Department of Human Services
The Disability Act 2006 (the Act) commenced on 1 July 2007.
The Act protects the rights of people living in residential
services and provides clarity regarding the role and
responsibilities of residential services. This includes the
management of residents’ funds.
Do I have to be formally appointed as an
administrator so I can tell staff what to do with
the resident’s money?
No, you do not have to be formally appointed, but you must be
the nominated representative of the resident.
Who is the nominated representative?
The nominated representative is the person who is named
during the development of an individual’s support plan, or a
resident’s financial plan as the most appropriate person to
provide financial management support and responsibility for
the resident’s agreed financial plan.
Why does a resident need to have a nominated
A nominated representative is required where a resident is not
capable of making financial decisions regarding the person’s
own money, and when they do not have a formally appointed
Residents who are capable of making their own financial
decisions do not require a nominated representative. They
manage their own money in their own private bank accounts.
What instructions can staff accept from a
Staff can only accept instructions from a nominated
representative on financial matters that are reasonably
related to the resident’s expenditure needs in the context of
providing disability support, such as accommodation support,
community access, day programs and respite.
What is the agreed financial plan for a resident?
A financial plan is the agreed budget provided to the disability
service provider that sets out the budgeted routine expenditure
needs of a resident in a shared accommodation setting. This
plan guides the application of residents’ money held in trust
by the residential service. Approved expenditure items may
include the residential charge, other accom