School terms and conditions
1. These terms and conditions apply to all Schools registering, applying for funding or conducting activities under the Program.
2. The Australian Sports Commission (referred to here as ‘ASC’) 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:
- ‘Acquittal’ means a financial declaration completed by a School at the end of a Funding period reconciling financial expenditure of a Grant;
- ‘Child-Related Personnel’ means officers, employees, contractors, agents and volunteers of the School (including Teachers and Coaches), involved with the Program who as part of that involvement may interact with children;
- ‘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;
- ‘Exceptional Circumstances’ means the Covid-19 pandemic or other circumstances defined as such in the Program Parameters ;
- ‘Exceptional Circumstances Activity Plan’ means a plan approved by the ASC 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.
- ‘Funding period’ means the time period (school term) specified by the ASC within which a School may use a Grant to deliver activities under the Program;
- ‘Grant’ means funding allocated to a School by the ASC to support the delivery of activities under the Program;
- ‘NSO’ means a national sporting organisation accepted by the ASC as a partner sport in the Program;
- ‘NSO-nominated provider’ means a provider approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
- ‘Organisation’ means an NSO, SSO or NSO-nominated provider;
- ‘Participant’ means an individual who takes part in Program sessions;
- ‘Program’ means the ASC's Sporting Schools program which is designed to help primary and secondary schools increase children’s participation in sport, and are delivered in partnership with NSOs;
- ‘Program Parameters’ means the requirements for conduct of the applicable component of the Program (as updated from time to time);
- ‘Registration’ means the creation of a Site account for the School and verification of School details;
- ‘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 School or Organisation 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;
- ‘Sport package’ means an eligible, NSO-approved sporting product delivered under the Program;
- ‘SSO’ means a state sporting organisation approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
- ‘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;
- ‘Working With Children Check’ or ‘WWCC’ means the process in place under Relevant Legislation to screen an individual for fitness to work with children.
5. The School acknowledges and agrees that:
- The Australian Sports Commission may accept or reject a School’s Registration in its absolute discretion;
- acceptance by ASC of a School’s Registration or funding application or its participation in the Program imposes no obligations on the ASC;
- it must be Registered to be eligible to apply for funding to have activities under the Program delivered at its nominated location(s);
- Australian Sports Commission 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;
- any Registration and/or funding is subject to the Program being funded by the ASC;
- its status as a funded School of the Program only remains valid whilst the School is Registered;
- it will not be eligible to receive funding if it is named by the National Redress Scheme for Institutional Child Sexual Abuse on its list of "Institutions that have not joined or signified their intent to join the Scheme”;
- at no time will the School or its Teachers or other employees, be employees, contractors, partners or agents of the ASC in relation to the Program; and
- Organisations and Coaches are not employees, contractors, partners or agents of the ASC.
6. If the ASC decides to accept a School’s funding application:
- The Australian Sports Commission will send written notice to the School advising the amount of the Grant;
- subject to clause 7 below, (and unless otherwise agreed) the ASC 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 the ASC,
and be with an authorised deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia;
- the Grant will be made subject to these terms and conditions;
- Australian Sports Commission 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
- an enforceable agreement between the ASC and the School comprising these terms and conditions, the funding application form and the applicable Program Parameters will take effect upon ASC 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):
- the Grant will be increased by the prevailing rate of GST; and
- the School declares that it and the ASC are parties to a Recipient Created Tax Invoice (RCTI) Agreement. By doing so, the School is authorising ASC to issue a tax invoice with respect to the Grant on the School’s behalf.
8. The School must:
- use the Grant only for the eligible costs of activities under the Program and for no other purpose;
- unless clause 8(d) applies, conduct the eligible activities identified in the approved funding application during the Funding period in accordance with the Program Parameters and these terms and conditions;
- promptly notify the ASC if Exceptional Circumstances affecting the School, are reasonably likely to prevent the School from conducting the activities in accordance with clause 8(b) above. Australian Sports Commission may, at its discretion, approve the School to conduct alternative activities (with all or part of the Grant) under an Exceptional Circumstances Activity Plan;
- if approved in writing by the Australian Sports Commission for an Exceptional Circumstances Activity Plan – conduct the eligible activities during the Funding period and in accordance with the Program Parameters and these terms and conditions;
- complete an Acquittal provided by ASC 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 ASC 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;
- return any unused portion of the Grant or rejected expenses, when invoiced by the ASC after the end of the Funding period;
- 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 ASC (any such approval may be conditional upon the return to ASC of part or all of the Grant);
- maintain complete and accurate records and accounts detailing the receipt, use and expenditure of the Grant, and upon request, submit them to ASC to verify expenditure as recorded on the Acquittal for the Funding period;
- provide the ASC, or its authorised representatives, access to the School’s records and accounts at any time during or after the Funding period for the purpose of copying the records and auditing the School’s use and expenditure of the Grant; and
- advise the ASC immediately if it becomes aware of any breach of these terms and conditions.
