What is a representative?

This page explains how you can nominate a representative to act on your behalf in your DVA business. You can nominate a person or an organisation to undertake this role. Sometimes an arrangement may be put in place for you if you can’t manage your own affairs or payments.

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What is a nominated representative

A nominated representative is a person authorised to represent you in your dealings with us. They can be a partner, adult relative, trustee, agent or legal representative. You can also choose to nominate an organisation, such as a nursing home, that receives your payments. You also need to nominate a contact person within that organisation.

You control how much of your information the nominated representative can access. You may only want them to discuss or help explain particular things with you or you may want them to manage all your DVA business.

Any nominated representative arrangement you make with us is only applicable to your DVA business. Other government departments and organisations may have a different process.

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When do you need one

There are 2 paths to having a nominated representative. One is voluntary, where you can choose to have a representative. The other is mandatory and generally put in place for you if you are no longer able to manage your affairs.

You can choose to have a nominated representative

If you are able to manage your own affairs it is not mandatory for you to have a representative. You can still choose to have a representative. You can also choose who that person should be.

If you can’t manage your own affairs

If you aren’t able to manage your own affairs, an organisation or person may manage them on your behalf. In this situation, the decision to have a nominated representative will be made for you.

This can happen if you:

• lose legal capacity to make your own decisions
• are unable to consent to another person managing your affairs.

The organisation or person who represents you must provide us with legal and medical evidence.

This could be either:

• an enduring power of attorney, a guardianship or administration order issued by a court or tribunal
• a certified letter or report from a medical professional who has assessed and confirmed that you’ve lost your decision making capacity.

Once appointed, your representative must adhere to any legal conditions. For example:

• extent of authority i.e. the information we can give them
• time frames i.e. how long they can represent you
• commencement details i.e. when they can start acting as your authority.

This may include the appointment of a trustee with permissions to act and receive payments on your behalf.

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Levels and types of arrangement

Whether voluntary or mandated, there are 4 different levels of arrangement a representative may act under.

1. 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 decreased
• the status of your claim, review or other request.

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

3. 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 to us on your medical condition/s
• submit claims on 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.

4. Permitted to receive payment

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

Organisations as nominated representatives

You can ask us to send your money to an organisation such as a nursing home, hospital, hostel, public housing body, etc.

In this arrangement, it is the responsibility of the administrator to deduct fees and manage any balance owing to you.

How many representatives you can have at once

You can have more than one representative at any time who are permitted to enquire on your behalf. However you are restricted to only one representative to act or receive payments on your behalf.

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How to appoint a representative

Use MyService or fill out Form D9325 Appointing a third party to represent a DVA client.

Both you and your representative must complete and sign the form.

If you aren’t able to manage your own affairs, your representative will need to provide us with copies of the required legal and medical documents. You do not need to sign any legal documents with us if you are choosing to nominate a representative voluntarily.

Your representative may also need to provide Proof of Identity if they have not previously provided this to us. 

Who can be a representative

Your representative should be:

• a person or organisation you trust
• someone who understands what is important to you
• over 18 years old
• willing and able to act on your wishes.

Making changes to who represents you

To add, remove or replace a representative, you can do any of the following:

• complete a new Form D9325 Appointing a third party to represent a DVA client
• call us on 1800 VETERAN (1800 838 372)
• login to MyService
• write to us.

How long does representation last

For a voluntary arrangement, the length of time the representation can last is either:

• for a start and end date you specify
• indefinitely with no end date.

If you aren’t able to manage your own affairs, or you have a trustee, we will use the end dates in your legal documents.

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Online access for your representative

You can authorise your representative to deal with us online. They will need to create a MyService account through myGov.

If you need help with our online services you can call us on 1800 VETERAN (1800 838 372) between 8am and 5pm, Monday to Friday or complete general enquiry form.

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