Terms and Conditions for Providers Registered for the First Lap program.
1. Definitions
1.1 The following definitions apply to these Terms and Conditions:
a. Approved Activity means an approved in person intensive or weekly learn to swim program delivered over a minimum of 5 sessions by a Registered Provider for the Program.
b. Department means the Office of Sport NSW.
c. Eligible Child means a person who at the time of application:
i) Is:
(1) aged 3 years or over and less than 6 years; or
(2) if aged 6 years or over, is in possession of an appropriate Certificate of Exemption issued under section 25 of the Education Act 1990;
ii) is a resident of NSW;
iii) holds or whose parent, guardian or carer holds a valid Medicare Card with the child’s name on it; and
iv) is entitled to apply based on their school enrolment or home school status.
d. Eligibility Criteria means the eligibility criteria that the Provider Applicant or Registered Provider must comply with as outlined in clause 3.1.
e. Program means the First Lap program administered by the Department.
f. Provider Applicant means a sole trader or organisation that is applying to become a Registered Provider for the Program.
g. Recipient Terms and Conditions means the terms and conditions applicable to the recipient of a Voucher.
h. Registered Provider means a Provider that has been approved and is currently listed as a Registered Provider for the Program (also referred to as “you” in these Terms and Conditions)
i. Voucher means a voucher issued to an Eligible Child under the Program for a value of up to $50, for participation fees which can be redeemed with a Registered Provider
2. Application and Acknowledgements
2.1 These Terms and Conditions apply to Provider Applicants wishing to participate in, and Registered Providers participating in, the Program.
2.2 A Registered Provider’s eligibility to participate in the Program is subject to the Registered Provider’s compliance with these terms and conditions.
2.3 These terms and conditions apply without limitation to or from the Recipient Terms and Conditions.
2.4 A Registered Provider acknowledges and agrees that:
a. beyond any obligation in clause 6, its participation in the Program imposes no obligations on the Department; and
b. at no time will the Registered Provider or its employees or volunteers be employees, contractors, partners or agents of the Department in relation to the Program.
3. Eligibility criteria
3.1 Unless otherwise approved by the Department in accordance with clause 3.4, to be eligible to register under the First Lap program, a Provider Applicant must be located in NSW and meet the following criteria:
a. Hold a current ABN or ACN and must not have any outstanding actions or enforcement orders recorded by the Office of Fair Trading or ASIC;
b. Provide in-person intensive or weekly learn to swim programs delivered over a minimum of 5 sessions;
c. Ensure that all swimming instructors involved in the Program (however engaged by the Provider Applicant or Registered Provider) hold a current Royal Life Saving, AUSTSWIM, or ASCTA Licence;
d. Ensure that programs are delivered in a safe and suitable swimming environment that: (i) is not a moving body of water; (ii) does not have underwater hazards; (iii) does not have low visibility; (iv) and is approved by the Department. A swimming pool is an example of a safe and suitable swimming environment;
e. Be compliant with the Child Protection (Working with Children) Act 2012 (NSW), including the requirement that individuals, however engaged by the Provider Applicant or Registered Provider, who work with children have a clear Working with Children Check. Where the Provider Applicant or Registered Provider:
i. is not a sole trader, then the individual’s Working with Children Check must be verified by the Provider Applicant or Registered Provider through the Office of the Children’s Guardian website (www.ocg.nsw.gov.au ); or
ii. is a sole trader, then the Provider Applicant’s or Registered Provider’s Working with Children Check must be verified by the Eligible Child’s parent, guardian or carer.
f. Notwithstanding (e), be compliant with any other current New South Wales child protection legislation including, without limitation, the requirement under the Children’s Guardian Act 2019 (NSW), where applicable, to implement Child Safe Standards as required in that Act.
g. Hold current Certificates of currency for professional indemnity and public liability insurance policies appropriate to the type and level of activities being delivered.
