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1. Application and acceptance of Terms and Conditions

1.1 The Department of Customer Service, Service NSW, Revenue NSW, the Commonwealth Government and NSW Treasury are delivering the COVID-19 JobSaver Payment Program ('the Program’). Under the Program, businesses (including non-employing businesses such as non-employing sole traders) and not-for-profit organisations, impacted by the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 (“Public Health Order”) in the period from 26 June 2021 until the Program ends (as notified on the Service NSW website) can apply for fortnightly payments to cover business costs, including salaries and wages.

1.2 Payments made under the Program will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 ('GSF Act'). The conditions in clause 4.1 are conditions that will be imposed by the Minister for Customer Service or his delegate on the making of the payment under section 5.7(2) of the GSF Act. If any of the conditions in clause 4.1 are contravened, the payment may be recovered from the recipient by the Crown as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.​​​​​​

1.3 By applying to receive payments under the Program, businesses and not-for-profit organisations agree to be bound by these Terms and Conditions.

1.4 Certain businesses are ineligible for the Program. Ineligible businesses are listed in Attachment B of the Program Guidelines available on the Service NSW website. 

1.5 Additional information about the type of documentation and evidence required to apply for payments under the Program is available on the Service NSW website.

2. Definitions and interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires:

2021 COVID-19 Business Grants means the scheme delivered by DCS, Service NSW, the Commonwealth Government and NSW Treasury to support businesses and not-for-profit organisations with a one-off payment to help meet unavoidable business costs incurred from 1 June 2021 to 17 July 2021 due to the impacts of the Public Health Order.

ABN means an Australian Business Number.

Aggregated Annual Turnover means aggregated turnover as defined in s. 328.115 of the Income Tax Assessment Act 1997 (Cth). Aggregated turnover includes the annual turnovers of entities (including foreign entities) that are connected with or affiliates of the business entity.

Business means an entity carrying on a business as per the Corporations Act 2001 (Cth) with an ABN.

Commonwealth COVID-19 Disaster Payment means a lump sum payment to support a worker who is unable to earn income having lived in, worked from or visited a Commonwealth declared COVID-19 hotspot and is adversely affected by a state public health order, for example due to a lockdown, hotspot or period of restricted movement of more than 7 days duration.

DCS means the Crown in the right of the State of NSW acting through the Department of Customer Service.

Eligible Expenses means any costs related to help a business or not-for-profit to survive, maintain relationships with their employees and be in a position to trade when restrictions are lifted, including, but not limited to, the following expenses:

  • salaries and wages;
  • utilities and rent;
  • financial, legal or other advice;
  • marketing and communications;
  • perishable goods; or
  • other business costs.
  •  and any other costs permitted by the Program Guidelines.

Employee Headcount means the total number of  persons employed in New South Wales and who are permanent (full- or part-time) or casual staff who have been employed for more than 12 months by the business or not-for-profit organisation as at 13 July 2021, or as at the start of the fortnight in which the business or not-for-profit organisation first experienced the Required Decline in Turnover.

Employing business means a business entity with employees.

GSF Act means the Government Sector Finance Act 2018 (NSW).

GST Act means the A New Tax System (Goods and Services Act) 1999 (Cth).

Highly Impacted Industries means the industries listed in Attachment A and as amended in the Program Guidelines from time to time.

JobSaver Extension industries means the industries listed in Attachment B to these Terms and Conditions.

JobSaver Extension Employee Headcount means the total number of persons employed in New South Wales and who are permanent (full- or part-time) or casual staff who have been employed for more than 12 months by the business as at the day immediately prior to the month they first experienced the JobSaver Extension Required decline in turnover.

JobSaver Extension Required Decline in turnover is defined in clause 3.7(c) of these Terms and Conditions.

Ineligible Businesses means the businesses listed as “ineligible businesses” in the Program Guidelines available on the Service NSW website.

Non-employing Business means a business owner who does not have employees. This may include a range of entity types, such as non-employing sole traders or any other businesses without employees.

Not-for-profit organisation means an entity whose principal objective is not the generation of profit. A not-for-profit organisation can be a single entity or a group of entities comprising the parent entity and each of the entities that it controls.

