Nominate someone to act on your behalf

Last updated: 
13 March 2020

You can nominate a person or organisation to speak or act on your behalf. We call this a third party representative arrangement. An arrangement can also be in place if you cannot manage your own affairs or payments.

What is a representative

We call the person who represents you a nominated representative. A representative is a person or organisation who can talk with and act with us on your behalf. You can control how much of your information they are able to access. You can ask them to discuss some things, or everything, and they can also receive your payments.

A representative can also be an organisation. If you chose for an organisation to be your representative, you must provide the details of a contact person within that organisation. 

This is voluntary for people who can manage their own affairs. You do not need to sign any legal documents with us.

There are extra rules for your representative if you cannot manage your own affairs.

These arrangements are only with us. Other government departments and organisations may have a different process.

If you are not able to manage your own affairs

If you cannot manage your own affairs, an organisation or person may manage them on your behalf.

This can happen if either of the following occurs:

  • you have lost legal capacity to make your own decisions
  • you are not able to consent to another person managing your affairs

To show that you cannot manage your own affairs, the organisation or person must provide legal and medical evidence.

Legal

There are different types of legal appointments, and they may be different between each state and territory. 

Acceptable legal evidence can include both:

  • an enduring power of attorney
  • a Guardianship or Administration Order issued by a Court or Tribunal

If there are conditions in the legal documents, the representative is bound by them. These conditions can be, but are not limited to:

  • extent of authority (the information we can give them)
  • time frames (how long they can represent you)
  • activation criteria (when they can start acting as your authority)

 

Medical

The medical professional who provides evidence of your mental or physical incapacity should be a person who has both:

  • assessed you
  • found that you have lost your decision making capacity

Unless the legal authority indicates otherwise, acceptable medical evidence can include:

  • a recent letter (the original or a certified copy)
  • a recent report (the original or a certified copy)

The letter or report must be from any of the following:

  • a treating doctor
  • hospital registrar
  • Director of Nursing
  • other medical specialist

 

Levels of arrangement

There are 4 different levels of arrangement:

Whether your representative is a person or an organisation, they must:

  • act according to any limitations you place on them
  • tell us within 14 days if they cannot act as your representative
  • not delegate any of the powers and duties to another person or organisation

 

Permitted to enquire

A representative who is 'permitted to enquire' can ask questions about your payments and services, including:

  • your current rate of payment, debts, and back payment information
  • the reason your payment has ceased, increased or deceased
  • the status of your claim, review or other request


Permitted to act

A representative 'permitted to act' can:

  • ask questions about your entitlements
  • tell us about changes to your circumstances, such as a change of address or financial information
  • submit claims on your behalf
  • make transport bookings on your behalf
  • complete and sign forms and statements
  • attend appointments with you

This representative must:

  • act in your best interests, taking your wishes into account
  • tell us of any changes in your circumstances within 14 days (within 28 days if outside Australia)

If you want or need your representative to respond to notices about your pension, they must do so. If they do not, you have not met obligations. This may result in an overpayment. 

 

Permitted to act – health

A representative 'permitted to act – health' can only act in regards to matters on medical treatment.

They can:

  • ask questions about your medical conditions for which we have accepted liability
  • provide updates
  • submit claims your behalf
  • book your travel to and from medical treatment

They can also submit requests or claims for:

  • medical health treatment
  • extra benefits relating to your existing conditions

 

Permitted to receive payment

A representative 'permitted to receive payment' will receive your payments on your behalf.

This includes appointment under the following sections of the Veterans’ Entitlements Act 1986 (VEA):

  • section 58D
  • section 122
  • section 202(1)

If you cannot manage your money, a trustee may be appointed.

A representative 'permitted to receive payment' must manage your payments according to your wishes. They must:

  • pay the money to you, or manage any money for your benefit
  • keep records of payments received
  • record what they use your money for
  • pay any remaining money to you when you choose to end the representation
  • transfer any remaining money to your legal personal representative upon your death

Trustees

A trustee:

  • has the legal right to keep and control your payments
  • must hold and manage the money for your benefit
  • may invest the money in a manner authorised by the law of the state or territory where the you live
  • must ensure there is no conflict of interest, and that they do not benefit from this arrangement

Institutions

You can ask us to send your money to an institution such as a:

  • nursing home
  • hospital
  • hostel

In this arrangement, it is the responsibility of the administrator to:

  • deduct fees
  • manage any balance owing to you

 

The representatives you can have

You can have more than 1 representative 'permitted to enquire'.

You can only have 1 representative 'permitted to act' and only 1 representative 'permitted to receive payment'. They do not have to be the same person or organisation.

 

Who can be a representative

Your representative should understand what is important to you. 

They should be:

  • over 18 years old
  • a person or organisation you trust 
  • willing and able to act on your wishes

How to appoint a representative

Fill out "D9325 Appointing a third party to represent a DVA client".

If you can, both you and your representative must complete and sign the form.

If you cannot manage your own affairs, your representative will need to provide us with copies of the legal and medical documents. We do not need copies of any legal appointments if you are nominating a representative voluntarily. 

 

How to replace a representative

You will need to complete form D9325 with the details of your new representative to replace 1 who is:

  • permitted to act
  • permitted to act – health
  • permitted to receive payment

We will write to your previous representative and tell them that we have cancelled the arrangement at your request.

 

How to remove a representative

To remove or replace a person who is 'permitted to enquire', or cancel an existing arrangement, you can do any of the following:

How long does representation last?

For a voluntary arrangement, the arrangement can be either:

  • for a specified period of time with a specific start and end date
  • indefinite, with no end date

If you cannot manage your own affairs, or you have a trustee, we will use the end dates that are provided in your legal documents.

We may also review your arrangement from time to time.

This is to make sure:

  • you are happy with the arrangement
  • your representative is fulfilling their responsibilities

If you think your representative arrangement is being misused, contact us straight away.

 

Online access

You can authorise your representative to deal with us online.

Individual representatives will need to create a MyServices account through myGov. They only need to do this 1 time.

If you need help with our online services you can either: