Schools terms and conditions for exceptional circumstances preventing delivery

Term 2, 2020: Terms and conditions

1. These terms and conditions apply to all Schools registering, applying for funding or conducting activities under the Program.

2. Sport Australia may at any time by notice to the School vary these terms and conditions.

3. These terms and conditions apply without limitation to or from the User Terms and Conditions applicable to users of the Site.

4. In these terms and conditions:

1. ‘Acquittal’ means a financial declaration completed by a School at the end of a Funding period reconciling financial expenditure of a Grant;
2. ‘Coach’ means an individual (being an employee, contractor or volunteer of an Organisation) nominated by an Organisation to deliver activities under the Program, excluding Teachers;
3. 'Exceptional Circumstances’ means the Covid-19 pandemic or other circumstances  defined as such in the Program Parameters;
4. 'Exceptional Circumstances Activity Plan’ means a plan approved by Sport Australia in accordance with clause 8(c) and 8(d), that enables a School affected by Exceptional Circumstances to conduct certain amended activities under the Program.
5. ‘Funding period’ means the time period specified by Sport Australia within which a School may use a Grant to deliver activities under the Program;
6. ‘Grant’ means funding allocated to a School by Sport Australia to support the delivery of activities under the Program;
7. ‘NSO’ means a national sporting organisation accepted by Sport Australia as a partner sport in the Program;
8. ‘NSO-nominated coaching provider’ means a coaching provider approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
9. ‘Organisation’ means an NSO, SSO, NSO-nominated coaching provider or Partner provider;
10. ‘Participant’ means an individual who takes part in Sporting Schools or Sporting Schools Plus program sessions;
11. ‘Partner provider’ means a provider specifically identified by Sport Australia as able to deliver activities under the Sporting Schools Plus program;
12. ‘Program’ means Sport Australia's Sporting Schools and Sporting Schools Plus programs;
13. 'Program Parameters’ means the requirements for conduct of the Sporting Schools program (as updated from time to time), or Sporting Schools Plus program (as updated from time to time);
14. ‘Registration’ means the creation of a Site account for the School and verification of School details;
15. ‘School’ means an educational establishment whose major activity is the provision of full-time primary or secondary education accepted by Sport Australia to conduct activities under the Program;
16. ‘Site’ means the Program website;
17. ‘Site account’ means an account established for use of the Site by a School or Organisation (excluding Partner providers) that intends to participate in the Program, accessed via a registered individual username and password for an employee of the School or an employee, contractor or volunteer of a relevant Organisation;
18. ‘Sport package’ means an NSO-approved sporting product delivered under the Sporting Schools program over a minimum of 4 sessions;
19. ‘Sporting Schools program’ means the program designed to help primary and secondary schools increase children’s participation in sport, and that is delivered in partnership with NSOs;
20. Sporting Schools Plus program’ means the program that focuses on helping targeted schools to activate the Physical Literacy: Guide for Schools;
21. ‘SSO’ means a state sporting organisation approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
22. ‘Teacher’ means an individual (being an employee of the School, that has a valid State and/or Territory teacher registration) nominated by a School to deliver activities under the Program;
23. ‘WWCC’ means a valid current Working With Children Check or equivalent clearance in the applicable State or Territory in which activities are being delivered under the Program.

5. The School acknowledges and agrees that:

1. Sport Australia may accept or reject a School’s Registration in its absolute discretion;
2. Sport Australia may accept (including by making a Grant of a lesser amount than that requested) or reject a School’s funding application in its absolute discretion;
3. acceptance by Sport Australia of a School’s Registration or funding application or its participation in the Program imposes no obligations on Sport Australia;
4. it must be registered to be eligible to apply for funding to have activities under the Sporting Schools program delivered at its nominated location(s). Note, Registration is not an eligibility requirement for Schools that are only applying for funding to deliver activities under the Sporting Schools Plus program;
5. any Registration and/or funding is subject to the relevant component of the Program being funded by Sport Australia;
6. its status as a funded School of the Sporting Schools program only remains valid whilst the School is registered;
7. at no time will the School or its Teachers or other employees, be employees, contractors, partners or agents of Sport Australia in relation to the Program; and
8. Organisations and Coaches are not employees, contractors, partners or agents of Sport Australia.

