Disaster recovery small business grant – storms and floods August and September 2022 onwards – Terms and Conditions

1. Application and acceptance of Terms and Conditions

1.1 The Department of Customer Service, Service NSW and NSW Reconstruction Authority are delivering the Disaster recovery small business grant – storms and floods August and September 2022 onwards (the ‘Program') under the Disaster Recovery Funding Arrangements. Under the Program, the NSW Government is providing assistance of up to a maximum of $50,000 to financially support Small Businesses (including sole traders) and Not-for-Profit Organisations that have been directly impacted by the severe weather and flooding recorded in AGRN 1030 from 4 August 2022 onwards or in AGRN 1034 from 14 September 2022 onwards (the ‘Eligible Disaster’).

1.2 The payment is intended for owners of Small Businesses and Not-for-Profit Organisations to help pay for the costs of clean-up and Reinstatement where they have suffered Direct Damage as a result of the Eligible Disaster. To receive payments under the Program, a Small Business or Not-for-Profit Organisation must satisfy a number of eligibility criteria as set out at clauses 3.3, 3.4, 3.5, 3.6 and 3.7 (where applicable).

1.3 Payments made under the Program will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 ('GSF Act'). The conditions as set out in clause 4.1, are conditions that will be imposed by the Minister for the Department of Customer Service (DCS) or his delegate on the making of the payment(s) under section 5.7(2) of the GSF Act. If any of the conditions in clause 4.1 are contravened, the payment(s) may be recovered from the recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.

1.4 Applications under the Program are open until 15 December 2023.

1.5 By applying to receive a payment(s) under the Program, Small Businesses and Not-for-Profit Organisations agree to be bound by these Terms and Conditions.

1.6 Additional information about the type of documentation and evidence required to apply for payments under the Program is available on the Service NSW website.

2. Definitions and interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires:

ABN means an Australian Business Number.

AGRN means Australian Government reference number

Administrating Agency means the Agency/Department/body responsible for assessing and administrating the applications for the Program.

Applicant means a person who makes an application under the Program and is:

(a) an owner of the small business or a person authorised to apply on their behalf; or

(b) a person authorised to apply on behalf of a not-for-profit organisation.

Charitable Business means a business that does not operate to make a profit) or body corporate under the Body Corporate and Community Management Act 1997.

DCS means the Crown in the right of the State of NSW acting through the Department of Customer Service.

Defined Disaster Area means the Local Government Areas (‘LGAs’) listed in the 'Financial year 2022-23' table in respect of AGRN #1030 and/or AGRN #1034.

More details for AGRN #1030 and AGRN #1034 are available in Appendix A.

Note: The impacted LGAs are subject to change. Guidelines will be updated to recognise the additional LGAs as they are defined. Refer to the table on the NSW Government ‘Natural disaster declarations’ website.

Direct Damage means a direct and material impact of the Eligible Disaster on business assets or equipment.

Disaster Recovery Funding Arrangements means the funding arrangements as agreed between the Commonwealth and the State for providing financial assistance to communities affected by an Eligible Disaster (available on the Australian Government Disaster Assist Website).

Eligible Disaster means severe weather and flooding:

(a) from 4 August 2022 onwards within the Defined Disaster Area as set out in AGRN #1030; or
(b) from 14 September 2022 onwards within the Defined Disaster Area as set out in AGRN #1034.

Eligible Expenses means costs and anticipated costs (where relevant) that Small Businesses and Not-for-Profit Organisations have incurred or will incur (where relevant) as a result of Direct Damage. Eligible Expenses are to help pay costs associated with clean up and Reinstatement, and can include (but are not limited to) the following:

(a) engagement of tradesperson to conduct a safety inspection of damage to a property, premises, or equipment;

(b) purchasing, hiring or leasing equipment or materials to clean a property, premises, or equipment;

(c) purchasing, hiring or leasing equipment or materials to reinstate damaged materials or equipment that are essential for immediately resuming operation of the Small Business or Not-for-Profit Organisation;

(d) employing a person to clean a property, premises or equipment if:

• (i) the cost would not ordinarily have been incurred in the absence of the Eligible Disaster; or
• (ii) the cost exceeds the costs of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the Eligible Disaster as evidenced by a comparison of employee payroll and roster information before and after the Eligible Disaster;

(e) removing and disposing of debris or damaged materials;

(f) removing and disposing of spoiled goods and stock due to power outage;

(g) repairing a building, or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of the Small Business or Not-for-Profit Organisation. If the repair or replacement is claimed by a Home-based Business, funds may only be used for the portion of damage to the building or fixtures that is:

• (i) owned by the Small Business or Not-for-Profit Organisation, evidenced by a title search and/or Certificate of Title; and
• (ii) used predominantly for business activities, evidenced by financial records, photos, video evidence or a statutory declaration.