Payroll means the Australian Tax Office (ATO) concept of total salary, wages and other payments, as declared at W1 in the business’s Business Activity Statement (BAS) which will be applied to employees who normally perform work, or are located, in NSW. This includes wages, salaries and other payments that are subject to PAYG withholding tax (that is, allowances, leave loading, director fees and termination payments) but does not include payments such as: superannuation contributions, amount subject to salary sacrifice, interest or dividends.

Practitioner means:

  • a qualified accountant as defined in the Corporations Act 2001
  • a registered tax agent as defined under the Tax Agent Services Act 2009; or
  • a registered BAS agent as defined under the Tax Services Act 2009.

Program Guidelines refers to the guidelines for businesses and not-profit organisations making an application under the Program available on the Service NSW website.

Public Health Order means the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021 (previously named the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 and replaced by the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021) made pursuant to s. 7 of the Public Health Act 2010 that commenced on 26 June 2021.

Required Decline in Turnover means a decline in Turnover of 30 per cent or more due to the Public Health Order over a minimum two-week period from 26 June 2021 to 30 July 2021 compared to the same period in 2019, 2020 or the two weeks immediately prior to any restrictions (12 June to 25 June 2021 inclusive).

Revenue NSW means the Crown in the right of the State of New South Wales acting through Revenue NSW.

Service NSW means the Crown in the right of the State of New South Wales acting through Service NSW.

Terms and Conditions means these Terms and Conditions for participation in the Program.

Treasury means the Crown in the right of the State of New South Wales acting through NSW Treasury.

Turnover means the current GST turnover as defined by the Income Tax Assessment Act 1997 (Cth) and the GST Act, subject to the following modifications:

  • section 188-15 of the GST Act applies as if a reference to a month is a reference to a fortnight;
  • subsection 188-15(1) of the GST Act is to be applied at the end of the fortnight;
  • subsection 188-15(1) of the GST Act has effect as if the reference in that subsection to “, or are likely to make, during the 12 months ending at the end of that month,” were instead a reference to “during that fortnight”;
  • subsection 188-15(2) of the GST Act (about members of GST groups) is to be disregarded;
  • each external Territory is treated as forming part of the indirect tax zone (within the meaning of the GST Act).

2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to 'person' includes a natural person, company, body corporate or other form of legal entity, and reference to 'including' and 'includes' and 'for example' is to read as if followed by 'without limitation'.

2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

3. Application to receive a payment under the Program

Payment details

3.1 A business or not-for-profit organisation can apply for payments via the MyServiceNSW Business Profile within the MyServiceNSW Account. An application may be made by:

(a) an owner of the business or a person authorised to apply on their behalf, or

(b) a person authorised to apply on behalf of a not-for-profit organisation.

3.2 If an application is approved, an Employing business or not-for-profit organisation will receive fortnightly payments:

(a) equivalent to the value of 40 per cent of their weekly Payroll for employees who usually worked, or were based, in New South Wales provided:

i. The minimum payment will be $1,500 per week;

ii. The maximum payment will be $100,000 per week; and.

(b) for the period from 18 July 2021 for the duration of the restrictions in the Public Health Order or as prescribed in the Program Guidelines.

3.3 A Non-employing Business can apply for a payment of $1,000 per week for the period from 18 July 2021 for the duration of the restrictions in the Public Health Order or as prescribed in the Program Guidelines.

JobSaver Extension payment details

3.4 If an application is approved, an Employing business operating in a JobSaver extension industry will receive fortnightly payments:

(a) equivalent to the value of 40 per cent of their weekly Payroll for employees who usually worked, or were based, in New South Wales provided:

i. the maximum payment will be $300,000 per week for businesses with an aggregated annual turnover of between $250 million and up to $500 million; or

ii. the maximum payment will be $500,000 per week for businesses with an aggregated annual turnover more than $500 million and up to $1 billion;

(b) for the period from 18 July 2021 for the duration of the restrictions in the Public Health Order or as prescribed in the Program Guidelines.

