Active and Creative Kids voucher program – Terms and Conditions for Registered Providers

These Terms and Conditions relate to the Active and Creative Kids voucher program.

1. Application and acceptance of Terms and Conditions

1.1  Service NSW and the Department of Customer Service (“DCS”), on behalf of the NSW Government, are delivering the Active and Creative Kids Voucher Program (“the Program”).

1.2  The purpose of the Program is to:

(a)  assist low-to-middle-income families meet the costs of accessing sport and recreational and/or creative and cultural activities; 

(b)  encourage school-aged children from low-to-middle-income families to participate in sport and recreational and/or creative and cultural activities; and

(c)  support the wellbeing of school-aged children from low to middle income families.

1.3  The Program supports low-to-middle-income families with school-aged children by providing two $50 Vouchers per child per calendar year, one Voucher in term 1 and one Voucher in term 3, which can be used for Eligible Activities at Registered Providers in accordance with these Terms and Conditions.

1.4  A Registered Provider that accepts a Voucher may receive reimbursement from Service NSW for the amount used by the Customer for Eligible Activities up to the value of the Voucher in accordance with these Terms and Conditions.

1.5  By applying to register to participate in the Program, a Provider agrees with the NSW Government to be bound by these Terms and Conditions. A reference to “Provider” in this clause 1.5 includes a business or Not-for-profit Organisation that has applied for registration to participate in the Program, a Registered Provider, and a Provider that has had its registration cancelled or suspended.

2. Definitions and interpretation

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

ABN means Australian Business Number.

Activity-linked Material means material that is incidental to and used as part of an Eligible Activity, where the materials are borrowed or used for the purpose of the Eligible Activity. For example, a canvas painting, where the activity involves developing a final artwork.

ANZSIC Code means an Australian and New Zealand Standard Industrial Classification code.

Approved Insurer means a "general insurer" within the meaning of the Insurance Act 1973 (Cth).

AustSwim means the Australian national organisation committed to teaching swimming and water safety.

Authorised Representative means a person authorised by a Provider to apply to register for the Program and/or to act on behalf of the Provider in relation to the Program.

Business Profile means the online portal provided by Service NSW for businesses.

Certificate of Currency means a document issued by an insurer that confirms the insured party holds a valid insurance policy.

Child Safe e-Learning Module means the online training program designed to educate individuals, organisations and institutions that work with children on how to create safe and supportive environments for children, accessible on the Office of the Children’s Guardian website (or the jurisdictional equivalent for Providers outside of NSW approved by Service NSW in accordance with clause 3.2 of these Terms and Conditions).

Child Safe Standards means the standards stipulated by the Office of the Children’s Guardian, which are accessible on the Office of the Children’s Guardian website (or the jurisdictional equivalent for Providers outside of New South Wales approved by Service NSW in accordance with clause 3.2 of these Terms and Conditions).

a Creative Activity:

(a)  means an activity that provides participants with an opportunity to participate in creative, arts, or cultural programs allowing the participant to acquire creative knowledge and develop skills using creative techniques, including performances/exhibitions that have an interactive workshop or masterclass component and/or Cultural Experiences, and

(b)  includes the following activities: Aboriginal cultural knowledge programs, advertising, architecture, augmented/virtual reality, choreography, circus arts, coding, craft, creative writing, dance, design, drama, drawing, fashion design, game design, graphic design, industrial design, languages, media arts, multimedia, music, visual arts, painting, photography, poetry, printmaking, public art, public speaking, publishing, puppetry, radio, robotics, screen, sculpture, singing, sketching, slam poetry, spoken word, and/or theatre.

Cultural Experience means a Creative Activity that involves activities that embody a particular nation, culture or community.

Customer means the parent, carer or guardian of an Eligible School-Aged Child, who is the applicant for a Voucher or an Eligible School-Aged Child who is the applicant for a Voucher on their own behalf.

Department of Customer Service or DCS means the Crown in right of the State of New South Wales acting through the Department of Customer Service.