(h) any of the following:

• (i) replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the Small Business or Not-for-Profit Organisation. The eligible claim amount is the market value of the damaged stock or equipment at the time of the Eligible Disaster;
• (ii) replacing or repair of motor vehicles. The vehicle must be registered for business use and must be essential for Reinstatement of the Small Business or Not-for-Profit Organisation. The eligible claim amount is the market value of the motor vehicle at the time of the Eligible Disaster; or
• leasing temporary premises within the Defined Disaster Area for the purpose of resuming operation of the Small Business or Not-for-Profit Organisation up to a maximum period of 12 months from the date of the Eligible Disaster. For the avoidance of doubt the Small Business may remain in the temporary premises after 12 months where: 
  • a. the Primary Premises are unable to be repaired using reasonable endeavours, and/or
  • b. the location of the temporary premises is more flood resilient compared to the Primary Premises location, and/or
  • c. the costs to move back to the Primary Premises are unreasonable, although, the funds may not be used to pay for leasing costs after the initial 12-month period.

Note: Home-based businesses cannot claim the costs for leasing temporary business premises.

Eligible Separate Business means a Small Business that shares an ABN with one or more eligible Small Businesses for the purpose of the Program, that would be commercially viable and autonomous if separated from each eligible Small Business under the same ABN.

Employee Headcount means the number of persons who are employed in New South Wales by the Small Business or Not-for-Profit Organisation and who are permanent (full-time or part-time), or casual staff that have been employed by the Small Business or Not-for-Profit Organisation for more than 12 months.

Evidence of Payment means any of the following:

(a) an invoice including the name, address and ABN (if applicable) of the entity that issued the invoice and a description of each item to which the invoice relates and is clearly identifiable as being related to expenditure on Eligible Expenses

(b) a receipt including the name and address and ABN (if applicable) of the entity that issued the receipt and a description of each item to which the receipt relates

(c) a copy of the Small Business’s or Not-for-Profit Organisation’s bank transfer and/or bank statement.

Farm Enterprise means the business of producing crops, livestock, forestry for the commercial production of products for consumers, or any activity listed in Division A of the Australian New Zealand Standard Industrial Classification 2006 (ANZSIC) 1292.0 (Revision 2.0) published by the Australian Bureau of Statistics.

Full-time Employment means an individual who ordinarily works for at least 35 hours each week for the Small Business or Not-for-Profit Organisation.

GSF Act means the Government Sector Finance Act 2018 (NSW).

Home-based Business means a Small Business that operates from residential premises. For the purpose of this Program, the Small Business must be the registered proprietor of the residential premises.

Not-for-Profit Organisation means an entity whose principal objective is not the generation of profit. A Not-for-Profit Organisation can be a single entity or a group of entities comprising the parent entity and each of the entities that it controls.

Previous Business Program means:

(a) the October 2021 to January 2022 Storm and Flood Disaster Recovery Small Business Grant; 

(b) the February and March 2022 Storm and Flood Disaster Recovery Small Business Grant; 

(c) the June and July 2022 Storm and Flood Disaster Recovery Small Business Grant;
 
(d) the Northern Rivers Medium Size Business Grant; and 

(e) any other relevant disaster/flood program.  

Primary Premises means the premises the Small Business or Not-for-Profit Organisation was operating from at the time of the Defined Disaster.

Program means the Program described in clause 1 of these Terms and Conditions.

Program Guidelines refers to the guidelines for Small Business owners and Not-for-Profit Organisations making an application under the Program available on the Service NSW website.

Public Company has the meaning given to it in the Corporations Act 2001 (Cth).