3.2. Should a Registered Provider’s situation change so that:
a. it no longer meets the Eligibility Criteria;
b. there are serious misconduct allegations against it or an employee or volunteer of the Registered Provider; or
c. it wishes to deliver an Approved Program in a safe and suitable swimming environment not previously approved by the Department (“alternate location”);
then the Registered Provider must notify the Department immediately and, in the case of (c), obtain the approval of the Department before commencing delivery of an Approved Program at the alternate location.
3.3 Providers operating in rural or remote areas of NSW and/or those working with children with disabilities who believe they may not meet the Program eligibility criteria at clause 3.1(b) or (d) should discuss their circumstances with the Department before applying to seek registration as a Registered Provider.
3.4 On receiving an application to be a Registered Provider from a Provider Applicant the Department may, in its sole and absolute discretion, either:
a. approve a Provider Applicant becoming a Registered Provider if they meet all of the eligibility criteria in clause 3.1;
b. approve a Provider Applicant becoming a Registered Provider even if they do not meet the eligibility criteria in clause 3.1(b) and/or clause 3.1(d);
c. reject a Provider Applicant becoming a Registered Provider if they do not meet any of the eligibility criteria in clause 3.1; or
d. reject a Provider Applicant becoming a Registered Provider even if they meet all of the eligibility criteria in clause 3.1.
4. Obligations
4.1 As a Registered Provider you agree:
a. that you meet the Eligibility Criteria for registration;
b. to comply with the Provider Guidelines for the Program (available at https://sport.nsw.gov.au/firstlap/provider) and these Terms and Conditions as in force at any given time while participating as a Registered Provider of the Program;
c. that you will only deliver an Approved Program at a safe and suitable swimming environment that has been approved by the Department
d. that your organisation will only accept one Voucher per Eligible Child (named on the Voucher) per financial year;
e. that your organisation will only accept one Voucher per Eligible Child against a single Program of activity;
f. all Vouchers must be redeemed by the expiry date as specified on the Voucher. The Department will not permit redemption of Vouchers presented after this date;
g. to only accept a Voucher or a transfer of a redeemed Voucher amount, to pay costs towards in-person intensive or weekly learn to swim programs delivered over a minimum of 5 sessions
h. Vouchers or redeemed Voucher amounts must not be used for the costs of any other individual or associated items not covered by the participation fees, including but not limited to membership fees that are not part of a structured program, casual visit passes, costs incurred for travel to and from the location of the Registered Activity, equipment (swimmers, goggles, flippers for example) that would usually be purchased from a retailer and paid for by the individual which may be required as part of participating in the Registered Activity separate to any participation fees charged by you;
i. that Vouchers can only be redeemed for participation fees up to a maximum of $50, based on usual participation fees charged by the organisation;
j. any increases in the participation fees shall be reasonable and that the amount of the participation fee charged is not calculated by reference to whether it is being paid in full or part by the redemption of a Voucher by an Eligible Child;
k. that Vouchers must be presented to and accepted by you at the time of registration of an Eligible Child;
l. to maintain accurate records of Voucher redemptions for payment acquittal and auditing purposes;
m. to confirm with the parent, guardian or carer prior to redeeming the Voucher online:
i. the participation rules;
ii. participation opportunities made available by you to the Eligible Child;
iii. participation fee inclusions and exclusions;
iv. attendance requirements;
v. additional costs and/or requirements with participating in the learn to swim program.
4.2 As a Registered Provider you acknowledge that:
a. if the participation fees are more than $50, you will be required to seek the difference from the parent, guardian or carer of the Eligible Child and the Department will not be liable to you for any fees;
b. if the participation fees are less than $50, the balance is not redeemable in cash or to be used towards other fees or items; and
c. the Voucher is not transferable and can only be used for participation fees for the Eligible Child named on the Voucher.
4.3 If a parent, guardian or carer of the Eligible Child presents and redeems a Voucher at the time of registration of that Eligible Child then the Registered Provider must reduce the amount payable for that Eligible Child by the amount of the Voucher presented and redeemed. For the avoidance of doubt, a parent, guardian or carer of the Eligible Child shall not be liable to the Registered Provider for an amount greater than the full cost of participation fees less the value of the Voucher presented and redeemed.
