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 Registered Providers, approved programs and payment for redeemed Vouchers in accordance with these Terms and Conditions and the Terms and Conditions for Providers Registered for the Creative Kids program
c. Creative Activity or Activities means one or more of the categories of creative activity listed in the Guidelines
d. Approved Program means an activity that meets the criteria in clause 5
e. Eligibility Criteria means the criteria to be eligible to apply for a Voucher as outlined in clause 3
f. Eligible Applicant in relation to an application for a Voucher naming an Eligible Child means a person who is the parent, guardian or carer of the Eligible Child, or the Eligible Child if they are 15 or more years old
g. Eligible Child means a child who at the time of application:
- is between the ages of 4.5 and 18 (inclusive);
- is enrolled in school or equivalent;
- is a resident of NSW; and
- holds or whose parent, guardian or carer holds a valid Medicare Card with the child’s name on it
h. Guidelines means the Creative Kids Provider Program Guidelines – PDF
i. Registered Provider means an organisation that is currently listed by the Agency as a registered provider for the Creative Kids program
j. Voucher means a voucher issued by the Agency to an Eligible Applicant 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 Activity
k. Online Program means programs delivered in real-time (live) through online platforms including but not limited to Skype, Zoom, YouTube, Vimeo, Microsoft Teams and Google Hangouts and must have no more than twenty (20) participants per lesson
l. Creative items/materials means any items that are required to participate in a lesson. This includes but is not limited to paints, books, stationery, canvases, clothing, uniforms, leotards, instruments, or other equipment.
m. Art kits/packs or Creative kits/packs means a collection of one or more creative items/materials.
2. Application
2.1 These Terms and Conditions apply to the application for and use of a Voucher under the Creative Kids program. By submitting an application for a Voucher, you agree to be bound by these Terms and Conditions.
3. Eligibility Criteria
3.1 To be eligible to receive a Voucher naming a particular child, you must:
a. be an Eligible Applicant;
b. not have redeemed a Voucher in the period 1 January to 30 June 2023 that names the child (unless any such Voucher was reissued);
c. have complied with the Terms and Conditions of any Voucher issued to you in the previous calendar year, if any; and
d. apply to the Agency by using the application on the Agency’s website.
3.2 If a child is not an Eligible Child because they or their parent, guardian or carer does not hold a valid Medicare Card with the child’s name on it, the child may nevertheless be treated as an Eligible Child in special circumstances with the agreement of the Agency.
Note: In special circumstances where the child or young person does not hold a valid Medicare Card, please contact the Agency to discuss the child’s eligibility further.
4. Vouchers
4.1 If the Agency is satisfied that you meet the Eligibility Criteria, the Agency will issue you with a Voucher that:
a. names the child identified in your application;
b. states a monetary value of the voucher, and
c. states an expiry date.
4.2 The monetary value and expiry date will be at the discretion of the Agency.
4.3 A Voucher can be used to pay a Registered Provider for part or all of the fees for the child named on the Voucher. A Voucher must not be used to pay a provider who was not a Registered Provider at the time the Approved Program was undertaken.
4.4 You can only use a Voucher to pay participation fees charged by a Registered Provider for the named Eligible Child taking part in the Approved Activity.
4.5 You acknowledge and agree that:
a. if the participation fees are more than the value of the Voucher, you will be required to pay the difference;
b. if the participation fees are less than the value of the Voucher, the Agency will reimburse the provider for the actual cost of the participation fees only. The balance is not redeemable in cash or towards the participation fees for another Approved Activity;
c. the Voucher is not exchangeable or redeemable for cash;
d. the Voucher is not transferable under any circumstance and can only be used for participation fees for the Eligible Child named on the Voucher prior to the expiry date;
e. The Voucher will expire if it is not redeemed with a Registered Provider by the expiry date stated on the Voucher.