Reinstatement means the carrying out of activities that are necessary to help the Small Business or Not-for-Profit Organisation continue or resume production at a similar level as before the Eligible Disaster.

NSW Reconstruction Authority means the Crown in the right of the State of NSW acting through NSW Reconstruction Authority.

Service NSW means the Crown in the right of the State of NSW acting through Service NSW.

Small Business is a business, that:

(a) holds an active Australian Business Number (ABN); and

(b) is structured as a company, joint venture, partnership, trust or as a sole trader; and

(c) employs exactly or fewer than 20 full-time equivalent employees. That is the sum total of all standard hours worked by all employees (whether full-time or part-time) is less than the number of standard hours which would be worked by 20 full-time employees, as defined by the Australian Bureau of Statistics; and

A Small Business does not include the following:

(i) a public company

(ii) a Charitable business as defined in the Charities Act 2013 (Cth)

(iii) a body corporate under the Body Corporate and Community Management Act 1997

(iv) a farm enterprise

(v) a superannuation fund: or

(vi) a personal vehicle.

Terms and Conditions means these Terms and Conditions for participation in the Program.

We or us means one or more of Service NSW, DCS and/or NSW Reconstruction Authority (as the case requires).

2.2. Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to a ‘person’ includes a natural person, company, body corporate or other form of legal entity, and reference to ‘including’ and ‘includes’ and ‘for example’ is to read as if followed by ‘without limitation’.

2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

3. Application to receive a payment under the Program

3.1 A Small Business or Not-for-Profit Organisation can apply for a payment under the Program via the MyServiceNSW Business Profile within the MyServiceNSW Account. An application may be made by:

(a) an owner of the Small Business or a person authorised to apply on their behalf; or

(b) a person authorised to apply on behalf of a Not-for-Profit Organisation.

Available funding

3.2 An Applicant may apply for a single payment of $50,000 or multiple payments up to a total of $50,000.

Eligibility

Small business

3.3 A Small Business (other than a Small Business structured as a sole trader) may be eligible for a payment under the Program if:

(a) it employs exactly or fewer than 20 full-time employees (or equivalent); and

(b) holds an active Australian Business Number (ABN) registered in New South Wales, or can demonstrate they are primarily operating in New South Wales within the Defined Disaster Area at the time of the Eligible Disaster; and

(c) the business is located in the Defined Disaster Area for the Eligible Disaster or is located outside the Defined Disaster Area for the Eligible Disaster but operates part-time or on some regular basis within the Defined Disaster Area; and 

(d) has suffered Direct Damage as a result of the Eligible Disaster; and

(e) it is primarily responsible for meeting the costs claimed in the application, and

(f) is intending to re-establish the Small Business in the Defined Disaster Area for the Eligible Disaster.

Not-for-Profit organisation

3.4 A Not-for-Profit Organisation may be eligible for a payment under the Program if it is:

(a) a legitimate not-for-profit organisation; and

(b) registered as follows;

• (i) with Australian Charities and Not-for-Profits Commission (ACNC) or an equivalent State regulatory body and has held that registration at the time of the Eligible Disaster; or
• (ii) as an incorporated association or co-operative with Fair Trading NSW; or
• (iii) deemed to be a not-for-profit organisation in accordance with the current Australian Accounting Standards Board (AASB); and

(c) located in the Defined Disaster Area for the Eligible Disaster or is located outside the Defined Disaster Area for the Eligible Disaster but operates part-time or on some regular basis within the Defined Disaster Area; and

(d) has suffered Direct Damage as a result of the Eligible Disaster; and

(e) primarily responsible for meeting the costs claimed in the application; and

(f) intending to re-establish the not-for-profit organisation in the Defined Disaster Area for the Eligible Disaster.

Sole Trader

3.5 A Small Business structured as a sole trader may be eligible for a payment under the Program if the sole trader derives the majority of their income from the Small Business, the eligibility criteria in clause 3.3 (b) - (f) are met. Where a sole trader does not derive a majority of their income from the Small Business, the Small Business may still be eligible for a payment under the Program if it can satisfy the Administrating Agency that the sole trader:

(a) derived the majority of their income from the Small Business immediately before the Eligible Disaster; and

(b) would have continued to derive the majority of their income from the Small Business had the Eligible Disaster not occurred.