Eligible Activity means either a Creative Activity or a Physical Activity which: 

(a)  is offered privately or in a group, and

(b)  is provided to school-aged children as part of a structured, supervised program of activity, and

(c)  is in person and face-to-face, and

(d)  comprises a structured component if it is part of a membership-fee-based program, and

(e)  involves the provision of either no material or of Activity-linked Material only, and

(f)  is expressly listed in the definition of “Creative Activity” or in the definition of “Physical Activity” or is otherwise expressly approved by Service NSW in writing in accordance with clause 3.3 of these Terms and Conditions.

Eligible School-Aged Child means a child who is a NSW resident, aged between 4.5 years and 18 years old, and under the care of a parent, guardian or carer receiving Family Tax Benefit Part A, or Family Tax Benefit Part B, or both Family Tax Benefit Part A and Family Tax Benefit Part B.

Family Tax Benefit Part A means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible families with dependent children.

Family Tax Benefit Part B means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible single-parent or one-income families with dependent children.

Ineligible Activity includes:

(a)  an activity offered by a School,

(b)  travel associated with an Eligible Activity,

(c)  items, equipment or materials that would usually be purchased from a retailer and paid for as part of participating in an activity, except where the item, equipment or material is an Activity-Linked Material,

(d)  an examination or assessment for a qualification,

(e)  one of the following activities: School care services (including before and after minding services), academic tutoring (involving educational assistance to students the main purpose of which is to help students improve their understanding of academic subjects), cookery classes, games and gaming (such as board games and digital games), gardening, or School activities (including weekend and inter-School activities),

(f)  one of the following items: jerseys, socks, boots, art kits, craft kits, paints, books, stationery, canvases, clothing, uniforms, leotards, or instruments,

(g)  activities that are not contemplated by paragraphs (a) to (f) of this definition, but are otherwise determined by Service NSW to be ineligible, either in accordance with clause 3.3 of these Terms and Conditions or otherwise.

Not-for-profit Organisation means an organisation that does not operate for the profit, personal gain or other benefit of particular people.

NSW Government means the Crown in right of the State of New South Wales acting through its various emanations, including Service NSW and/or the Department of Customer Service, as the case requires.

Office of Sport means the NSW Government agency established for the purposes of developing and implementing policies, programs and initiatives regarding sports.

Office of the Children’s Guardian means the independent statutory authority within NSW that works to protect the safety of children by supporting and regulating Child Safe organisations, among other things (or the jurisdictional equivalent for Providers outside of New South Wales approved in accordance with clause 3.2 of these Terms and Conditions).

a Physical Activity:

(a)  means an activity where the primary purpose is to assist School-aged children to participate in sport or active recreation activities and that requires participants to engage in:

(i)  moderate to vigorous physical activity, or

(ii)  a sport that is represented by a State Sporting Organisation (or jurisdictional equivalent for Providers outside of New South Wales approved in accordance with clause 3.2 of these Terms and Conditions), and

(b)  includes the following activities: aerobic dance, Australian rules football, archery, athletics (track and field), badminton, baseball, basketball, biathlon, billiards/snooker,  boccia, bowls, boxing, canoeing, cricket, croquet, cycling, darts, disability sports, diving, dragon boating, equestrian sports, fencing, flying disc sports, football (soccer), golf, gridiron (American football), gymnastics (including rhythmic gymnastics), handball, hockey, ice hockey, ice racing, lacrosse, martial arts, mixed martial arts, motor sports, mountain biking, netball, paddle boarding, parkour, polo, rowing, rugby league, rugby union, sailing, shooting, skating, softball, sport climbing, snow sports, squash, surfing, surf lifesaving, swimming, table tennis, tenpin bowling, tennis, touch football, triathlon, volleyball, water sports, weightlifting, wheelchair sports, wrestling, and/or yoga.

Program means the Active and Creative Kids Voucher Program.

Program Structure means a document which sets out details about a Provider’s Eligible Activity/ies, fee structure/s, outcomes, and timetable/s.

Provider means a business or Not-for-profit Organisation that offers Eligible Activities.

Registered Provider means a Provider registered by Service NSW to participate in the Program and whose registration has not been suspended or cancelled.