6. If Sport Australia decides to accept a School’s funding application:

1. Sport Australia will send written notice to the School advising the amount of the Grant;
2. subject to clause 7 below, (and unless otherwise agreed) Sport Australia will pay the Grant directly to the bank account nominated by the School, which must be either:
   i. in the School’s name, which they solely control; or
   ii. an account otherwise approved by Sport Australia, and be with an authorised deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia;
3. a Grant under the Sporting Schools program will be paid in a single lump sum.  A Grant under the Sporting Schools Plus program will be paid in two equal instalments as specified in Sport Australia’s written notice to the successful School (see paragraph 6(a) above);
4. the Grant will be made subject to these terms and conditions;
5. Sport Australia will not be responsible for the provision of additional funding to meet any expenditure in excess of the total amount of the Grant, regardless of the actual expenditure by the School; and
6. an enforceable agreement between Sport Australia and the School comprising these terms and conditions, the funding application form and the applicable Program Parameters will take effect upon Sport Australia approving the Grant.

7. If the School is required to be registered for GST, and is not a government related entity as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth):

1. the Grant will be increased by the prevailing rate of GST; and
2. the School declares that it and Sport Australia are parties to a Recipient Created Tax Invoice (RCTI) Agreement. By doing so, the School is authorising Sport Australia to issue a tax invoice with respect to the Grant on the School’s behalf.

8. The School must:

1. use the Grant only for activities under the Sporting Schools program or Sporting Schools Plus program, as applicable, and for no other purpose;
2. unless clause 8 (d) applies, conduct the activities identified in the approved funding application during the Funding period in accordance with these terms and conditions;
3. promptly notify Sport Australia if Exceptional Circumstances affecting the School, are reasonably likely to prevent the School from conducting the activities in accordance with clause 8(b) above.  Sport Australia may, at its discretion, approve the School to conduct alternative activities (with all or part of the Grant) under an Exceptional Circumstances Activity Plan;
4. if approved in writing by Sport Australia for an Exceptional Circumstances Activity Plan – conduct the eligible activities in accordance with the Program Parameters during the Funding period and in accordance with these terms and conditions;
5. complete an Acquittal provided by Sport Australia for the Funding period, demonstrating:
   i. the School has conducted activities under the Program in accordance with these terms and conditions;
   ii. the expenses incurred by the School to deliver the Program (which Sport Australia may reject in its sole and absolute discretion);
   iii. whether there is any unspent portion of the Grant; and
   iv. return the Acquittal by the set due date;
6. return any unused portion of the Grant or rejected expenses, when invoiced by Sport Australia after the end of the Funding period;
7. conduct the activities under the Program itself (and not seek to transfer responsibility to any third parties including any Out of School Hour Care Service), and must not transfer the Grant to any other person or organisation, unless approved in writing by Sport Australia (any such approval may be conditional upon the return to Sport Australia of part or all of the Grant);
8. expend the Grant only on eligible costs for the activities as specified by Sport Australia;
9. maintain complete and accurate records and accounts detailing the receipt, use and expenditure of the Grant, and upon request, submit them to Sport Australia to verify expenditure as recorded on the Acquittal for the Funding period;
10. provide Sport Australia, or its authorised representatives, access to the School’s records and accounts at any time during or after the Funding period for the purposes of copying the records and auditing the School’s use and expenditure of the Grant; and
11. advise Sport Australia immediately if it becomes aware of any breach of these terms and conditions.

9. During and after the Funding period, Sport Australia reserves the right to publicise and report on the award of the Grant to the School, including publishing the School’s name and location, the amount of the Grant, and a description of the Program activities.