Eligibility

3.5 An Employing business or not-for-profit organisation may be eligible for a payment if it:

(a) has an Australian Business Number (ABN) registered in New South Wales, or it can demonstrate it was operating in New South Wales, as at 1 June 2021;

(b) had a Aggregated Annual Turnover of between $75,000 and $250 million (inclusive) for the year ended 30 June 2020;

(c) experienced a decline in turnover (“Required Decline in Turnover”) of 30 per cent or more due to the Public Health Order over a minimum two-week period commencing 26 June 2021 compared to:

i. the same period in 2019,

ii. the same period in 2020; or

iii. the two-week period immediately prior to the commencement of the Public Health Order (12-25 June 2021); and

(d) maintains its Employee Headcount while they continue to receive payments under the Program.

3.6 A Non-employing Business may be eligible for a payment if:

(a) the business is the primary income source for its owner;

(b) it meets the criteria in clause 3.4(a)-(c);

(c) where an individual owns or operates more than one non-employing business, an application for payment is made in respect of one non-employing business only; and

(d) no persons associated with the business, and who derive income from it, have received a Commonwealth COVID-19 Disaster Payment for the same period.

JobSaver Extension eligibility

3.7 An Employing business operating in a JobSaver Extension industry may be eligible for a payment if it:

(a) has an Australian Business Number (ABN) registered in New South Wales, or it can demonstrate it was operating in New South Wales, as at 1 June 2021;

(b) had a Aggregated Annual Turnover of between $250 million and $1 billion (inclusive) for the year ended 30 June 2020;

(c) experienced a decline in turnover due to the Public Health Order of:

i. 50 per cent or more for businesses with aggregated annual turnover of between $250 million and up to $500 million; or

ii. 70 per cent or more for businesses with aggregated annual turnover of between $500 million and up to $1 billion;

during a one month period starting from 26 June 2021, compared to:

iii. the same period in 2019, or

iv. another agreed period.

(“JobSaver Extension Required Decline in Turnover”)

(d) maintains its JobSaver Extension Employee Headcount while they continue to receive payments under the Program; and

(e) operates (or one of the entities in a group operates) in one of the JobSaver Eextension industries.

Evidence requirements

3.8 A business or not-for-profit organisation in a Highly Impacted Industry applying for a maximum weekly payment of $10,000 or less must: 

(a) declare that they experienced the Required Decline in Turnover;

(b) declare their Employee Headcount;

(c) either:

i. for an Employing business, declare they will maintain their Employee Headcount for the period for which the business is receiving payments under the Program and notify Service NSW if there is any reduction in Employee Headcount during that period, due to any actions of the business or not-for-profit organisation; or

ii. for a Non-employing Business, declare that the business is the primary income source for the owner;

(d) submit an Australian income tax return  or other documentation to demonstrate the business had an Aggregated Annual Turnover of between $75,000 and $250 million (inclusive) for the year ended 30 June 2020, however there is no requirement to disclose tax file numbers and businesses should redact their tax file number where possible;

(e) provide details of their Practitioner for compliance checking;

(f) submit the following evidence of the calculation of weekly Payroll:

i. for businesses and not-for-profit organisations that submit a BAS with a W1 amount (wages and salaries) recorded:

  • their most recent BAS that was submitted to the ATO prior to 26 June 2021 within the 2020-21 financial year;

ii. for businesses and not-for-profit organisations that submit a BAS without a W1 amount (wages and salaries) recorded:

  • their 2019-20 NSW payroll tax reconciliation return and copies of the payroll report/s filed with the ATO using single touch payroll, after redacting all personally identifiable information;

iii. for businesses and not-for-profit organisations that do not submit a BAS: 

  • copies of the payroll report/s filed with the ATO using single touch payroll, after redacting all personally identifiable information;

iv. for businesses and not-for-profit organisations that do not submit a BAS or payroll reports using single touch payroll:

  • contact Service NSW to discuss alternate evidence of wages and salaries; and

(g) submit other supporting documents as required to demonstrate that they meet the eligibility criteria in clause 3.5 or 3.6, where applicable.

3.9 A business or not-for-profit organisation in a Highly Impacted Industry applying for a maximum weekly payment of more than $10,000, or a business or not-for-profit organisation not in a Highly Impacted Industry must: 

(a) meet the evidence requirements in clause 3.8(b), (c), (d), (f) and (g); and

(b) submit evidence, in accordance with the requirements of clause 3.10, that they experienced the Required Decline in Turnover.