4.6 You may request in writing to the Agency for a Voucher to be re-issued in extenuating circumstances. 'Extenuating circumstances' may include injury, illness or where the Registered Provider has not fulfilled their obligations under the Terms and Conditions of the Creative Kids program. 'Extenuating circumstances' does not include when the parent, guardian or carer is unaware of the Voucher expiry date. You may be asked to provide the Agency with evidence to determine if 'extenuating circumstances' exist.
4.7 You will receive notification from the Agency whether your request to re-issue a Voucher is approved. If approved, you must retain the confirmation provided by the Agency.
4.8 After receipt of the written confirmation, and within the validity period in which the request to re-issue a Voucher is made, you can submit a request for a replacement Voucher.
4.9 You are responsible for making your own enquiries with the Registered Provider to discuss participation information; including the availability of activities, additional costs, session times, restrictions, or any other requirements.
4.10 You will still be required to complete and comply with the Registered Provider's participation processes, rules and regulations.
4.11 Once a Voucher has been redeemed with a Registered Provider, you are not entitled to a refund of the participation fee equivalent to the Voucher amount under any circumstances, even if the Eligible Child does not participate in the activity.
4.12 If, after redeeming a Voucher with a Registered Provider for an Approved Program, you wish to transfer the named child to another Approved Program with a different Registered Provider, it is up to the current provider to permit the transfer of the named child and the voucher amount. The decision to transfer the Voucher amount remains with the original provider.
4.13 Where the Providers agree to a transfer of the redeemed Voucher amount, you are not entitled to a refund of any part of the Voucher amount if the fees for the new Approved Program are less than the Voucher amount. If the fees for the new Approved Program are higher than the Voucher amount, you will be required to pay any difference.
5. Approved Program
5.1 An Approved Program is a structured, focused program with clear creative skill development outcomes, delivered in real-time (live). The primary purpose is for children to learn or participate in interactive creative or cultural activities. The program must demonstrate value for money and be relevant to the age and skill level of participants. It must deliver on one of the Eligible Activities listed in the Guidelines.
The following are eligible program delivery formats:
a. In-person programs that involve learning and developing a specific creative skill (private or group based).
- Creative materials are permitted for in-person programs if the items are being borrowed or used during the lesson for the purpose of developing a final artwork to take home (e.g. canvas). Only the final artwork can be taken home, not the creative materials that were used/borrowed to make the artwork. Art kits and/or unused Creative materials are not permitted for inclusion in any programs.
b. Online programs that involve learning and developing a specific creative skill (private or group-based).
- Online programs must be delivered in real-time and be interactive.
- Online programs must have no more than twenty (20) participants per lesson.
- Online programs must be delivered by an individual or business based in NSW (online programs cannot be delivered from outside NSW, including interstate border towns).
- Creative materials or art kits are not permitted for inclusion within online programs.
c. Cultural and creative learning experience programs that provide skills and knowledge of cultural identity, for example, Aboriginal cultural learning workshops.
d. Membership fee-based programs that include a structured creative arts program
e. Performance/exhibition-based programs that are delivered either in person or online must be followed by:
- an interactive workshop, or
- a masterclass or question time, relating to skills and artform development.
f. Programs that support or link to the school curriculum, and co-curricular/extra-curricular activities.
Note: Vouchers cannot be redeemed for creative items, art kits, and creative kits. This includes but is not limited to paints, books, stationery, canvases, clothing, uniforms, leotards, instruments, or other equipment.
6. Obligations for an Eligible Applicant
6.1 In applying for a Voucher, you warrant and agree that:
a. you are an Eligible Applicant;
b. you meet the Eligibility Criteria;
c. all the information provided in the application process is true and correct; and
d. you will comply with these Terms and Conditions.