10. Without limitation to any other rights of Sport Australia, if Sport Australia reasonably believes, at any time during or after the Funding period, that the School:

1. has provided false or misleading information;
2. has ceased to operate;
3. has not performed, or will not perform, the required Program activities for the entire duration of the Funding period; or
4. has otherwise breached any of its obligations set out in these terms and conditions, then Sport Australia may, by written notice, require the School to repay Sport Australia, at Sport Australia's absolute discretion, all or part of the Grant, and/or decline future funding applications submitted by the School. The amount notified becomes repayable within 30 days of any such notice.

11. The School acknowledges and agrees that:

1. it must have a Site account to participate in the Sporting Schools program.  However, a Site account is not necessary to participate in the Sporting Schools Plus program;
2. the School’s Site account (where present) provides an online platform for the administration of Grants, the administration of Program delivery and access to Sporting Schools Sport packages from relevant Organisations;
3. by making a booking through its Site account, the School enters into a direct  relationship with the relevant Organisation;
4. it will receive communications relevant to the booking request through its Site account;
5. the cost of any booking made through its Site account will be covered by the School if the School has not received a grant through the Program for the relevant Funding period;
6. individual users of the School’s Site account must comply with the User Terms and Conditions; and
7. Sport Australia may amend the Site and School’s Site account at any time.

12. For Sporting Schools program bookings, the School must use its Site account to:

1. engage an Organisation or nominate a Teacher for delivery of activities under the Program; and
2. administer and manage Sport package booking requests, including amendments and cancellations, and keep such details accurate and current.

13. For Sporting Schools Plus program bookings, the School acknowledges and agrees that:

1. it will be responsible for making bookings directly with the School’s selected provider Organisation, or other suitable provider chosen by the School.  In each case the School enters into a direct relationship with their selected provider; and
2. if the School has a Site account it may also elect to make bookings with a relevant Organisation via the Site (note that Partner providers cannot be booked via the Site account).

14. The School must ensure that:

1. it offers the activities under the Program at no cost to Participants;
2. the activities under the Program are complementary to existing sport and physical education activities; and
3. the activities (where delivered to Participants in person) are delivered before, during or after school.

15. The School must comply with all applicable child protection legislation.

16. In relation to activities under the Program delivered by its Teachers, the School must ensure that the Teachers:

1. are employed by the School;
2. have valid State and/or Territory teacher registrations;
3. are appropriately insured, including if delivering before or after School hours;
4. comply with all applicable child protection legislation;
5. without limitation to the above, have and maintain valid WWCCs; and
6. have and maintain valid industry qualifications, training and expertise to deliver the relevant activities.

17. In relation to activities under the Program delivered by Coaches or by any other third party (as permitted under Sporting Schools Plus program), the School must ensure that such individuals:

1. comply with all applicable child protection legislation;
2. without limitation to the above, have and maintain valid WWCCs; and
3. have and maintain valid industry qualifications, training and expertise to deliver the relevant activities.

18. In relation to activities under the Program delivered by Coaches, or by any other third party (as permitted under Sporting Schools Plus program):

1. the School must supervise such individuals in delivering the activities; and
2. the School acknowledges that it will not be relieved of any of its obligations under these terms and conditions.

19. In relation to activities under the Program, the School must ensure that Coaches, Teachers, and any other third party (as permitted under Sporting Schools Plus program) delivering the activities:

1. comply with any relevant Organisation’s requirements for delivery of the activities;
2. comply with all applicable laws and regulations;
3. meet appropriate standards of care;
4. comply with the Sport Australia Anti-Doping Policy and any other applicable anti-doping policy;
5. comply with all applicable policies of the School, NSO and Organisation;
6. maintain a high standard of personal behaviour and integrity, not bring the Teacher, Coach, the NSO, the Organisation or the School into disrepute and comply with any applicable School, NSO or Organisation Coach Code of Behaviour;
7. without limitation to the above, follow appropriate work health and safety and risk management policies and practices;
8. without limitation to the above, deliver sessions safely and comply with supervision ratios in accordance with applicable School, NSO and Organisation policies and procedures; and
9. use appropriate facilities and equipment.

