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Terms and Conditions for Providers Registered for the Creative Kids program

1. Definitions

1.1 The following definitions apply to these Terms and Conditions:

a. Agency means Service NSW

b. Creative Kids program means the program administered by the Agency involving the provision of Vouchers, registration of Providers and Approved Programs, and payment for redeemed Vouchers in accordance with these Terms and Conditions and the Creative Kids Recipient Terms and Conditions

c. Creative Activities means the categories of creative activity listed in the Guidelines.

d. Approved Program means a program of classes, workshops seminars etc, that delivers on an eligible Creative Activity, that meets the criteria under clause 5, and that has been approved by the Agency

e. Eligibility Criteria means the eligibility criteria under clause 3

f. Registered Provider means a person that is registered by the Agency as a Registered Provider for the Creative Kids program (also referred to as “Provider” or “You” in these Terms and Conditions)

g. Eligible Child means a Child eligible to be named on a Voucher under the Creative Kids program (also referred to as “Child” in these Terms and Conditions)

h. Voucher means a voucher issued by the Agency to an Eligible Child that can be used to pay for an amount charged by a Registered Provider for the Child named on the Voucher participating in an Approved Program

i. Permitted Border Town means any of the following:

  • Canberra and surrounding suburbs (ACT)
  • Coolangatta (QLD)
  • Wodonga (VIC) 
  • Echuca (VIC)
  • Mildura (VIC)

j. Physical presence means the below criteria is met:

  • The provider has an ABN registered to a NSW address and has maintained that continuously for twelve months or more; and
  • The provider has maintained an office or franchise in NSW continuously for twelve months or more; and
  • The provider employs at least one NSW resident who permanently resides and works in NSW on a part-time or full-time basis; and
  • The program is delivered in NSW.

2. Application

2.1 These Terms and Conditions apply to applications for registration as a Registered Provider and the acceptance and redemption of Vouchers by Registered Providers under the Creative Kids program. By submitting an application to become a Registered Provider, you agree to be bound by these Terms and Conditions.

3. Eligibility criteria

3.1 To be eligible to be registered by the Agency as a Registered Provider under the Creative Kids program, you must meet all of the following criteria:

a. Deliver an approved program in an Eligible Creative Activity.

b. Have a ‘physical presence’ in NSW, or in a Permitted Border Town. If you deliver an eligible activity in a border town not listed in the definition at 1.1 j), please contact creativekids@create.nsw.gov.au to discuss eligibility before applying.

c. Hold a current ABN and must not have any outstanding actions or enforcement orders recorded by the Office of Fair Trading or Australian Securities and Investment Commission (ASIC).

d. Ensure all staff and volunteers hold the relevant skills, experience, or qualifications for low risk activities they provide, and/or appropriate accreditation for high risk activities.

e. Be compliant with current New South Wales child protection legislation, including any requirements under the NSW Child Protection (Working with Children) Act 2012.

f. Complete the Child Safe Organisation eLearning module or demonstrate that the Provider has participated in Child Safe Workshop administered by the Office of the Children’s Guardian.

g. Hold current public liability insurance appropriate to the type and level of activities being delivered; and

h. Upon request, promptly provide the Agency with satisfactory evidence that public liability insurance is in place. This may include certificates of currency, current policy wordings or written confirmation from the insurer or insurance broker stating the relevant insurance is current and complies with this clause.

i. If any component of the Approved Program is sub-contracted to another entity to perform, the Provider shall ensure such sub-contractors also hold the relevant skills, experience or qualification; be compliant with current New South Wales child protection legislation; and maintain public liability insurance.

3.2 NSW public, private and denominational schools are ineligible to be a Registered Provider.

3.3 If you apply to become a Registered Provider but do not have a physical presence in NSW, the Agency may nevertheless register you as a Registered Provider if the Agency decides that it is appropriate to do so. This is discretionary and will be decided on a case by case basis and may include situations where your ABN has changed due to a change in business structure, or you are a new NSW business.

4. Registration and de-registration

4.1 The Agency will register you as a Registered Provider if you submit an application using the form on the Agency website and the Agency is reasonably satisfied that you meet the Eligibility Criteria.

4.2 The Agency may contact you during the application process to discuss the application and may need to refer to other Government agencies to complete the Provider assessment.

4.3 If, after becoming registered, the Agency is reasonably satisfied that:

a. you cease to satisfy the Eligibility Criteria;

b. you contravene any of these Terms and Conditions; or

c. an allegation or complaint of serious misconduct is made against you or any staff of your organisation,

The Agency may remove your registration as a Registered Provider with immediate effect and notify you in writing.

4.4 Should your organisation’s situation change so that the organisation no longer meets the Eligibility Criteria, or there are serious misconduct allegations against the organisation, an authorised representative must notify the Agency immediately.