Royal Life Saving means the organisation dedicated to the teaching of lifesaving and the prevention of drowning in Australia.

School means a place or institution for teaching and learning defined by any of the following ANZSIC Codes:

(a)  8010 Preschool Education;

(b)  8021 Primary Education;

(c)  8022 Secondary Education;

(d)  8023 Combined Primary and Secondary Education;

(e)  8024 Special School Education; and

(f)  8101 Technical and Vocational Education and Training.

SCTA means Swim Coaches and Teachers Australia, the peak body for swimming coaches, teachers and swim schools in Australia.

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

State Sporting Organisation means an official sporting entity recognised as such by the Office of Sport. See a list of the State Sporting Organisations.

Swimming Australia is the peak governing body for swimming with nearly 1,000 clubs and 90,000 registered members nationally.

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

Voucher means a $50 voucher issued to a Customer pursuant to the Program.

Working With Children Check is defined as the authorisation given to an individual engaged in child-related work and is as stipulated by the Child Protection (Working With Children) Act 2012.

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

(a)  the singular includes the plural and vice versa,

(b)  reference to a gender includes all genders,

(c)  reference to “person” includes a natural person, company, body corporate or other form of legal entity,

(d)  reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”,

(e)  a reference to a NSW Government body or entity which has ceased to exist or has been replaced, reconstituted, amalgamated or merged, or other functions of which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place by which its said functions have become exercisable;

(f)  a reference to a statute, regulation, or other law (“Law”) will be deemed to extend to include a reference to all statutes, regulations, or other laws amending, consolidating or replacing that Law from time to time, and

(g)  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. Provider eligibility and conditions of registration

3.1  To be eligible to register and participate in the Program, a Provider must:

(a)  be a legal entity,

(b)  operate in New South Wales,

(c) have a valid and active ABN (providers who are sporting organisations and part of an SSO),

(d)  not be bankrupt or insolvent, or currently subject to bankruptcy proceedings or any form of insolvency administration,

(e)  not be the subject of proceedings or investigations by the NSW Police Force, any other police force, or any other law enforcement agency,

(f)  offer an Eligible Activity (however, for the avoidance of doubt, Providers that offer both Eligible Activities and Ineligible Activities may still be eligible for the Program, provided that Vouchers can only be redeemed by Customers to pay for Eligible Activities),

(g)  be classified under one of the following ANZSIC Codes, or another ANZSIC Code relevant to the provision of Eligible Activities, on the Australian Business Register:

(h) be appropriately skilled and experienced and hold the right type of accreditation and qualifications for, and all legally required licences for the conduct of, all Eligible Activities they provide,

(i) have and maintain insurance policies with an Approved Insurer appropriate to the type and level of risk of the Eligible Activities being delivered and hold a relevant Certificate of Currency for each policy for the duration of their participation in the Program. The Provider must provide to Service NSW, upon registering, evidence that this requirement has been met,

(j)  comply with the following rules regarding Working with Children Check clearances:

(i) if the Provider is a sole trader who does not have any employees, volunteers or contractors – the Provider must have, and maintain for the duration of their involvement in the Program, a current Working with Children Check clearance.

(ii) if the Provider has employees (including Providers who are self employed individuals), volunteers and/or contractors – the Provider must require all of the Provider’s employees, volunteers and contractors engaged in providing any Eligible Activity to have, and maintain for the duration of their involvement in the Program, current Working With Children Check clearances. 

For both subparagraphs (i) and (ii) – the Provider must provide to Service NSW, upon registering, evidence that this requirement has been met (for example, a business registration ID or an individual’s registration number),

(k)  have, and ensure all of the Provider’s staff, volunteers, and contractors engaged in providing any Eligible Activity have, completed the Office of the Children’s Guardian’s Child Safe eLearning Module, and the Provider must attest to this upon registering,

(l)  be able to demonstrate a commitment to the Office of the Children’s Guardian’s Child Safe Standards, and the Provider must attest to this upon registering,

(m) have at the time of registration, and be able to provide evidence on request by Service NSW of, relevant industry experience for the Eligible Activity or Eligible Activities they provide, as follows:

(i)  For swimming: an AustSwim, Swim Coaches and Teachers Australia (SCTA), Swimming Australia or Royal Life Saving licence/accreditation number for every staff member involved in delivering the Activity. Evidence of each of these licences/accreditations must be provided prior to registration.

