Authorised representatives and nominees 104-17071700

There are a number of ways individuals and organisations can represent customers. A customer representative might be:

• a Centrelink nominee
• a Centrelink and aged care nominee
• an aged care only nominee
• Child Support authorised representative
• Medicare authorised representative
• National Redress Scheme nominee, or
• Youpla Support Program

Each service delivery brand is governed by its own specific legislation. Different brands have their own rules about what a representative can do and when and what information can be provided to someone who is not the customer.

It is critical to correctly identify the role and limitations of customer representatives. If the customer makes use of multiple services, a representative can only represent the customer in the service offer for which they are authorised. For example, unless they are specifically authorised, a Centrelink correspondence nominee cannot represent the same customer for Child Support or Medicare.

An individual or organisation could represent a customer for more than one service offer. For example, they could be both a Centrelink nominee and a Medicare authorised representative. As a correspondence nominee is the same for Centrelink and aged care, they can represent the customer for both services.

The level of access to a customer's personal information varies between types of representatives. When a customer undergoes a change of circumstances such as a separation resulting in the unlinking of records:

• representative arrangements must be reviewed before updating any personal details. This ensures the customer's personal details remain protected
• updates must be made separately (including ending arrangements for another person to act on their behalf) for:
• Centrelink
• Medicare and
• Child Support

There are key steps a customer should consider when reviewing their representative arrangements because they are separating from a relationship. This ensures they keep their personal information safe. See Separating Safely - Protecting personal details.

A correspondence nominee is an individual, for example, a friend or relative, or an organisation appointed to conduct Centrelink business and aged care costs on behalf of a customer. For example:

• make enquiries
• advise Services Australia of changes to the customer's circumstances
• complete and sign forms and statements
• attend appointments with the customer or, if appropriate, on their behalf
• receive a copy of all Centrelink and aged care costs mail

See Adding or rejecting a nominee request.

A payment nominee is an individual, for example, a friend or relative, or an organisation appointed to receive the customer's payments on their behalf. A payment nominee:

• can only use the payments for the customer's benefit
• must keep records of the payments received and how they have spent the money for the customer's benefit

See Adding or rejecting a nominee request.

A correspondence nominees can deal with Services Australia for aged care costs purposes for a mutual Centrelink and aged care customer.

Customers with a correspondence nominee arrangements can also have person permitted to enquire or update arrangements with other third parties. These can be for both Centrelink and aged care costs purposes.

Aged care nominees who are not also recorded as a correspondence nominee, such as DVA customers, will have their nominee arrangements under aged care provisions only.

The nominee may:

• get details about care costs and means assessments
• give income and asset details to Services Australia
• get aged care letters

See Aged care request for a nominee or executor.

Separate authorised representative arrangements apply to My Aged Care services.

A review of a nominee arrangement can be carried out at any time for a range of reasons. It is preferable to review voluntary arrangements annually or where there is a change in circumstances.

Customers can ask to cancel a voluntary arrangement online, verbally or in writing. Where a nominee asks to cease an arrangements, the request must be received in writing, except in certain circumstances.

See Resources for a link to the Authorising a person or organisation to act on your behalf (SS313).

Customers can give authorisation for individuals, for example, partners, friends or parents, or organisations to enquire and/or make updates on their behalf. These are known as Person Permitted to Enquire (PPE) or Person Permitted to Update (PPU) and are not nominee arrangements. PPE and PPU arrangements are also applicable for aged care costs purposes.

To update authorisations, see Person Permitted to Enquire (PPE) or Update (PPU) authority.

To ensure PPE/PPU arrangements are still appropriate they should be reviewed by the customer when they have a change in circumstances such as:

• new claim for payment or
• separation from partner

PPE arrangements can be ceased by the customer online if the PPE is their partner. Other PPE arrangements can be ceased by the customer online when submitting an online claim. PPU arrangements must be ceased over the phone or in person.

