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Office of Sport

Terms and Conditions for Providers Registered for the Active Kids program

1. Definitions

1.1 The following definitions apply to these Terms and Conditions:

a.    Approved Activity means an approved sport or physical activity being delivered by a Registered Provider for the Program.

b.    Department means the Office of Sport NSW.

c.     Eligible Child means a child eligible to receive a Voucher under the Pprogram.

d.    Eligibility Criteria means the eligibility criteria that the Provider Applicant or Registered Provider must comply with as outlined in clause 3.1.

e.    Program means the Active Kids program administered by the Department.

f.      Provider Applicant means a sport or active recreation provider that is applying to become a Registered Provider for the Program.

g.    Recipient Terms and Conditions means the terms and conditions applicable to the recipient of a Voucher.

h.    Registered Provider means a sport or active recreation provider that has been approved and is currently listed as a Registered Provider for the Program. (also referred to as “you” in these Terms and Conditions) which can be access at https://my.service.nsw.gov.au/MyServiceNSW/ActiveKidsSearchProvider

i.      Voucher means a voucher issued to an Eligible Child under the Program for a value of up to $100, for membership and/or participation fees which can be redeemed with a Registered Provider

2. Application and Acknowledgements

2.1 These Terms and Conditions apply to Provider Applicants wishing to participate in, and Registered Providers participating in, the Program.

2.2 A Registered Provider’s eligibility to participate in the Program is subject to the Registered Provider’s compliance with these terms and conditions.

2.3 These terms and conditions apply without limitation to or from the Recipient Terms and Conditions.

2.4 A Registered Provider acknowledges and agrees that:

a.    beyond any obligation in clause 6, its participation in the Program imposes no obligations on the Department; and

b.    at no time will the Registered Provider or its employees or volunteers be employees, contractors, partiers or agents of the Department in relation to the Program. 

3. Eligibility criteria

3.1 To be eligible to register under the Active Kids program, an organisation or entity must:

a.    be a sporting club/association affiliated with a recognised NSW State Sporting Organisation (available at https://sport.nsw.gov.au/recognised-state-sporting-organisations-nsw) or National Sporting Organisation (determined and published by the Australian Sports Commission); or

b.    if not affiliated with a NSW State Sporting Organisation or National Sporting Organisation, be n not-for-profit activity provider incorporated in NSW or for profit activity provider in NSW (with a primary objective of sport or recreation)

AND meet the following criteria:

·         Hold a current ABN, ACN or Certificate of Incorporation and must not have any outstanding actions or enforcement orders recorded by the Office of Fair Trading or ASIC,

·         Ensure that all coaches, referees, first aid officers and other relevant staff and volunteers hold the relevant skills, experience or qualifications for low risk activities they provide, and/or appropriate accreditation for high risk activities, specifically swimming and fitness activities.

·         Be compliant with current New South Wales child protection legislation, including any requirements under the Child Protection (Working with Children) Act 2012 (NSW); and

·         Hold current Certificates of currency for professional indemnity and public liability insurance policies appropriate to the type and level of activities being delivered.

3.2. Should a Registered Provider’s situation change so that it no longer meets the Eligibility Criteria, or there are serious misconduct allegations against it or an employee or volunteer of the Registered Provider, the Registered Provider must notify the Department immediately.

4. Obligations

4.1 As a Registered Provider you agree:

a.    that you meet the Eligibility Criteria for registration;

b.    to comply with the Provider Guidelines for the Program (available at https://sport.nsw.gov.au/activekids/provider) and these Terms and Conditions as in force at any given time while participating as a Registered Provider of the Program;

c.     that your organisation will only accept two Vouchers per Eligible Child (named on the Voucher) per calendar year – the first during the period 1 January to 31 December and the second during the period 1 July to 31 December;

d.    that your organisation will only accept one Voucher per Eligible Child against a single program of activity.;

e.    that, subject to clause 4.1(f), all Vouchers must be redeemed by the expiry date as specified on the Voucher. The Department will not permit redemption of Vouchers presented after this date;

f.      that, the Department may, at its absolute discretion, permit redemption of vouchers beyond the expiry date as specified on the Voucher;

g.    notwithstanding clause 4.1.f, the Department will not permit any redemption beyond 30 June of the year following the expiry date as specified on the voucher;

h.    to only accept a Voucher or a transfer of a redeemed Voucher amount, to pay costs towards membership and/or participation fees of structured activities that are eight weeks or longer and provide a moderate to vigorous level of physical activity. 

i.      Vouchers or redeemed Voucher amounts must not be used for the costs of any other individual or associated items not covered by the membership and/or participation fees, including but not limited to jerseys, boots, playing equipment and travelling costs;

j.      that Vouchers can only be redeemed for membership and/or participation fees up to a maximum of $100, based on the usual membership and/or participation fees charged by the organisation;

k.     any increases in the membership and/or participation fees shall be reasonable and that the amount of the membership and/or participation fee charged is not calculated by reference to whether it is being paid in full or part by the redemption of a Voucher by an Eligible Child;

l.      that Vouchers must be presented to and accepted by you at the time of registration of an Eligible Child;

m.   to maintain accurate records of Voucher redemptions for payment acquittal and auditing purposes;

n.    to confirm with the parent, guardian or carer prior to redeeming the Voucher online:

                                 i.        the membership rules;

                               ii.        participation opportunities made available by you to the Eligible Child;

                              iii.        membership and participation fee inclusions and exclusions;

                              iv.        attendance requirements; 

                               v.        additional costs and/or requirements with participating in the sport or recreation activity.