Eligible Separate Business Criteria

3.6 Applicants who operate more than one Small Business under a single ABN may apply for assistance for each Eligible Separate Business up to the maximum amount of $50,000.

3.7 When determining an application for Eligible Separate Businesses, the following may be considered (in addition to any other matters that Service NSW/NSW Reconstruction Authority consider relevant):

(a) staffing arrangements;

(b) whether the Eligible Separate Business has its own plant, equipment or stock;

(c) accounting and insurance arrangements;

(d) whether the Eligible Separate Business operates under their own trading name; 

(e) the commercial viability and autonomy of each business.

3.8 A Small Business or Not-for-Profit Organisation is not eligible to apply to receive payment under the Program if it:

(a) has received funding or assistance from any other government source or program or donation, where such funding or assistance was provided for the purpose of meeting the same costs being claimed in the application for payment under the Program;

(b) is entitled to make a claim under an insurance policy or has received or is entitled to receive payment under an insurance policy, for the expenses listed in the application;

(c) has previously received a payment under this Program or under a previous Program or Scheme, and:

• (i) Service NSW, DCS and/or NSW Reconstruction Authority (or another Government Agency in relation to this Program or a previous Program or Scheme) have sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to s. 5.7(3) of the GSF Act or otherwise, and
• (ii) the amount sought has not been repaid.

(d) A Small business or Not-for-Profit organisation may not apply, and an application will not be approved, for payment for:

• (i) loss of income caused by the Eligible Disaster; and
• (ii) repairs to a building that the Small Business or Not-for-Profit Organisation lets to a person for residential or commercial purposes, unless they let the property in the course of operating the Small Business or Not-for-Profit Organisation as evidenced by a Private Ruling issued by the ATO or an accountant’s letter.

3.9 A Small Business or Not-for-Profit Organisation may apply for a payment under the Program if they have applied for a payment under a Previous Business Program. administered by Service NSW. 

3.10 For the avoidance of doubt, a payment for damage caused by any other disaster, other than the Eligible Disaster, cannot be applied for under this Program. 

Evidence Requirements

3.11 An initial claim of up to $25,000 must include:

(a) a list of the Direct Damage; and

(b) photographic evidence of the Direct Damage.

3.12 In circumstances where the Direct Damage is unable to be photographed or other information (such as receipts) is not available, the Applicant may provide other appropriate evidence to prove financial impact.  The appropriateness of this information will be considered by Service NSW, who may require that the Small Business or Not-for-Profit Organisation provide further information to establish eligibility.

3.13 Where an Applicant is applying for a payment greater than $25,000, the application must include Evidence of Payment at the time of application (including evidence for the first $25,000 where the Applicant is making an additional application).

3.14 The Applicant must provide any further information or evidence that is requested by Service NSW, DCS or NSW Reconstruction Authority to support the application unless such evidence has been provided previously. This may include evidence that helps to distinguish the Applicant’s application from previous applications or payments made under a Previous Business Program.

3.15 Notwithstanding any other provisions in these Terms and Conditions, Service NSW and DCS may determine that a Small Business or Not-for-Profit Organisation is eligible for a payment under the Program.  Any such Small Business or Not-for-Profit Organisation that receives a payment under this Program must comply with these Terms and Conditions, except to the extent that any dispensation has expressly been given by Service NSW, DCS and/or NSW Reconstruction Authority.

3.16 Information provided by an Applicant in the application or otherwise in accordance with these Terms and Conditions must be true and correct.  It is a serious offence to provide false or misleading information to a public authority, pursuant to the Crimes Act 1990 (NSW).

4. Conditions for Payment under the Program

4.1 All payments to Small Businesses or Not-for-Profit Organisations under the Program, are made on the condition that:

(a) the Small Business or Not-for-Profit Organisation meets the eligibility criteria set out in clauses 3.3, 3.4, 3.5, 3.6 and 3.7 (where applicable) and is not ineligible for any of the reasons in clause 3.8 and 3.10, at the time when an application for payment is made;

(b) the application for payment complies with the requirements as set out in clauses 3.1, 3.2 3.6, 3.11 (and where applicable, clause 3.13) and 3.15;

(c) the payment will only be used for Eligible Expenses of the Small Business or Not-for-Profit Organisation relating to the Eligible Disaster;

(d) the Small Business or Not-for-Profit Organisation complies with the relevant law at all times; and

(e) the application is made before 15 December 2023, or as otherwise advised by announcement.