5. Approved Program

5.1 An Approved Program is a structured, focused program with clear creative skill development outcomes. The primary purpose is for children to learn or participate in a specific creative or cultural activity. The activity must demonstrate value for money and be relevant to the age and skill level of participants. It must deliver on one of the Creative Activities listed in the guidelines. The program may take the form of

a. Learning and developing a specific creative skill (private or group based) delivered in person or online* through a set of lessons/activities/workshops and/or performances/events. 

b. Cultural and creative learning experiences that provide skills and knowledge of cultural identity, for example, Aboriginal cultural learning workshops. Experiences may be delivered in person or online. 

c. Membership fees or hiring instruments/equipment that are part of a structured program.

d. Participation and learning activity package, such as a concert/performance/exhibition tour, delivered in person or online* followed by:

  • an interactive workshop
  • masterclass or question time relating to skills and artform development.

e. Activities that support or link to the school curriculum, including co-curricular/extra-curricular activities and incursions/excursions.

f. Individual items such as instruments, arts and craft supplies or other equipment/materials are eligible when accompanied by an instructional program/lesson plan to guide, and an opportunity for students to ask questions or seek lesson support from an educator/artist. The supporting educator must have demonstrated qualifications or experience in the relevant field.

g. Online activities and programs include those delivered through video hosting platforms (e.g. Google Hangouts, Microsoft Teams, Skype, Vimeo, YouTube, Zoom) and webinars (e.g. access to pre-recorded material). To be eligible for Creative Kids, all online programs must:

  • allow for participants to ask questions or seek lesson support. This can be via phone, email, live video or an online messaging platform.
  • be delivered by an individual or business based in NSW (online programs cannot be delivered from outside NSW, including interstate border towns, unless the provider is unable to deliver face to face programs due to COVID-19 restrictions, or their programs are comprised of both face to face and online elements).

5.2 If a Provider applies to become a Registered Provider during the COVID-19 pandemic and does not fall within one of the above delivery formats, the Agency may nevertheless register you as a Registered Provider if the Agency decides that it is appropriate to do so.

6. Accepting and claiming Vouchers

6.1 Once you are registered as a Registered Provider, you may accept Vouchers as payment of part or all of the fees for the Child named on the Voucher participating in an Approved Program.

6.2 You may only accept a Voucher as payment in relation to the Child named on the Voucher once per calendar year.

6.3 You may be a Creative Kids Provider and an Active Kids Provider for the same approved program (for example, a dance school). Vouchers can be redeemed for separate programs, or for the same program within separate terms.

6.4 You may only accept a Voucher as payment towards participation fees that you charge. Packages where these individual items are included in order to deliver the activity are eligible). 

6.5 If you accept a Voucher from a person in relation to a Child, the Voucher must be presented to you and accepted by you before the Child named on the Voucher participates in the Approved Program.

6.6 You must not accept a Voucher as payment unless prior to agreeing to provide the Approved Activity to the named Child, you discussed with the Child’s parent, carer or guardian:

i. any participation rules;

ii. participation fee inclusions and exclusions;

iii. attendance requirements; and

iv. additional costs and/or requirements with participating in the activity.

6.7 You must not increase the fees charged by you for a Child’s participation in an Approved Program on the basis that payment is being made partly or wholly with a Voucher.

6.8 When you accept a Voucher, you may claim a payment from the Agency of:

a. $100, where the fee charged by you for the named Child participating in an Approved Program is $100 or more

b. the actual amount of the fee, where the fee charged by you for the named Child participating in an Approved Program is less than $100.

6.9 You may only claim a payment in connection with a Voucher if you make the claim using the process on the Agency’s website before the expiry date stated on the Voucher.

6.10 The date of birth of the Child is required for validation of the Voucher. This information does not appear on the Voucher, and it is the responsibility of the Provider to obtain date of birth from the Eligible Applicant or the Child.

6.11 The Agency is not obliged to and may decline to pay an amount claimed by you if you do not properly complete the process for claiming Vouchers on the Agency’s website or if any of the information provided by you is incorrect.

6.12 As a Registered Provider you acknowledge that:

a. if the participation fees are more than $100, you are responsible for obtaining the balance from the parent/guardian/or carer;

b. if the participation fees are less than $100, 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.

6.13 When you make a claim for payment in connection with a Voucher it is the responsibility of the Provider to ensure:

a. all details in the Service NSW Business Account for the Creative Kids program are accurate to ensure prompt payment of funds;

b. that the nominated banking details provided are in the name of or under the control of the Provider;

c. that the representative claiming funds on behalf of the Registered Provider is a duly authorised delegate or officer of the organisation; and

d. You should contact the Agency if you have any difficulties in redeeming a Voucher.

6.14 After you submit a valid and complete claim for payment, the Agency will make the payment into the nominated bank account.