20. The School must provide any information and reporting regarding its activities under the Program as required by Sport Australia.  Sport Australia may also conduct reasonable site visits to observe the conduct of the Program activities.

21. If requested at any time (including after the completion of its activities under the Program), the School must participate in research and evaluation undertaken by Sport Australia or its contractors in relation to the Program.

22. The School consents to receive information, including marketing and promotional material, from Sport Australia in relation to the Program.

23. The School must comply with any reasonable request or direction from Sport Australia 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.

24. The School must not, without the prior written approval of Sport Australia, publish, distribute or communicate any material relating to the Program, whether developed by the School or otherwise, including any publicity materials, sponsorship messages or participant handouts intended for distribution to children, parents or other third parties.

25. The School must not, without the prior written approval of Sport Australia, use the name or logo of Sport Australia, the Australian Institute of Sport or the Program.

26. The School must notify Sport Australia promptly of any actual, perceived or potential conflicts of interest which could affect the performance of its obligations under these terms and conditions.

27. Sport Australia collects personal information in the course of administering and promoting the Program and may disclose the information provided by the School to any or all of the following:

1. Organisations and Coaches for the purpose of prospective, or confirmed, delivery to the School of activities under the Program;
2. Sport Australia contractors for the purpose of Program delivery and administration;
3. researchers engaged by Sport Australia for the purpose of undertaking Program research and evaluation; and
4. other Australian Government agencies for their relevant purposes such as to improve the effective administration, monitoring and evaluation of Australian Government programs, for research, and to announce grant recipients.

Further information about the way in which Sport Australia manages personal information is available in the Sport Australia Privacy Policy.

28. When dealing with personal information in carrying out the activities under the Program, the School agrees not to do anything which, if done by Sport Australia, would be a breach of the Privacy Act 1988.

29. The School will conduct activities under the Program entirely at its own risk.

30. The School acknowledges and agrees that it is:

1. not covered by any Sport Australia insurance, and that Teachers, Coaches, Organisations and any third party (as permitted under Sporting Schools Plus program) engaged by the School for the purpose of the Program , will not be covered by any Sport Australia insurance;
2. responsible for enquiring as to the insurance carried by, or covering, each Teacher, Coach, Organisation and any relevant third party (as permitted under Sporting Schools Plus program), in connection with the Program activities conducted at the School; and
3. responsible for ensuring the adequacy and validity of the insurance carried by or covering the School and Teachers.

31. The School indemnifies Sport Australia, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with:

1. the performance of any activities under the Program by the School or its Teachers, officers, employees, agents or contractors;
2. any negligent, wrongful or unlawful act or omission of the School or its Teachers, officers, employees, agents or contractors in connection with the Program; or
3. any breach of any of these terms and conditions by the School, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of Sport Australia, its officers or employees.

32. The School releases Sport Australia and its officers, employees and agents from any liability arising out of, relating to or in connection with:

1. any loss of or damage to any property of the School or its Teachers, officers, employees, agents or contractors, or any property for which the School or its Teachers, officers, employees, agents or contractors is responsible; or
2. any injury or illness to, or death of, any of the School’s Teachers, officers, employees, agents or contractors, arising out of or in connection with the Program.

33. The obligations to indemnify and release set out in clauses 31 and 32 survive the expiry or termination of the School’s participation in the Program.

34. Sport Australia may at any time by notice, at its absolute discretion, terminate the participation of the School in the Program.

35. Without limitation to clause 34, where the School breaches any of these terms and conditions, Sport Australia may, at its absolute discretion, terminate the participation of the School in the Program.

36. 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.

37. These terms and conditions are governed by the laws of the Australian Capital Territory and the School agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.