4.4 Without limitation to clause 3.2, the Registered Provider must immediately notify the Department if it becomes aware that an employee, officer or volunteer of the Registered Provider:
a. no longer holds a valid Working With Children Check under the Child Protection (Working with Children) Act 2012 (NSW);
b. is under investigation by any authority for any child-related offence or misconduct (except to the extent that the Registered Provider is prohibited by law from disclosing such information);
c. records a conviction under any child protection legislation; or
d. fails to maintain any industry qualification, training or expertise.
5. Verification
5.1 The Department reserves the right, at its discretion, to verify any information provided as part of the application process by a Provider Applicant or the process for redeeming a Voucher by a Registered Provider. Verification may include, without limitation, any or all of the following:
a. requesting the provision of additional information from the Provider Applicant or Registered Provider; and
b. making enquiries with the parent, guardian or carer of the Eligible Child or any third party referenced by a Provider Applicant as part of the application process.
5.2 You must retain copies of all documents associated with receiving and redeeming a Voucher under the Program for 12 months after receiving the Voucher, to allow for post-redemption verification if required.
5.3 Notwithstanding any other provision of these Terms and Conditions, the Department reserves the right to require additional information or clarification from you or anyone else before proceeding to make a decision about acceptance or redemption of a Voucher.
5.4 You must provide any copies of documents associated with the Program to the Department when requested to do so.
5.5 In addition to any other rights of the Department, failure to comply with the verification requirements under clause 5.1 can result in the termination of your approval as a Registered Provider by the Department.
6. Redemption process
6.1 You can only redeem valid Vouchers online or as otherwise advised by the Department.
6.2 As a Registered Provider you agree:
a. that the nominated banking details provided must be in the name of or under the control of the organisation;
b. that the representative claiming funds on behalf of the Registered Provider must be a duly authorised delegate or officer of the organisation;
c. to maintain the Registered Provider's registration and banking details in the Service NSW Business Profile for the Program to ensure prompt payment of funds;
d. to only redeem Vouchers prior to the expiry date identified on each Voucher;
e. to only claim a Voucher once and provide all information requested during the redemption process; and
f. to contact the Department if any difficulties are experienced in redeeming a Voucher or for non-payment of funds.
6.3 Funds should be transferred into the Registered Provider’s nominated bank account within 3-7 business days from the day of successfully completing the Voucher redemption process, depending on the Registered Provider’s financial institution and providing the correct information has been supplied by the organisation. The Department is not responsible or liable to the Registered Provider where funds are not received into the nominated bank account within 7 business days.
6.4 The Department is under no obligation to re-transfer funds where the Registered Provider has not submitted up-to-date or accurate bank account details, and the transferred funds were not received by the organisation.
6.5 The Department may, in its absolute discretion, make a direct payment to a Registered Provider in circumstances where the Registered Provider is not able to complete the redemption process or errors are made during the redemption process.
7. Repayment obligations
7.1 The Department may require you to repay the Voucher amount redeemed, in the event that:
a. any information provided by you as part of registering as a Registered Provider for the Program or accepting and redeeming a Voucher, is untrue, false, misleading or deceptive;
b. the Eligibility Criteria in clause 3 were not complied with, unless exempted by the Department; or
c. you otherwise have not complied with your obligations in these terms and conditions.
7.2 The Department may, in its absolute discretion, decide that due to the existence of exceptional circumstances an amount repayable under clause 7.1 of these Terms and Conditions is not repayable. In making such a decision, the Department may require you to provide satisfactory evidence about the existence of exceptional circumstances.
7.3 For any amount repayable by a Registered Provider under clause 7.1 the Registered Provider is prohibited from taking any steps to seek to recover part or all of the amount repayable from an Eligible Child or any other person related to the Eligible Child in respect of whom the amount of the Voucher is repayable by the Registered Provider.
