Introduction
1. These terms and conditions apply to all Coaches nominated to deliver activities under the Program.
2. The Coach’s eligibility to participate in the Program is subject to the Coach’s compliance with these terms and conditions.
3. The Australian Sports Commission (‘ASC’) may at any time, by notice to the Coach, vary these terms and conditions.
4. These terms and conditions apply without limitation to or from the User Terms and Conditions applicable to users of the Site.
Definitions
5. In these terms and conditions:
- ‘Coach’ means an individual (being an employee, contractor or volunteer of a Provider organisation) nominated by a Provider to deliver activities under the Program, excluding Teachers;
- ‘NSO’ means a National Sporting Organisation accepted by the ASC as a partner sport in the Program;
- ‘NSO-endorsed provider’ means a provider organisation approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
- ‘Program’ means the ASC's Sporting Schools program, designed to help primary and secondary schools increase children’s participation in sport, delivered in partnership with NSOs;
- ‘Provider’ means an organisation involved in delivering sport packages for Schools, under the Program. It may be an NSO, NSO-endorsed Provider or other organisation registered for the Program;
- ‘Relevant Legislation’ means any legislation of the Commonwealth, State or Territory that applies in the jurisdiction where activities are being delivered under the Program;
- ‘School’ means an educational establishment whose major activity is the provision of full-time primary or secondary education, accepted by the ASC to conduct activities under the Program;
- ‘Site’ means the Program website;
- ‘Site account’ means an account established for use of the Site by a Coach or a Provider that intends to participate in the Program, subject to the Site User Terms and Conditions;
- ‘Sport package’ means an eligible sporting activity or product delivered under the Program;
- ‘Teacher’ means an individual (being an employee of a School, that has a valid State and/or Territory teacher registration) nominated by a School to deliver activities under the Program;
- ‘Working With Children Check’ or ‘WWCC’ means the process in place under Relevant Legislation to screen an individual for fitness to work with children.
Declaration
6. The Coach declares that they:
- do not have any criminal charge pending before the courts;
- do not have any criminal convictions or findings of guilt for sexual offences, offences related to children or acts of violence or offences related to dishonesty;
- have not had any disciplinary proceedings brought against them involving child abuse, sexual misconduct or harassment, acts of violence, intimidation or other forms of harassment;
- have never been sanctioned for an anti-doping rule violation under any anti-doping policy applicable to them;
- have never participated in, facilitated or encouraged any practice prohibited by the World Anti-Doping Agency Code or any other anti-doping policy applicable to them;
- are not aware of any other matter that the ASC may consider to constitute a risk to the Program’s members, employees, volunteers, Schools, participating children or reputation, by the Coach participating in the Program;
- have provided only true and correct information in seeking to participate in the Program;
- will notify the ASC and the Chief Executive Officer (or equivalent) of the Provider engaging the Coach, immediately upon becoming aware that any of the matters set out in this declaration has changed for whatever reason; and
- have read, understood and accepted all of these terms and conditions.
Acknowledgements
7. The Coach acknowledges and agrees that:
- their participation in the Program imposes no obligations on the ASC;
- their participation in the Program is subject to the Program being funded by the ASC;
- they only remain eligible to participate as a Coach in the Program while nominated by a Provider to deliver activities under the Program. The Coach may be nominated by more than one Provider at any given time;
- they may be engaged by a Provider for the delivery of activities under the Program;
- a Provider is under no obligation to request the services of the Coach to deliver any activities under the Program;
- at no time will the Coach be an employee, contractor, partner or agent of the ASC in relation to the Program; and
- Providers, Schools and Teachers are not employees, contractors or agents of the ASC.
Program bookings
8. A Coach must have a Site account to participate in the Program. The Site account provides an online platform for administration and management of Program delivery, including enabling Providers to assign School booking requests to the Coach.
9. The Coach acknowledges and agrees that:
- all its dealings with Program bookings must be in accordance with the Provider Guidelines;
- all bookings for the Program will be managed through the Site account;
- they may receive communications relevant to a booking request through the Site account;
- they will accept or decline any booking request through the Site account; and
- by accepting a booking request through the Site account, the Coach enters into a direct legal relationship with the relevant Provider to deliver the activities personally. The ASC is not a party to that agreement.
Delivery
10. The Coach must satisfy any safety and training requirements for the Program as specified by the ASC from time to time.
11. The Coach must have and maintain valid industry qualifications, training and expertise to deliver the relevant activities under the Program.