3.10 The evidence required as mentioned in clause 3.9(b) must be:

(a) for a non-employing accounting business a letter from a Practitioner that is not an employee or director of the business, an associated entity of the business, or a director or employee of an associated entity of the business; or

(b) for all other businesses or not-for-profit organisations:

  • a letter from a Practitioner declaring that the business or not-for profit organisation has experienced the Required Decline in Turnover, or
  • if businesses have previously submitted a letter from a Practitioner to Service NSW to verify decline in turnover for other COVID-19 business support grants, they can resubmit this letter as evidence of the Required Decline in Turnover.

3.11 An Employing business applying for the JobSaver Extension payment must:

a) submit evidence that it has experienced the JobSaver Extension Required Decline in turnover as advised , which may include one or more of the following:

  • a letter from a Practitioner, who is familiar with the workings of the business attesting to the decline in turnover, 
  • BAS statements for the comparison periods, and
  • monthly Balance Sheets and Profit and Loss Statements, or workpapers supporting GST turnover for eligible entities within a group;

b) declare their JobSaver Extension Employee Headcount;

c) declare that they will:

  • maintain their JobSaver Extension Employee Headcount for the period for which the business is receiving payments under the JobSaver Extension Program and notify Service NSW if there is any reduction in Employee Headcount during that period, where the reduction is due to any actions of the business; or
  • where the business is part of a group, the group will only need to maintain their JobSaver Extension Employee Headcount for the entities within the group receiving the JobSaver Extension payment; 

d) submit, either:

  • an Australian Income Tax Return and available audited financial statements to demonstrate the business had an aggregated annual turnover of more than $250 million and up to $1 billion for the year ended 30 June 2020 (there is no requirement to disclose tax file numbers and businesses should redact their tax file number where possible); or
  • for businesses that have a substituted accounting period (i.e. do not have an income tax year end of 30 June 2020), an Australian Income Tax Return for the most recent financial year.

e) submit evidence of how weekly payroll was calculated;

f) submit copies of the payroll report/s filed with the ATO using single touch payroll (after redacting all personally identifiable information), including the effective date, branch ID, Submission ID, Event Type, Gross payments and PAYGW;

g) provide contact details of the business’s Chief Financial Officer or equivalent; and 

h) submit any other documents or information requested by Service NSW or  Revenue NSW.

3.12 A business or not-for-profit organisation will not be ineligible for a payment solely because its Employee Headcount reduces due to an employee discontinuing their employment for reasons outside the control of the business or not-for-profit organisation, for example, if the employee voluntarily resigns or retires.

3.13 DCS, Revenue NSW and/or Service NSW may require a business or not-for-profit organisation with a registered business address outside New South Wales to provide evidence that they are and were operating in New South Wales on 1 June 2021 to meet the eligibility criteria in clause 3.5(a). This evidence may include rates notices or lease agreements and any other evidence required under the Program Guidelines on Service NSW's website. Where a rates notice or lease agreement is not available, DCS, Revenue NSW and/or Service NSW may accept one or more of the following documents:

(a) utility bills

(b) insurance papers,

(c) supply invoices,

(d) registration papers, or

(e) contractor licences.

3.14 Where a business or not-for-profit organisation operates through a trust structure, they will be required to provide additional information to demonstrate an Aggregated Annual Turnover of between $75,000 and $250 million (inclusive) is derived through the trust, as opposed to a business linked to a trust.

3.15 Where a business applying for a JobSaver Extension payment operates as part of a group structure:

a) one entity will apply on behalf of the Group;

b) the JobSaver Extension Required Ddecline in Turnover decline will be calculated for eligible entities, being entities that operate in one of the JobSaver Extension industries;

c) the weekly payroll of eligible entities that meet JobSaver Extension Required Decline will be calculated and aggregated; and

d) the group will distribute JobSaver payments to eligible entities within the group.

3.16 Notwithstanding any other provision in these Terms and Conditions, DCS, Revenue NSW and/or Service NSW may require additional information or clarification from a business or not-for-profit organisation or from any other public entity or person, before determining whether the eligibility criteria in clauses 3.5 or 3.6, have been satisfied and whether the application should be approved. The additional information can include:

(a) letter from a Practitioner;

(b) Business Activity Statements;

(c) income tax declarations;

(d) audited profit and loss statements;

(e) receipts and invoices from purchases; or

(f) NSW payroll tax reconciliation returns.