(ii)  For Creative Activities: tertiary qualification, training, accreditation or industry recognition in a field relevant to the Eligible Activity. Evidence of these must be provided to Service NSW after registration.

(iii)  For Cultural Experiences: being a cultural elder or provider within the relevant culture that is recognised by the relevant community as having the appropriate cultural knowledge. Evidence of each of such qualifications or recognition must be provided to Service NSW after registration.

(iv)  For any other Eligible Activity: qualifications and/or experience relevant to the Eligible Activity. Evidence that demonstrates such qualifications or experience must be provided to Service NSW after registration.

(n)  provide, at the time of registration, a Program Structure, together with supporting evidence,

(o) supply at least two of the following forms of evidence to establish that the person applying on behalf of the Provider has a connection to the Provider and the legal identity of the Provider: 
(i) a utility bill in the name of the Provider,
(ii) a bank statement in the name of the Provider,
(iii) the most recent lodged income tax return in the name of the Provider, where applicable (Note, however, that Providers can choose to redact their Tax File Number),
(iv) a Business Activity Statement in the name of the Provider,
(v) an ABN registration certificate in the name of the Provider; or
(vi) an insurance policy or insurance certificate of currency, in the name of the Provider, and 

(p) Service NSW may in its absolute discretion request evidence of compliance with the industry experience requirements in clause 3.1(m) and/or the evidence requirements in clauses 3.1(i) to (k) or clauses 3.1(n) to 3.1(o) from a Provider at any time during or after registration and at any time during or after Program closure (for a period of up to 7 years after the last reimbursement payment is made to the Provider by the NSW Government), as part of compliance auditing.

3.2  Sporting, active, recreation, creative, arts or cultural organisations that do not meet all of the requirements in clause 3.1 but offer an Eligible Activity to Eligible School-Aged Children, may contact Service NSW to discuss whether they may be approved as a Registered Provider. For example, Providers located outside of New South Wales but within a border town may request approval. Service NSW reserves the right to determine any such application conditionally or unconditionally and in its absolute discretion, having regard to the Program’s underlying policy intent.

3.3  Registered Providers may make submissions for the inclusion of an activity that does not meet the requirements to be classified as an Eligible Activity in the Program by contacting Service NSW. For example, an online activity may be considered and approved by Service NSW as an Eligible Activity if it meets the physical or creative needs of children in rural or remote areas, or of children or Providers with a disability. Service NSW reserves the right to determine such applications conditionally or unconditionally, in its absolute discretion, having regard to the Program’s underlying policy intent. For the avoidance of doubt, such a determination may result in a proposed activity being determined to be either an Eligible Activity or an Ineligible Activity.

3.4  In order to participate in the Program, Providers must also:

(a)  be registered as a Provider through the Business Profile and must apply through the Business Profile, and

(b)  have a computer to accept Vouchers through the Business Profile or a smartphone or tablet to scan and accept Vouchers using the Service NSW Business mobile application. Service NSW will provide details of how to scan Vouchers to all Registered Providers.

3.5  A Provider may appoint an Authorised Representative to apply on their behalf to register for the Program and otherwise act on their behalf for the purposes of the Program. In order to act on behalf of a Provider, an Authorised Representative must provide Service NSW with signed proof of their authority to act on behalf of the Provider and an attestation that the Provider will comply with the Terms and Conditions.

3.6  By applying to register to participate in the Program, a Provider consents to Service NSW and DCS holding and disclosing personal information provided to them by the Provider to each other and to any other NSW Government agency or to any Australian Government agency for the purposes of administering or reporting on the Program or for compliance activities.