6.15 The payment made by the Agency should be received by you between 3 and 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 Provider. The Agency is not responsible or liable to the Registered Provider where funds are not received into the nominated bank account within 7 business days. This time frame is subject to the Agency’s right to take steps under clause 8 (Verification).

6.16 The Agency 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 for any reason.

7. Obligations of Registered Providers

7.1 If you become a Registered Provider, you warrant and agree:

a. that you will continue to meet the Eligibility Criteria for registration;

b. that you will keep full and accurate records of all transactions involving the acceptance of Vouchers or claiming of payments from the Agency; and

c. that you will comply with these Terms and Conditions.

8. Verification

8.1 Notwithstanding any other provision of these Terms and Conditions, the Agency may require you to provide additional information or documents to the Agency before making a decision about registering you as a Registered Provider or making a payment to you.

8.2 The Agency may at any time take steps to verify any information provided as part of your application to be registered as a Registered Provider or as part of a claim for payment for a Voucher. These steps may include, without limitation, any or all of the following:

a. requesting that you provide specified information or documents to the Agency; and

b. making enquiries with the parent, guardian or carer of a Child.

8.3 You agree to comply with any verification request made by the Agency.

8.4 You must retain copies of all documents associated with accepting and redeeming a Voucher for 12 months after receiving the Voucher, to allow for post-redemption verification if required.

8.5 You must provide any copies of any documents associated with the Creative Kids program to the Agency when requested to do so.

8.6 If you fail to comply with any requirement or request made by the Agency under these Terms and Conditions, the Agency may, at its complete discretion:

a. refuse to register you as a Registered Provider;

b. remove your registration as a Registered Provider; or

c. refuse to make a payment to you.

9. Repayment obligations

9.1 You agree to repay to the Agency any amount paid to you by the Agency, in the event that:

a. any information provided by you as part of registering as a Registered Provider with the Creative Kids program or accepting and redeeming a Voucher, was untrue, false or misleading;

b. the Eligibility Criteria in clause 3 were not complied with; or

c. you have not complied with your obligations contained in clause 7.

9.2 The Agency may, in its absolute discretion, decide that due to the existence of exceptional circumstances an amount repayable under clause 9.1 of these Terms and Conditions is not repayable. In making such a decision, the Agency may require you to provide satisfactory evidence about the existence of exceptional circumstances.

10. Closure, suspension or variation of Creative Kids program

10.1 Information collected by the Agency and the NSW Government as part of the Creative Kids program is subject to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and other relevant laws.

10.2 The Agency reserves the right, at any time, to:

a. vary these Terms and Conditions, including the maximum Voucher amount, the number of Vouchers available, the Eligibility Criteria, the process for redeeming the Vouchers or the Creative Kids program requirements;

b. suspend the operation of, or close, the Creative Kids program; and

c. reduce or extend the period of the Creative Kids program.

10.3 The impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, will be considered before any such action is taken. Any changes to these Terms and Conditions or action taken to suspend or revoke the Creative Kids program will be notified on the Agency's website: Creative Kids.

11. Privacy

11.1 Your privacy is important to us. Please read the Creative Kids Program Privacy Statement ("Privacy Statement") which forms part of these Terms and Conditions. The Privacy Statement describes the types of data collected by the Agency including information supplied by a Registered Provider, an organisation applying to become a Registered Provider, or their authorised representative. This may include personal information about the Provider/organisation (if they are a sole trader), 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.

11.2 The Agency will publish relevant details of approved applicants (such as organisation name, website, and activity) on the Agency’s website. Information on the number of Vouchers received by your organisation may also be provided to members of parliament, and relevant organisations.

11.3 Your contact details (or the contact details of your organisation's contact persons) may be used by the Agency or its contractors to contact you for the purposes of gathering feedback or participating in a survey on the Creative Kids program.

11.4 Information collected by the Agency and Service NSW as part of the Creative Kids program is subject to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) 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.

12. General

12.1 The Agency is not liable for any injuries that may be sustained by any Child while participating in an activity or an organisation's participation in the Creative Kids program. The Agency 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 Creative Kids program.

12.2 You must not assign or subcontract your rights and obligations under the Terms and Conditions or in relation to a Voucher, without the Agency’s written consent.

12.3 The Creative Kids program, all related documents and the legal relationship between the parties are governed by the laws of the State of New South Wales.

12.4 Where the Agency has issued a notice to a physical or electronic address provided by you as the Registered Provider contact details when registered under the Creative Kids 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. Seven business days from date of posting.

12.4 The Provider is solely responsible for any and all costs incurred as a result of applying, becoming or being a Creative Kids Provider. This includes, but is not limited to:

a. operational or business-related costs in order to develop eligible Creative Kids programs;

b. any costs, including but not limited to travel, staffing, equipment, Working With Children Check, services associated with applying to be a Creative Kids provider;

c. any costs, including but not limited to travel, staffing, equipment, Working With Children Check, services associated with delivering Creative Kids activities.