4.2 By applying to receive a payment under the Program, a Small Business or Not-for-Profit Organisation consents to the following:

(a) Service NSW and/or NSW Reconstruction Authority conducting a site visit of the affected Small Business or Not-for-Profit Organisation which is the subject of the application, for the purposes of assessing damage and eligibility for payment(s) under the Program; and

(b) Service NSW, DCS and/or NSW Reconstruction Authority disclosing information, including personal information, provided by the small business or not-for-profit organisation to each other for the purposes of administering, reporting on, and evaluating the Program, and for the purposes of providing follow-up support to Applicants; and

(c) Service NSW, DCS, NSW Reconstruction Authority and/or NSW Treasury (Small Business Commission & Business Connect team), or any other government agency contacting the Small Business or Not-for-Profit Organisation after receiving a payment under the Program, for the purposes of administering, reporting on, and evaluating the Program and providing follow-up support to Applicants; and

(d) for Service NSW, DCS or NSW Reconstruction Authority to contact the Small Business’s or Not-for-Profit Organisation’s insurance company to confirm or verify entitlements or the outcome of any claims made in relation to the Eligible Disaster; and

(e) with respect to the Australian Taxation Office (ATO), for Service NSW, DCS and/or NSW Reconstruction Authority to:

• (i) disclose any information, including personal information to the ATO to request information or to conduct auditing and compliance to confirm that the relevant eligibility criteria and Terms and Conditions have been met; and/or
• (ii) where Service NSW, DCS or NSW Reconstruction Authority suspect a case of fraud, other criminal activity, or any type of unsatisfactory professional conduct or misconduct, to report the matter to the ATO; or 
• (iii) where Service NSW, DCS and/or NSW Reconstruction Authority have conducted an investigation in response to information provided by the ATO, to share the results of that investigation with the ATO.

(f) Any regulatory, professional or industry body if Service NSW/DCS and/or NSW Reconstruction Authority reasonably suspect suspects a case of unsatisfactory professional conduct or any other type of misconduct, including, but not limited to:

• (i) the Tax Practitioners Board
• (ii) CPA Australia
• (iii) Chartered Accountants Australia and New Zealand
• (iv) the Australian Securities and Investments Commission
• (v) the Australian Competition and Consumer Commission
• (vi)The Law Society of NSW.

(g) Service NSW, DCS and/or NSW Reconstruction Authority may disclose information in an application to the Australian Transactions Reports and Analysis Centre (AUSTRAC), if Service NSW, DCS and/or NSW Reconstruction Authority reasonably suspects a case of fraud or other financial crime or has conducted an investigation in response to information provided by AUSTRAC and is sharing the results of that investigation with AUSTRAC.

4.3 A Small Business or Not-for-Profit Organisation must take all reasonable steps to ensure that the conditions in clauses 4.1 are or have been satisfied at all relevant times.

4.4 Upon submission of an application, a Small Business or Not-for-Profit Organisation declares that:

(a) to the best of its knowledge, the conditions in clause 4.1 are or have been satisfied at all relevant times; and

(b) it took and will take all reasonable steps to ensure that the conditions in clause 4.1 are satisfied.

4.5 Notwithstanding any other provision in these Terms and Conditions, DCS, Service NSW and/or NSW Reconstruction Authority may take civil and/or criminal action (where appropriate), including referral to NSW Police, where DCS, Service NSW and/or NSW Reconstruction Authority reasonably suspect that the Small Business or Not-for-Profit Organisation has failed to comply with the law or these Terms and Conditions.

4.6 A Small Business or Not-for-Profit Organisation must notify Service NSW immediately if the Small Business or Not-for-Profit Organisation ceases to trade, can no longer meet the eligibility requirements in clause 3 (where applicable), or can no longer comply with these Terms and Conditions.