Where a business is unable to provide these documents, or where DCS, Revenue NSW or Service NSW is satisfied it has other suitable methods to determine eligibility, other forms of documentation may be accepted.

3.17 A business or not-for-profit organisation that cannot meet the eligibility criteria in clauses 3.5(b) or 3.6 (b) nor provide the supporting evidence required by clauses 3.8(d) or 3.14 may still be eligible to receive a payment under the Program, if it:

(a) commenced operating on or after 1 July 2019;

(b) has been impacted by acquisition, disposal or restructure that has affected its turnover; or

(c) is a sole trader or small partnership impacted by sickness injury or leave; or

and

(e) had the equivalent of an Aggregated Annual Turnover of $75,000 or  more for the year ended 30 June 2020 and it provides supporting evidence, which must include:

i. a Business Activity Statement for at least one quarter; or

ii. an Australian Tax Return (however there is no requirement to disclose tax file numbers and businesses should redact their tax file number where possible); or

iii. if unable to provide a BAS or Australian Tax Return:

  • a letter from a Practitioner; or
  • business bank account statements (must be separate from any personal accounts) for a three month period, or if the business has been operating for less than three months, the entire operating period.

3.18 A business or not-for-profit organisation that cannot meet the eligibility criteria in clauses 3.5(b) or 3.6(b), and clauses 3.5(c) or 3.6(b) may still be eligible to receive a payment under the Program, if it has been affected by drought, bushfire, flood or other natural disasters and it:

(a) meets the criteria in 3.17(d); and

(b) provides evidence of a decline in Turnover of 30 per cent or more due to the Public Health Order over a minimum two-week period from 26 June 2021 compared to the same period in 2018.

3.19 A business or not-for-profit organisation   that cannot meet the eligibility criteria in clauses 3.5(c) or 3.6(b) may still be eligible to receive a payment under the Program, if it:

(a) is a group employing entity with a principal function of supplying employee labour to other members of the Group; and

(b) provides evidence of the sum of the current GST turnovers of the group members to which it supplied employee labour services during the period within the  period of restrictions and the relevant comparison period that are used to calculate decline in turnover.

3.20 Notwithstanding any other provision in these Terms and Conditions, DCS, Revenue NSW, Treasury NSW and/or Service NSW may determine that a business or not-for-profit organisation is eligible for a payment under the Program.  Any such business or not-for-profit organisation that receives a payment under this Program must comply with these Terms and Conditions, except to the extent that any dispensation has expressly been given by DCS and/or Service NSW.

3.21 Information provided by a business or not-for-profit organisation in its application or otherwise in accordance with these Terms and Conditions must be true and correct. It is a serious offence to provide false or misleading information to a public authority.

3.22 A business or not-for-profit organisation is not eligible to apply to receive payment under the Program if it has previously received a payment under this Program or under a previous program or Program, and:

(a) Service NSW, DCS and/or NSW Treasury (or another government agency in relation to this Program or a previous program or Program) have sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to s. 5.7(3) of the GSF Act or otherwise, and

(b) the amount sought has not been repaid.     

3.23 Notwithstanding any other provision in these Terms and Conditions, DCS, Revenue NSW and/or Service NSW may refuse to progress an application for any reason, including if the business or not-for-profit organisation does not meet the eligibility criteria in clause 3.4 and, where relevant, clause 3.5.

3.24 By applying to receive a payment under the Program, a business or not-for-profit organisation consents to:

(a) Service NSW, DCS, Revenue NSW, the Commonwealth Government and/or NSW Treasury disclosing information, including personal information, provided by the business or not-for-profit organisation to each other for the purposes of administering or reporting on the Program.