9. During and after the Funding period, ASC 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 ASC, if ASC reasonably believes, at any time during or after the Funding period, that the School:
- has provided false or misleading information;
- has ceased to operate;
- has not performed, or will not perform, the required Program activities for the entire duration of the Funding period; or
- has otherwise breached any of its obligations set out in these terms and conditions, then the ASC may, by written notice, require the School to repay ASC, at ASC'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:
- it must have a Site account to participate in the Program. Use of the Site is subject to the User Terms and Conditions;
- bookings with Organisations for the purpose of the Program must be made in accordance with the applicable Program Parameters;
- by making a booking through its Site account, the School enters into a direct relationship with the relevant Organisation;
- the cost of any booking made through its Site account will be payable by the School;
12. The School must ensure that:
- it offers the activities under the Program at no cost to Participants;
- the activities under the Program are complementary to existing sport and physical education activities; and
- the activities (where delivered to Participants in person) are delivered before, during or after school as per the applicable Program Parameters.
13. The School must:
- comply with all Relevant Legislation relating to the employment or engagement of Child-Related Personnel in relation to the Program, including obtaining all necessary Working With Children Checks (WWCC) however described; and
- ensure that WWCC remain current and that Child-Related Personnel continue to comply with all Relevant Legislation for the duration of their involvement in the Program.
14. In delivering Program activities the School agrees to:
- implement the National Principles for Child Safe Organisations (available at: https://childsafe.humanrights.gov.au/national-principles);
- ensure that all Child-Related Personnel implement the National Principles for Child Safe Organisations;
- complete and update, at least annually, a risk assessment to identify the level of responsibility for children and the level of risk of harm or abuse to children;
- put into place and update, at least annually, an appropriate risk management strategy to manage the risks identified through the risk assessment required by clause 14(c);
- provide training and establish a compliance regime to ensure that all related Personnel are aware of, and comply with:
- if requested, provide the ASC with an annual statement of compliance with clause 14 and 15, in such form as may be specified by ASC; and
- notify ASC of any failure to comply with clause 13 or 14;
- co-operate with ASC in any review conducted by the ASC of the School’s implementation of the National Principles for Child Safe Organisations or compliance with clause 13 or 14; and
- promptly take all action necessary to rectify any failure to implement the National Principles for Child Safe Organisations or any other failure to comply with clause 13 or 14.
(ii) the School’s risk management strategy required by clause 14(d);
(iii) Relevant Legislation relating to requirements for working with children (including WWCC), and mandatory reporting of suspected child abuse or neglect, however described;
15. In relation to activities under the Program delivered by its Teachers, the School must ensure that the Teachers:
- are employed by the School;
- have valid State and/or Territory teacher registrations;
- are appropriately insured, including if delivering before or after School hours; and
- have and maintain valid industry qualifications, training and expertise to deliver the relevant activities.
16. In relation to activities under the Program delivered by Coaches:
- the School must ensure such individuals have and maintain valid industry qualifications, training and expertise to deliver the relevant activities;
- the School must supervise such individuals in delivering the activities; and
- the School acknowledges that it will not be relieved of any of its obligations under these terms and conditions.
17. In relation to activities under the Program, the School must ensure that Coaches and Teachers delivering the activities:
- comply with any relevant Organisation’s requirements for delivery of the activities;
- comply with all applicable laws and regulations;
- meet appropriate standards of care;
- comply with the Australian Sports Commission Anti-Doping Policy and any other applicable anti-doping policy;
- comply with all applicable policies of the School, NSO and Organisation;
- 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;
- without limitation to the above, follow appropriate work health and safety and risk management policies and practices;
- 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
- use appropriate facilities and equipment.
18. The School must provide any information and reporting regarding its activities under the Program as required by the ASC. Australian Sports Commission may also conduct reasonable site visits to observe the conduct of the Program activities.
19. 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 the ASC or its contractors in relation to the Program.
20. The School consents to receive information, including marketing and promotional material, from the ASC in relation to the Program.
21. The School 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.
22. The School must not, without the prior written approval of ASC, 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.
23. The School must not, without the prior written approval of ASC, use the name or logo of the ASC, the Australian Institute of Sport or the Program.
24. The School must notify the ASC promptly of any actual, perceived or potential conflicts of interest which could affect the performance of its obligations under these terms and conditions.
25. The Australian Sports Commission 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:
- Organisations and Coaches for the purpose of prospective, or confirmed, delivery to the School of activities under the Program;
- Australian Sports Commission 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.
26. When dealing with personal information in carrying out the activities under the Program, the School agrees not to do anything which, if done by the ASC, would be a breach of the Privacy Act 1988.
Insurance and liability
27. The School will conduct activities under the Program entirely at its own risk.
28. The School acknowledges and agrees that it is:
- not covered by any ASC insurance, and that Teachers, Coaches and Organisations engaged by the School for the purpose of the Program, will not be covered by any ASC insurance;
- responsible for enquiring as to the insurance carried by, or covering, each Teacher, Coach and Organisation, in connection with the Program activities conducted at the School; and
- responsible for ensuring the adequacy and validity of the insurance carried by or covering the School and Teachers.
29. The School indemnifies 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 School or its Teachers, officers, employees, agents or contractors;
- 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
- 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 ASC, its officers or employees.
30. The School releases 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 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
- 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.
31. The obligations to indemnify and release set out in clauses 29 and 30 survive the expiry or termination of the School’s participation in the Program.
32. The ASC may at any time by notice, at its absolute discretion, terminate the participation of the School in the Program.
33. Without limitation to clause 32, where the School breaches any of these terms and conditions, ASC may, at its absolute discretion, terminate the participation of the School in the Program.
35. 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.
36. 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.