4.2 As a Registered Provider you acknowledge that:

a.    if the membership and/or participation fees are more than $100, you will be required to seek the difference from the parent, guardian or carer of the Eligible Child and the Department will not be liable to you for any fees ; 

b.    if the membership and/or participation fees are less than $100, the balance is not redeemable in cash or to be used towards other fees or items; and

c.     the Voucher is not transferable and can only be used for membership and/or participation fees for the Eligible Child named on the Voucher.

4.3 If a parent, guardian or carer of the Eligible Child presents and redeems a Voucher at the time of registration of that Eligible Child then the Registered Provider must reduce the amount payable for that Eligible Child by the amount of the Voucher presented and redeemed. For the avoidance of doubt, a parent, guardian or carer of the Eligible Child shall not be liable to the Registered Provider for an amount greater than the full cost of membership and/or participation fees less the value of the Voucher presented and redeemed.

4.4 Without limitation to clause 3.2, the Registered Provider must immediately notify the Department if it becomes aware that an employee, officer or volunteer of the Registered Provider:

a.    no longer holds a valid Working With Children Check under the Child Protection (Working with Children) Act 2012 (NSW);

b.    is under investigation by any authority for any child-related offence or misconduct (except to the extent that the Registered Provider is prohibited by law from disclosing such information);

c.     records a conviction under any child protection legislation; or

d.    fails to maintain any industry qualification, training or expertise.

5. Verification

5.1 The Department reserves the right, at its discretion, to verify any information provided as part of the application process by a Provider Applicant or the process for redeeming a Voucher by a Registered Provider. Verification may include, without limitation, any or all of the following:

a.    requesting the provision of additional information from the Provider Applicant or Registered Provider; and

b.    making enquiries with the parent, guardian or carer of the Eligible Child or any third party referenced by a Provider Applicant as part of the application process.

5.2 You must retain copies of all documents associated with receiving and redeeming a Voucher under the Program for 12 months after receiving the Voucher, to allow for post-redemption verification if required.

5.3 Notwithstanding any other provision of these Terms and Conditions, the Department reserves the right to require additional information or clarification from you or anyone else before proceeding to make a decision about acceptance or redemption of a Voucher.

5.4 You must provide any copies of documents associated with the Program to the Department when requested to do so.

5.5 In addition to any other rights of the Department, failure to comply with the verification requirements under clause 5.1 can result in the termination of your approval as a Registered Provider by the Department.

6. Redemption process

6.1 You can only redeem valid Vouchers online or as otherwise advised by the Department.

6.2 As a Registered Provider you agree:

a.    that the nominated banking details provided must be in the name of or under the control of the club or organisation;

b.    that the representative claiming funds on behalf of the Registered Provider must be a duly authorised delegate or officer of the organisation;

c.     to maintain the Registered Provider's registration and banking details in the Service NSW Business Account for the Program to ensure prompt payment of funds;

d.    to only redeem Vouchers prior to the expiry date identified on each Voucher unless otherwise permitted by the Department under clause 4.1f;

e.    to only claim a Voucher once and provide all information requested during the redemption process; and

f.      to contact the Department if any difficulties are experienced in redeeming a Voucher or for non-payment of funds.

6.3 Funds should be transferred into the Registered Provider’s nominated bank account within 3-7 business days from the day of successfully completing the Voucher redemption process, depending on the Registered Provider’s financial institution and providing the correct information has been supplied by the organisation. The Department is not responsible or liable to the Registered Provider where funds are not received into the nominated bank account within 7 business days.

6.4 The Department is under no obligation to re-transfer funds where the Registered Provider has not submitted up-to-date or accurate bank account details, and the transferred funds were not received by the organisation.

6.5 The Department may, in its absolute discretion, make a direct payment to a Registered Provider in circumstances where the Registered Provider is not able to complete the redemption process or errors are made during the redemption process.

7. Repayment obligations

7.1 The Department may require you to repay the Voucher amount redeemed, in the event that:

a.    any information provided by you as part of registering as a Registered Provider for the Program or accepting and redeeming a Voucher, is untrue, false, misleading or deceptive;

b.    the Eligibility Criteria in clause 3 were not complied with; or

c.     you otherwise have not complied with your obligations in these terms and conditions.