4.7 A Small Business or Not-for-Profit Organisation must retain for 5 years all tax invoices, official receipts, bank statements, quotations or other similar records that demonstrate how payments made under the Program have been applied by the Small Business or Not-for-Profit Organisation.

4.8 A Small Business or Not-for-Profit Organisation be audited or investigated by Service NSW, DCS, NSW Reconstruction Authority and/or the Commonwealth to determine whether it is complying with these Terms and Conditions. A Small Business or Not-for-Profit Organisation must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

5. Payments

5.1 Once an application has been approved, a payment to the Small Business or Not-for-Profit Organisation under the Program will be credited to the nominated bank account identified in the application.

5.2 Payments made in accordance with clause 5.1 will be made as act of grace payments under section 5.7(1) of the GSF Act.

6. Recovery of payments

6.1 If a Small Business or Not-for-Profit Organisation has received a payment under the Program, and DCS, Service NSW and/or NSW Reconstruction Authority is satisfied that the conditions as set out in clause 4.1 were, or have been, contravened, the payment or part of the payment may be recovered from the Small Business or Not-for-Profit Organisation by the Crown in a court of competent jurisdiction as debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.

7. Suspension, variation or termination of the Program

7.1 Notwithstanding any other provision of these Terms and Conditions, Service NSW, DCS and/or NSW Reconstruction Authority reserve the right, at any time, to:

(a) suspend or terminate the entirety or any part of the Program;

(b) refuse to approve an application for payment under the Program for any reason and at the sole discretion of Service NSW, DCS and/or NSW Reconstruction Authority;

(c) vary the Program Guidelines, these Terms and Conditions and the process for application;

(d) suspend the operation of, or close, the application process;

(e) alter or change the opening and closing date for applications; or

(f) reduce or extend the application period.

7.2 Any changes to the Program Guidelines, these Terms and Conditions or action taken to suspend or end the Program will be notified on the Service NSW website.

8. Limitation of liability

8.1 To the extent permitted by law, Service NSW, DCS, and/or NSW Reconstruction Authority (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a Small Business or Not-for-Profit Organisation or any person arising directly or indirectly out of or in any way connected with the Program, including:

(a) any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable;

(b) the fraudulent application for payments made under the Program;

(c) any breach of these Terms and Conditions, and/or

(d) any decision to suspend or terminate the entirety or any part of the Program.

9. Indemnity

9.1 A Small Business or Not-for-Profit Organisation agrees to indemnify and keep indemnified Service NSW, DCS, and/or NSW Reconstruction Authority (including their officers, employees and agents) (“those indemnified”) from and against any liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with the Small Business’s or Not-for-Profit Organisation’s application for payment under the Program.

10. Contact

10.1 Any enquiry or complaint is to be directed to Service NSW by calling 13 77 88.

11. General

11.1 Small Businesses and Not-for-Profit Organisations are responsible for obtaining their own independent legal and financial advice, including taxation advice, regarding these Terms and Conditions.

11.2 Where Service NSW, DCS and/or NSW Reconstruction Authority issue a notice to the email address provided by an applicant, the notice will be deemed to have been received by the Small Business or Not-for-Profit Organisation, immediately upon receipt of electronic transmission confirmation.

12. Variation

12.1 Service NSW, DCS and/or NSW Reconstruction Authority reserve the right to amend, vary, delete or supplement these Terms and Conditions at any time.

12.2 These Terms and Conditions as amended, varied, deleted or supplemented from time to time, apply to the future version of, or update to, the IT system that supports the delivery of the Program.

13. Waiver

13.1 Failure by Service NSW, DCS and/or NSW Reconstruction Authority to enforce any of their rights at any stage, does not constitute a waiver of those rights.

13.2 No rights under these Terms and Conditions will be waived except by notice in writing signed by Service NSW, DCS and/or NSW Reconstruction Authority and the applicant.

14. Severability

14.1 If any term in these Terms and Conditions is prohibited, void, illegal or unenforceable for any reason whatsoever, then that part is severed from the Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.

15. Governing Law

15.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws of NSW. A Small Business, Not-for-Profit Organisation, Service NSW and NSW Reconstruction Authority, submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.

16. Survival

16.1 Clauses 6, 8 and 9 contain continuing obligations and will survive termination of these Terms and Conditions.

Appendix A