3.7  Notwithstanding any other provision in these Terms and Conditions, Service NSW:

(a)  may require additional information or clarification from a Provider applying for registration before determining whether the eligibility requirements in clauses 3.1 to 3.5 have been satisfied and whether to approve the application to register the Provider,

(b)  may seek any additional information or clarification about the Provider from any other public or private entity or person before determining whether the eligibility requirements in clauses 3.1 to 3.5 have been satisfied and whether to approve the application to register the Provider, and the Provider consents to the disclosure to those entities or persons for this purpose of any information it provides to the NSW Government in its application,

(c)  may at any time during the Program request evidence to verify whether a Registered Provider is providing an Eligible Activity in accordance with these Terms and Conditions, including by reviewing a Provider’s ANZSIC Code,

(d)  may refuse to register, or may suspend or cancel the registration of, a Provider for any reason in Service NSW’s absolute discretion, including if the Provider does not meet the eligibility requirements and conditions on registration in clauses 3.1 to 3.5 or fails to comply with these Terms and Conditions, or where the Provider does not provide sufficient information for Service NSW to determine if these Terms and Conditions are being or have been met,

(e)  reserves the right to refuse to make a payment reimbursing a Voucher if the Provider does not meet the eligibility requirements and conditions on registration in clauses 3.1 to 3.5 or fails to comply with these Terms and Conditions, or where the Provider does not provide sufficient information for Service NSW to determine if these Terms and Conditions are being or have been met.

3.8  Information given by a Provider, or by a Provider’s Authorised Representative, in its application for registration, 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. Penalties apply for providing false or misleading information. Where false or misleading information is provided, Service NSW may refer the matter to law enforcement.

4. Conditions of participation in the Program

4.1 A Registered Provider must:

(a)  comply with the Law at all times,

(b)  ensure that all information provided to Service NSW is true and correct,

(c)  supply the Provider’s financial institution account details for reimbursement by Service NSW,

(d)  accept all valid and unexpired Vouchers presented by Customers as payment for an Eligible Activity during the Registered Provider’s operating hours for the term of the Program,

(e)  not artificially inflate prices or “price gouge” as a result of or in connection with the Program or in connection with accepting any Vouchers,

(f)  notify Service NSW immediately if the Registered Provider can no longer meet the eligibility requirements in clause 3 of these Terms and Conditions or can no longer comply with any other Terms and Conditions,

(g)  if it ceases to trade or ceases to participate in the Program:

(i)  immediately notify Service NSW,

(ii)  immediately notify any Customers who have paid for Eligible Activities using one or more Vouchers but have not yet received those Eligible Activities, and

(iii)  as soon as possible, refund any Customers in full who have paid for Eligible Activities using one or more Vouchers but have not yet received those Eligible Activities.

4.2  Notwithstanding any other provision in these Terms and Conditions, Service NSW may cancel or suspend a Registered Provider’s registration for any reason, including if the business:

(a)  ceases to meet the eligibility requirements or conditions on registration in clause 3,

(b)  provides any false or misleading information,

(c)  engages in illegal, fraudulent, misleading or deceptive conduct in connection with the Program, or

(d)  fails to comply with or satisfy any of these Terms or Conditions.

5. Processing Voucher transactions

5.1  To enable Customers to redeem Vouchers, a Registered Provider may:

(a)  accept Vouchers through the Business Profile on a computer, or through the Service NSW Business mobile application on devices registered in the Provider’s Business Profile,

(b)  register more than one scanning device,

(c)  register or deregister scanning devices from inside their Business Profile,

(d) either scan the Customer’s Voucher QR code or enter the accompanying serial number to redeem the Voucher in the Service NSW Business mobile application, or enter the accompanying serial number to redeem the Voucher through the Business Profile.

5.2  A Registered Provider must:

(a)  set up Voucher registration with Service NSW prior to accepting any Vouchers from Customers,

(b)  allow payment by at least two different payment methods, for example, a Voucher and another payment method, if a Customer’s bill is more than the Voucher amount,

(c)   ensure Vouchers are only used to contribute to the cost of Eligible Activities,

(d)  not accept any Voucher as a donation, gift or ‘tip’,

(e)  not exchange any Voucher for a gift card, gift voucher, credit note, or cash,

(f)  not artificially inflate prices or “price gouge” when accepting Vouchers or promoting Eligible Activities. If Service NSW suspects a Registered Provider is engaging in such practices, it may investigate, suspend, or deregister the Provider from the Program without investigation, in its absolute discretion, and

(g)  where an Eligible Activity has been pre-purchased, and the Registered Provider is unable to fulfil the terms of that arrangement, the Provider must allow the Customer to use the value of the Voucher provided to pay for the cost of another Eligible Activity before the Program ends.