12. In delivering activities under the Program, the Coach must:
- comply with the Program requirements as set out in the Provider Guidelines;
- comply with all applicable laws and regulations;
- meet appropriate standards of care;
- comply with the ASC Anti-Doping Policy and any other applicable anti-doping policy;
- comply with all applicable policies and procedures of the Provider, the School, and responsible State and Territory Government departments;
- maintain a high standard of personal behaviour and integrity, and not bring themselves, the relevant NSO, the Provider, the School or the Program into disrepute, and comply with any applicable Provider, Coach Code of Behaviour;
- without limitation of the above, follow appropriate work health and safety and risk management policies and practices;
- without limitation of the above, deliver sessions safely and comply with supervision ratios in accordance with Provider and School policies and procedures; and
- use appropriate facilities and equipment.
Child safety
13. The Coach must:
- comply with all Relevant Legislation related to requirements for working with children, and mandatory reporting of suspected child abuse or neglect, however described;
- without limitation to the above, obtain all necessary Working with Children Checks (WWCC) however described, and ensure that such WWCC remain current for the duration of the Coach’s involvement in the Program;
- provide details and/or evidence of each WWCC to the Provider and, if requested, to the School and the ASC;
- in delivering activities under the Program, implement the National Principles for Child Safe Organisations (available at https://childsafe.humanrights.gov.au/national-principles);
- co-operate with the Provider and the ASC in any review of compliance with this clause 13;
- immediately notify the Provider and the ASC if they fail to comply with any of the requirements of this clause 13.
General
14. The Coach must provide any information and reporting regarding their activities under the Program, as required by the ASC.
15. If requested at any time (including after the completion their participation in the Program), the Coach must participate in research and evaluation undertaken by the ASC or its contractors in relation to the Program.
16. The Coach must comply with any reasonable request or direction from the ASC 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.
17. The Coach consents to receive information, including marketing and promotional material, from the ASC in relation to the Program.
18. The Coach must not, without the prior written approval of the ASC, publish, distribute or communicate any material relating to the Program, whether developed by the Coach or otherwise, including any publicity materials, sponsorship messages or participant handouts intended for distribution to children, parents or schools.
19. The Coach must not, without the prior written approval of the ASC, use the name or logo of the ASC, or the Australian Institute of Sport. A registered Coach is permitted to use the Program logo but only in accordance with the Sporting Schools Branding Guide.
Personal information
20. The ASC collects personal information in the course of delivering and administering the Program and may disclose the personal information provided by the Coach to any or all of the following:
- Providers and Schools for the purpose of prospective or confirmed delivery of activities under the Program;
- ASC contractors for the purpose of Program delivery and administration;
- researchers engaged by the ASC for the purpose of undertaking Program research and evaluation; and
- 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 the ASC manages personal information is available in the ASC Privacy Policy.
21. When dealing with personal information in carrying out the activities under the Program, the Coach agrees to comply with the Privacy Act 1988 (Cth) and not to do anything which, if done by the ASC, would breach an Australian Privacy Principle as defined in that Act.
Insurance and liability
22. The Coach will deliver activities under the Program entirely at their own risk.
23. The Coach acknowledges and agrees that they are:
- not covered by any ASC insurance and that Providers, Schools and Teachers are not covered by the ASC’s insurance;
- responsible for enquiring as to the insurance carried by, or covering, each Provider or School in connection with delivery of the Coach’s services; and
- responsible for ensuring the adequacy and the validity of the insurance carried by or covering the Coach.
24. The Coach indemnifies the ASC, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with:
- the performance of any activities under the Program by the Coach;
- any negligent, wrongful or unlawful act or omission of the Coach in connection with the Program; or
- any breach of any of these terms and conditions by the Coach, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of the ASC, its officers or employees.
25. The Coach releases the ASC and its officers, employees and agents from any liability arising out of, relating to or in connection with:
- any loss of or damage to any property of the Coach or any property for which the Coach is responsible; or
- any injury or illness to, or death of, the Coach, arising out of, relating to in connection with the Program.
26. The obligations to indemnify and release set out in clauses 24 and 25 survive the expiry or termination of the Coach’s participation in the Program.
Termination
25. The ASC may at any time by notice, at its absolute discretion, suspend or terminate participation of the Coach in the Program.
26. Without limitation to clause 25, where the Coach breaches any of these terms and conditions, the ASC may, at its absolute discretion, terminate participation of the Coach in the Program.
Miscellaneous
27. 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.
28. These terms and conditions are governed by the laws of the Australian Capital Territory and the Coach agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.