable risk to the participant—matters to which the CEO must, and must not, have regard

(1) This section is made for the purposes of subsections 44(3) of the Act and 74(6) of the Act. Matters to which the CEO must have regard – participant (2) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(1) of the Act, whether a participant’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to the participant: (a) whether, and the extent to which, any identified risk could be mitigated by: (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; (ii) any informal, community or mainstream supports that the participant has in place; (b) whether, and the extent to which, any identified risk has been mitigated in the past by: (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports; (ii) any informal, community or mainstream supports that the participant had in place; (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; (d) whether, and the extent to which, the participant is at risk of experiencing: (i) physical, mental or financial harm; (ii) exploitation or undue influence; (e) the participant’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the participant is likely to receive to do so; (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the participant; (g) any matters raised by the participant that the CEO considers relevant; (h) any other matters that the CEO considers relevant. Matters to which the CEO must have regard – registered plan management provider (3) The following are matters to which the CEO must have regard in considering, for the purposes of subsections 44(2) and 74(4A) of the Act, whether a plan management provider’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant: (a) whether, and the extent to which, any identified risk could be mitigated by: (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or (ii) any informal, community or mainstream supports the participant has in place; (b) whether, and the extent to which, any identified risk has been mitigated in the past by: (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports; (ii) any informal, community or mainstream supports that the participant had in place; (c) whether, and the extent to which, the participant is at risk of experiencing: (i) physical, mental or financial harm; (ii) exploitation or undue influence; (d) any matters raised by the following that the CEO considers relevant: (i) the person; (ii) if the person is not the participant—the participant; (e) any other matters that the CEO considers relevant. Matters to which the CEO must have regard – plan nominee (4) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 44(2A) of the Act, whether a plan nominee’s management of the funding for supports under a plan to a particular extent would present an unreasonable risk to a participant: (a) whether, and the extent to which, any identified risk could be mitigated by: (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates; or (ii) any informal, community or mainstream supports the participant and the plan nominee have in place; (b) whether, and the extent to which, any identified risk has been mitigated in the past by: (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports; (ii) any informal, community or mainstream supports that the participant or the plan nominee had in place; (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management decision relates; (d) whether, and the extent to which, the participant is at risk of experiencing: (i) physical, mental or financial harm; (ii) exploitation or undue influence; (e) the plan nominee’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the plan nominee is likely to receive to do so; (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the plan nominee; (g) any matters raised by the participant or the plan nominee that the CEO considers relevant; (h) any other matters that the CEO considers relevant. Matters to which the CEO must have regard – child representative (5) The following are matters to which the CEO must have regard in considering, for the purposes of subsection 74(4) of the Act, whether management of the funding for supports under a plan to a particular extent by a person mentioned in subsection 74(1) would present an unreasonable risk to a participant who is a child: (a) whether, and the extent to which, any identified risk could be mitigated by: (i) particular supports, safeguards or strategies that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; or (ii) any informal, community or mainstream supports the participant and the person have in place; (b) whether, and the extent to which, any identified risk has been mitigated in the past by: (i) particular supports, safeguards or strategies that were included in the participant’s statement of participant supports; (ii) any informal, community or mainstream supports that the participant or the person had in place; (c) the nature of the supports that are, or will be, included in the participant’s statement of participant supports to which the plan management request relates; (d) whether, and the extent to which, the participant is at risk of experiencing: (i) physical, mental or financial harm; (ii) exploitation or undue influence; (e) the person’s ability or capacity to make decisions or to appropriately manage finances, taking into account any support or assistance the person is likely to receive to do so; (f) whether a court or tribunal has ordered another person to manage, wholly or partly, the property or finances of the person; (g) any matters raised by the participant or the person that the CEO considers relevant; (h) any other matters that the CEO considers relevant.