7. Your sole responsibility
7.1 You agree that you are solely responsible for:
a. ensuring that you understand these Terms and Conditions, including the Eligibility Criteria;
b. decisions taken in relation to costs, expenses, obligations or liabilities incurred in relation to, or as a result of participating in an Approved Program;
c. confirming with the provider prior to presenting the Voucher: the provider rules; participation opportunities available to the child at the organisation; participation fee inclusions and exclusions; attendance requirements; additional costs and/or requirements with participating in the activity; and Office of the Children’s Guardian ‘child-safe’ practices have been adopted; and
d. the suitability of the Registered Provider to deliver the Approved Program.
7.2 Without limiting anything elsewhere in these Terms and Conditions, the Agency will not be responsible or liable to you as the applicant or to the Eligible Child, to the maximum extent permitted by law, for any of the matters described in this clause 5.1 or any other matter arising out of the participation by a child in any activity.
7.3 The fact that a provider is a Registered Provider does not constitute and must not be understood as a representation by the Agency of any kind about the suitability, quality or safety standard of the services provided by that Registered Provider.
8. Privacy
8.1 Your privacy is important to the Agency. 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 Service NSW, including information supplied by a parent/guardian/carer) as part of the participation by that person and the Eligible Child in the Creative Kids program (for example, applying for and redeeming Vouchers, or any feedback or survey responses in relation to the Program). The Privacy Statement also explains how the Agency may use and disclose personal information for the purposes of the Program, including disclosures to Registered Providers, research partners and contracted service providers. By agreeing to these Terms and Conditions, you acknowledge and agree to the collection, use and disclosure of personal information relating to you and your child, as described in the Privacy Statement.
8.2 If you do not provide information requested in the Voucher application process, the Agency may not be able to process your application and issue a Voucher.
8.3 Information collected by the Agency 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 you may access and correct your personal information, how you can lodge a complaint relating to the handling of your personal information, and how the Agency will deal with your complaint.
9. Verification
9.1 The Agency has the right, at its discretion, to verify any information provided as part of the application for a voucher. Verification may include, without limitation, any or all of the following:
a. requesting the provision of additional information;
b. making enquiries with the relevant Registered Provider;
c. confirmation that the Eligibility Criteria have been met.
9.2 You must retain copies of all documents associated with receiving and using a Voucher for 12 months after receiving the Voucher, to allow for post-redemption verification if required.
9.3 Notwithstanding any other provision of these Terms and Conditions, the Agency reserves the right to require additional information or clarification from you, or anyone else before making a decision about whether to issue a Voucher or accept redemption of a Voucher.
10. Repayment obligations
10.1 You must pay the Agency the value of any Voucher that you redeem if any information provided as part of your application for a Voucher (including any information provided as part of the Agency verifying your application) is untrue, false or misleading.
10.2 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 the parent/guardian/carer to provide satisfactory evidence about the existence of exceptional circumstances.
11. Closure, suspension or variation of Creative Kids program
11.1 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, process for redeeming the Vouchers and Creative Kids program requirements;
b. suspend the operation of, or close, the Creative Kids program;
c. alter or change the number of rounds per year or the opening and closing date for voucher application; or
d. reduce or extend the period of the Creative Kids program.
11.2 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.
12. General
12.1 The Agency is in no way responsible or accountable for any decisions made by the Registered Provider at any time, nor is the Agency liable to anyone for any injuries that may be sustained while participating in an activity. The Agency expressly disclaims all liability, to the extent permitted by law, for any loss, damage or other consequence whatsoever whether direct or indirect, which may arise from the Eligible Child participating in the Approved Program.
12.2 You must not assign or subcontract your rights and obligations under these Terms and Conditions or in relation to a Voucher, without the Agency’s prior written consent.
12.3 No rights under these Terms and Conditions will be waived except by notice in writing signed by both you and the Agency.
12.4 The Creative Kids program and all related documents are governed by the laws of the State of New South Wales.
12.5 Where the Agency has issued a notice to the email address provided as part of the Voucher application process, the notification will be deemed to have been received by you immediately upon receipt of electronic transmission confirmation.
12.6 The Agency does not take responsibility to guarantee the service of the Registered Provider.