A customer receiving SRSS payments can voluntarily authorise a person or organisation to enquire on their behalf. The customer can request this:

• verbally, if appointing their Department of Home Affairs contracted service provider, or
• by lodging a completed Status Resolution Support Services Payment - authorising a person or organisation to enquire on your behalf (Status Resolution Support Services Payment - authorising a person or organisation to enquire on your behalf form (SU698))

See Person Permitted to Enquire for Status Resolution Support Services (SRSS) payment customers.

In limited circumstances a third party may have authority to make enquiries on behalf of a person in the absence of a nominee, PPE or PPU arrangement. This includes express authority, implied authority and public interest provisions. See Disclosing information to third parties.

Express Authority

Powers of Attorney, Guardianship and Administration orders are other forms of express authority based on a legal document. The type of information that can be disclosed to them depends on the scope of the authority. A copy of the document must be sighted before any information is released, and be stored on the customer's record to assist with further interactions.

See Accepting information from and disclosing information to a Power of Attorney.

Implied Authority

Implied authority of the customer may exist when the agency is contacted by third parties who are members of 'helping' professions. Information may be released where it is clear that the organisation is helping the customer, the contact is relevant and the customer would provide consent if they were able.

See Implied consent regarding third parties.

Authorised representative arrangements provide the authority to act on behalf of a customer for Medicare purposes. They are not based on legal documents.

An Authorised representative arrangement can only be recorded where there are no legal arrangements in place. A customer can only have one authorised representative at a time.

An authorised representative must:

• be over 18 years of age
• be an individual who is a close friend or relative of the customer
• not be a paid carer from an organisation, institution or community health service
• have evidence the person requires assistance because of a medical condition

A completed Authorisation to act on an incapacitated person's behalf for Medicare purposes form (MO050) (see Resources for a link to the form) may be submitted online at servicesaustralia.gov.au, by post or presented at a service centre, and must include:

• proof of identification
• a statutory declaration stating the relationship between the applicant and their responsibility to the customer
• evidence of similar arrangements with another service brand, government agency or organisation
• evidence of the customer's medical condition

See Power of Attorney, Guardianship, Administrative Orders and Authorised Representative for Medicare.

Authorised Representatives arrangements can be ceased by the customer or Authorised representative over the phone.

To ensure Authorised Representative arrangements are current, they should be reviewed by the customer or authorised representative when they have a change in circumstances such as:

• change of address
• separation from partner

Powers of attorney, guardianship orders and administration orders provide the legal authority to act on behalf of someone else. The difference between these types of documents is the way in which a person has been appointed to act on behalf of another individual.

• Power of attorney is a written document given by one person to another and authorising them to act for him/her on their behalf. Financial power of attorney allows interaction with Services Australia
• Guardianship and administration orders are written documents given by a court or tribunal appointing a legal guardian or administrator to act on behalf of an individual

The original or certified copy of the power of attorney, guardianship order or administration order can be submitted by email, post or presented at a service centre see the Resources page for a link to contact details. Service Officers must record the details in the Medicare Consumer Directory Maintenance System (CDMS).

See Power of Attorney, Guardianship, Administrative Orders and Authorised Representative for Medicare.

Customers can authorise Services Australia to communicate their child support information to an individual or organisation. This is an authorised representative with ordinary authority.

Authorised representatives can provide or receive information about a customer's child support case, but cannot make applications or elections for the customer.

Authorised representatives are often the customer's relative, partner, or solicitor.

See Child Support representative with ordinary authority.

Child Support Authorised Representative arrangements:

• can be commenced or ceased by the customer over the phone
• should be reviewed as appropriate. For example, when a customer lodges an application for a new assessment, where the other parent was previously recorded as the representative

An authorised agent is a person with legal authority to act on a child support customer's behalf. The legal authority could be a power of attorney or an administrator appointed by a court or tribunal if the person is unable to make their own decisions about child support.

An authorised agent acts for the child support customer as if they are the customer and agents can make applications and elections for the customer.

See Child Support authorised agent.

For the National Redress Scheme, there are 2 types of nominees:

• assistance nominee
• legal nominee

See Nominees for the National Redress Scheme and a link to the Redress Nominee form.

For the Youpla Support Program, there are 2 types of nominees:

• assistance nominee
• legal nominee

See Youpla Support Program – nominee arrangements.