5.3  A Registered Provider may accept Vouchers subject to the following conditions:

(a)  a Voucher amount is fixed,

(b)  Vouchers are in the form of a QR code either displayed in the Customer’s Service NSW mobile application or an email. A unique alphanumeric voucher code is also issued which can be entered manually by the Registered Provider if required.

(c)  Vouchers must not be accepted after the expiry date printed on them,

(d)  a term 1 Voucher and a term 3 Voucher may be combined and used together in a single transaction provided none of the Vouchers has expired,

(e)  Vouchers must only be used to contribute towards Eligible Activities and cannot be used for an Ineligible Activity,

(f)  Vouchers cannot be reloaded or topped up,

(g)  Vouchers must not be redeemed more than once. If a transaction is less than the total value of the Voucher, the remaining balance is forfeited and cannot be used in another transaction by the Customer or reimbursed to the Registered Provider by Service NSW. For example, if the transaction is $46.50, the remaining $3.50 is forfeited,

(h)  Vouchers may be used in conjunction with other discounts, at the discretion of the Registered Provider,

(i)  Vouchers may only be used at the time of payment (or at the time of pre-payment for an Eligible Activity where pre-payment is permitted in accordance with clause 6.6) for an Eligible Activity. For example, a Voucher should not be requested or accepted by a Registered Provider when a Customer is merely placing a booking, and

(j)  Vouchers are non-transferable and must only be used by the Customer registered to receive the Voucher.

6. Conditions for reimbursement of Vouchers

6.1 A Registered Provider that accepts a Voucher may receive reimbursement from Service NSW for the amount actually paid for by the Customer using the Voucher (up to the maximum value of the Voucher) in exchange for an Eligible Activity.

6.2  Service NSW will not reimburse Registered Providers for fraudulent, invalid, or counterfeit Vouchers, or for any Voucher that had expired before the date upon which it was redeemed with the Registered Provider.

6.3  A Registered Provider will generally be reimbursed within 5 business days of lodging a claim for reimbursement for the value of Vouchers redeemed with the Registered Provider.

6.4 Service NSW may suspend Voucher redemptions by a Registered Provider if Service NSW suspects that a Registered Provider has not complied with any of these Terms and Conditions. In such circumstances, any outstanding Voucher redemptions will not be reimbursed as at the date of the Provider’s suspension, or at a later date, as determined by Service NSW in its absolute discretion.

6.5  Any payments to a Registered Provider by Service NSW as reimbursement for Eligible Activities provided in exchange for one or more Vouchers will only be made on the condition that, subject to clause 6.6, the Registered Provider has provided the relevant Eligible Activity.

6.6  Registered Providers may seek reimbursement of Vouchers from Service NSW as pre-payment for an Eligible Activity, before delivering the corresponding Eligible Activity, if the Eligible Activity’s ordinary fee structure comprises upfront pre-payment for the Eligible Activity.

6.7  If Service NSW advises a Registered Provider in writing that a specified amount has been paid by way of reimbursement to the Registered Provider under the Program as an overpayment or otherwise in error, the Registered Provider must repay that amount to Service NSW as directed within 28 days of being so advised.

7. Compliance action and recovery of reimbursement payments

7.1  Without limiting any other action the NSW Government may take, or remedies the NSW Government may pursue, a Registered Provider that does not comply with these Terms and Conditions may, at Service NSW’s absolute discretion, be:

(a)  suspended from the Program (without reimbursement of outstanding payments),

(b)  deregistered from the Program,

(c)  referred to law enforcement.

7.2  Service NSW may audit or investigate:

(a)  a Registered Provider to determine whether it has complied or is complying with these Terms and Conditions,

(b)  a Provider whose registration has been suspended or cancelled in connection with any failure to comply with these Terms and Conditions.