7.2 The Department may, in its absolute discretion, decide that due to the existence of exceptional circumstances an amount repayable under clause 7.1 of these Terms and Conditions is not repayable. In making such a decision, the Department may require you to provide satisfactory evidence about the existence of exceptional circumstances.

7.3 For any amount repayable by a Registered Provider under clause 7.1 the Registered Provider is prohibited from taking any steps to seek to recover part or all of the amount repayable from an Eligible Child or any other person related to the Eligible Child in respect of whom the amount of the Voucher is repayable by the Registered Provider.

8. Closure, suspension or variation of the program

8.1 The Department reserves the right, at any time, to:

a.    vary these Terms and Conditions including, without limitation, the maximum Voucher amount, the number of Vouchers available, the Eligibility Criteria, the process for redeeming the Vouchers or the Program requirements;

b.    suspend the operation of, or close, the Active Kids program;

c.     reduce or extend the period of the Active Kids program.

8.2 The impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, may be considered before or as part of any such action that is taken.  Any changes to these Terms and Conditions or action taken to suspend or close the Program will be notified on the Office of Sport website: Active Kids.

9. Privacy

9.1 Your privacy is important to us. Please read the Active Kids Program Privacy Statement ("Privacy Statement") which forms part of these Terms and Conditions. The Privacy Statement describes the types of data collected by the Department and its program delivery partner Service NSW, including information supplied by a Registered Provider, a Provider Applicant, or their authorised representative. This may include personal information about the Registered Provider and Provider Applicant, their office bearers and nominated key contacts and delegates. The Privacy Statement also explains how we may use and disclose personal information for the purposes of the Program. By agreeing to these Terms and Conditions, you acknowledge that personal information may be collected, used and disclosed as described in the Privacy Statement.

9.2 The Department will publish relevant details of Registered Providers (such as organisation name, website, and sport/recreation activity) on the Department’s website. Information on the number of Vouchers received by your organisation may also be provided to members of parliament, and relevant sport and recreation organisations.

9.3 Your contact details (or the contact details of your organisation's contact persons) may be used by the Department or its contractors to contact you for the purposes of gathering feedback or participating in a survey on the Program.

9.4 Information collected by the Department and Service NSW as part of the Active Kids program is subject to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act), the Health Records and Information Act 2002 (NSW) and other relevant laws. The Privacy Statement explains how individuals can access and correct their personal information, how to lodge a privacy complaint, and how we will deal with privacy complaints.

10. General

10.1 Registered Providers deliver activities under the Program entirely at its own risk.

10.2 The Department is not liable for any injuries that may be sustained by any child while participating in the sport or recreation activity or the organisation's participation in the Program. The Department expressly disclaims all liability, to the extent permitted by law, for any loss, injury, damage or other negative consequence whatsoever whether direct or indirect, which may arise from the Registered Provider’s participation in the Program.

10.3 The Registered Provider indemnifies the Department, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with any breach of any of these terms and conditions by the Registered Provider, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of the Department, its officers or employees.

10.4 You must not assign or subcontract your rights and obligations under the Terms and Conditions or in relation to a Voucher, without the Department’s written consent.

10.5 No rights under these Terms and Conditions will be waived except by notice in writing signed by the Registered Provider and the Department.

10.6 The Active Kids program, all related documents and the legal relationship between the parties are governed by the laws of the State of New South Wales. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.

10.7 Where the Department has issued a notice to a physical or electronic address provided by you as the Registered Sport or Active Recreation Provider contact details when registered under the Active Kids program, the notification will be deemed to have been received by you:

a.    immediately, where delivered by hand;

b.    immediately upon receipt of electronic transmission confirmation; or;

c.     7 business days from date of posting.

10.8 A Registered Provider must provide any information and reporting regarding its activities under the Program required by the Department.

10.9 If requested at any time (including after the completion of its participation in the Program), the Registered Provider must participate in research and evaluation activities undertaken by the Department or its contractors in relation to the Program.

10.10 The Registered Provider consents to receive information, including marketing and promotional material, from the Department in relation to the Program.

10.11 The Registered Provider must comply with any reasonable request or direction from the Department in relation to the Program, including specified measures to deal with an event or circumstance that has, or is likely to have, an adverse effect on the health or safety of persons.

10.12 The Department may at any time by notice, at its absolute discretion, terminate the participation of a Registered Provider and/or any of its employees, officers or volunteers in the Program.

10.13 Without limitation to clause 10.12, where a Registered Provider breaches any of these terms and conditions, the Department may, at its absolute discretion, terminate participation of the Registered Provider and/or any of its employees, officers or volunteers in the Program.

Enquiries

For any Active Kids enquiries please contact:

Philippa Taylor
Director, Active Kids Program
Phone: 13 77 88
Email: activekids@sport.nsw.gov.au

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