8. Closure, suspension or variation of the Program
8.1 The Department reserves the right, at any time, to:
a. vary these Terms and Conditions including, without limitation, the maximum Voucher amount, the number of Vouchers available, the Eligibility Criteria, the process for redeeming the Vouchers or the Program requirements;
b. suspend the operation of, or close, the Program; and/or
c. reduce or extend the period of the Program.
8.2 The impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, may be considered before or as part of any such action that is taken. Any changes to these Terms and Conditions or action taken to suspend or close the Program will be notified on the Office of Sport website.
9. Privacy
9.1 Your privacy is important to us. Please read the First Lap Privacy Statement ("Privacy Statement") which forms part of these Terms and Conditions. The Privacy Statement describes the types of data collected by the Department and its Program delivery partner Service NSW, including information supplied by a Registered Provider, a Provider Applicant, or their authorised representative. This may include personal information about the Registered Provider and Provider Applicant, their office bearers and nominated key contacts and delegates. The Privacy Statement also explains how we may use and disclose personal information for the purposes of the Program. By agreeing to these Terms and Conditions, you acknowledge that personal information may be collected, used and disclosed as described in the Privacy Statement.
9.2 The Department will publish relevant details of Registered Providers (such as organisation name, website, and learn to swim program type) on the Department’s website. Information on the number of Vouchers received by your organisation may also be provided to members of parliament, and relevant sport and recreation organisations.
9.3 Your contact details (or the contact details of your organisation's contact persons) may be used by the Department or its contractors to contact you for the purposes of gathering feedback or participating in a survey on the Program.
9.4 Information collected by the Department and Service NSW as part of the First Lap program is subject to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act), the Health Records and Information Act 2002 (NSW) and other relevant laws. The Privacy Statement explains how individuals can access and correct their personal information, how to lodge a privacy complaint, and how we will deal with privacy complaints.
10. General
10.1 Registered Providers deliver activities under the Program entirely at its own risk.
10.2 The Department is not liable for any injuries that may be sustained by any child while participating in learn to swim program or the organisation's participation in the Program. The Department expressly disclaims all liability, to the extent permitted by law, for any loss, injury, damage or other negative consequence whatsoever whether direct or indirect, which may arise from the Registered Provider’s participation in the Program.
10.3 The Registered Provider indemnifies the Department, its officers and employees against all loss, damage, claims and expenses arising out of, relating to or in connection with any breach of any of these terms and conditions by the Registered Provider, except to the extent that such loss, damage, claims and expenses are caused by the negligent, wrongful or unlawful acts or omissions of the Department, its officers or employees.
10.4 You must not assign or subcontract your rights and obligations under the Terms and Conditions or in relation to a Voucher, without the Department’s written consent.
10.5 No rights under these Terms and Conditions will be waived except by notice in writing signed by the Registered Provider and the Department.
10.6 The First Lap program, all related documents and the legal relationship between the parties are governed by the laws of the State of New South Wales. 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.
10.7 Where the Department has issued a notice to a physical or electronic address provided by you as the Registered learn to swim Provider contact details when registered under the First Lap program, the notification will be deemed to have been received by you:
a. immediately, where delivered by hand;
b. immediately upon receipt of electronic transmission confirmation; or;
c. 7 business days from date of posting.
10.8 A Registered Provider must provide any information and reporting regarding its activities under the Program required by the Department.
10.9 If requested at any time (including after the completion of its participation in the Program), the Registered Provider must participate in research and evaluation activities undertaken by the Department or its contractors in relation to the Program.
10.10 The Registered Provider consents to receive information, including marketing and promotional material, from the Department in relation to the Program.
10.11 The Registered Provider must comply with any reasonable request or direction from the Department 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.
10.12 The Department may at any time by notice, at its absolute discretion, terminate the participation of a Registered Provider and/or any of its employees, officers or volunteers in the Program.
10.13 Without limitation to clause 10.12, where a Registered Provider breaches any of these terms and conditions, the Department may, at its absolute discretion, terminate participation of the Registered Provider and/or any of its employees, officers or volunteers in the Program.