7.3  To ensure compliance with these Terms and Conditions, the NSW Government may also conduct unannounced audits, spot compliance checks, and/or ‘mystery shops’ at random for Registered Providers participating in the Program.

7.4  A Registered Provider or its Authorised Representative, or a suspended or deregistered Provider or its Authorised Representative, as the case may be, must provide any information or documentation that Service NSW reasonably requires for the purpose of any audit or investigation referred to in clause 7.2 or clause 7.3. 

7.5  Registered Providers must retain all evidence relating to their eligibility and application for registration as a Provider for the Program including all tax invoices, official receipts, bank statements, evidence of relevant industry skills, qualifications or accreditations, and other similar documentation and evidence for a period of 7 years from the date of receipt of any payment received under the Program.

7.6  If a Registered Provider, or a Provider whose registration has subsequently been suspended or cancelled, has received a reimbursement payment under the Program and the NSW Government is satisfied that any of the conditions in clauses 5 or 6 has been contravened, any payment made to the Provider in circumstances where the conditions were not met, is repayable to the NSW Government on demand and may be recovered by the NSW Government from the Provider as a debt due to the Crown in right of the State of New South Wales in any court of competent jurisdiction.

7.7  Where false or misleading information has been provided to the NSW Government by a Provider when applying for registration, or by a Registered Provider at any time, Service NSW may refer the matter to law enforcement.

8. Suspension or termination of the Voucher Program

8.1  Notwithstanding any other provision in these Terms and Conditions, the NSW Government may, in its absolute discretion, suspend or terminate the entirety or any part of the Program at any time.

8.2  Any action taken to suspend or terminate the Program will be notified on the Service NSW website.

9. Limitation of liability and indemnity

9.1  To the extent permitted by Law, the NSW Government (including its 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 pursuant to contract or tort, including negligence) which may be suffered or incurred by a Provider or any other person arising directly or indirectly out of or in any way connected with the Program, including:

(a)  the unavailability of Vouchers;

(b)  the refusal of a person to accept Vouchers;

(c)  the fraudulent use of Vouchers;

(d)  any decision to register or refuse to register a Provider to participate in the Program,

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

(f)  any fraudulent application for registration to participate in the Program,

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

(h)  any decision to suspend, vary or terminate the entirety or any part of the Program.

9.2  A Provider agrees to indemnify and keep indemnified the NSW Government including its 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 Provider’s application for registration and participation in the Program. 

9.3  A reference to “Provider” in this clause 9 includes a business or Not-for-profit Organisation that has applied for registration to participate in the Program, a Registered Provider and a Provider that has had its registration cancelled or suspended.

10. Contact

10.1  Any enquiry or complaint is to be directed to Service NSW via Service NSW Centres or the Service NSW website.

11. General

11.1  Applicants are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

11.2  The NSW Government will seek feedback from Registered Providers as to their reason/s for participating in the Program.

12. Variation of Terms and Conditions

12.1  The NSW Government reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. The Terms and Conditions that apply to each Registered Provider will be the current Program Terms and Conditions. It is the responsibility of the Registered Provider to ensure that they check the Service NSW website regularly to ensure they remain informed as to the applicable Terms and Conditions for the Program.

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

13.  Waiver

13.1  Failure or delay by the NSW Government in exercising or enforcing any of its rights in connection with these Terms and Conditions does not constitute a waiver of those rights.

14.  Severability

14.1  If any term in these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these 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 in force in New South Wales. Providers and the NSW Government submit to the exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts.

15.2  A reference to a “Provider” in this clause 15 includes a business or Not-for-profit Organisation that has applied for registration to participate in the Program, a Registered Provider and a Provider that has had its registration cancelled or suspended.

16.  Survival

16.1.  Clauses 7 and 9 and any other clauses which, by their nature contain continuing obligations, will survive termination of these Terms and Conditions.

Related information

• Guidelines
• Privacy Collection Notice
• Apply to be an Active and Creative Kids voucher provider
• Letter of authority
• About the Active and Creative Kids voucher program