​​​​​4. Conditions for payment under the Program

4.1 All payments to a business or not-for-profit organisation under the Program are made on the condition that:

(a) the business or not-for-profit organisation meets the eligibility criteria in clause 3.5, 3.6 or 3.7 (where applicable), as modified by clauses 3.17 and 3.18 (where applicable);

(b) the application for payment complies with the requirements in clauses 3.1, 3.8, 3.9 , 3.11, 3.14 and 3.17 (where applicable);

(c) the business or not-for-profit organisation has consented to Revenue NSW in DCS disclosing information to Service NSW in relation to your application;

(d) the business or not-for-profit organisation has consented to Service NSW and Revenue NSW disclosing information in relation to your application to other government agencies or third parties to assist with determining eligibility for payments under the Program;

(e) the business or not-for-profit organisation uses the payments to cover Eligible Expenses incurred since 26 June 2021;

(f) a business or not-for-profit organisation complies with the law at all times, including public health orders and COVID-19 restrictions;

(g) the business or not-for-profit organisation immediately notifies Service NSW if, due to any actions of the business or not-for-profit organisation, the Employee Headcount declines over the period that payments are received;

(h) the application for payment is made before 11.59pm on 18 October 2021; and

(i) if requested by DCS, Service NSW and/or NSW Treasury, the business or not-for-profit organisation provides evidence of the Eligible Expenses for which a payment is sought under the Program.

4.2 A business or not-for-profit organisation must take all reasonable steps to ensure that the conditions in clause 4.1 are or have been satisfied at all relevant times.

4.3 Upon submission of application, a business or not-for-profit organisation declares that:

(a) to the best of its knowledge, the conditions in clause 4.1 are or have been satisfied at all relevant times, and

(b) it took and will take all reasonable steps to ensure that the conditions in clause 4.1 are satisfied.

4.4 Notwithstanding any other provision in these Terms and Conditions, DCS, Service NSW, Revenue NSW, the Commonwealth Government and/or NSW Treasury may take civil and/or criminal action (where appropriate), including referral to NSW Police, where DCS, Service NSW, Revenue NSW, the Commonwealth Government and/or NSW Treasury reasonably suspect that the business or not-for-profit organisation has failed to comply with the law or these Terms and Conditions.

4.5 A business or not-for-profit organisation must notify Service NSW immediately if the business or not-for-profit organisation ceases to trade, can no longer meet the eligibility criteria in clause 3, or can no longer comply with these Terms and Conditions.

4.6 A business or not-for-profit organisation must retain for 5 years all payroll records, tax invoices, official receipts, bank statements or other records that demonstrate how payments made under the Program have been applied by the business or not-for-profit organisation.

4.7 A business or not-for-profit organisation may be audited or investigated by DCS, Revenue NSW, NSW Treasury, the Commonwealth Government and/or Service NSW to determine whether it is complying with these Terms and Conditions. A business or not-for-profit organisation must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.8 A business or not-for-profit organisation consents to being contacted by DCS, Service NSW, Revenue NSW, the Commonwealth Government and/or NSW Treasury for a period of 24 months after receiving a payment under the Program for the purposes of reporting on and evaluating the Program. A business or not-for-profit organisation agrees to provide any information that is reasonably required under this clause. 

5. Payments

5.1 Once an application has been approved, a business or not-for-profit organisation will receive automatic fortnightly payments credited to a valid bank account (as identified in its application). The first payment will be backdated to 18 July 2021 and, where possible, will be made within 10 business days of an approved application.

5.2 Payments made in accordance with this clause will be made as act of grace payments under section 5.7(1) of the GSF Act.

6. Recovery of payments

6.1 If a business or not-for-profit organisation has received a payment under the Program and DCS, Revenue NSW, Service NSW and/or NSW Treasury is satisfied that the conditions in clause 4.1 were, or have been, contravened, the payment or part of the payment may be recovered from the business by the Crown as debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.

7. Suspension or termination of the Program

7.1 Notwithstanding any other provision in these Terms and Conditions, NSW Treasury, DCS, Revenue NSW, the Commonwealth Government and/or Service NSW reserve the right to suspend or terminate the entirety or any part of the Program at any time.

7.2 Any action taken to suspend or terminate the Program will be notified on the Service NSW website.

8. ​​​​​​​Limitation of Liability

8.1 To the extent permitted by law, DCS, Service NSW, Revenue NSW and NSW Treasury (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a business, organisation or any person arising directly or indirectly out of or in any way connected with the Program, including:​​​​​​​

(a) any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable,

(b) the fraudulent application for payments made under the Program,

(c) any breach of these Terms and Conditions, and/or

(d) any decision to suspend or terminate the entirety or any part of the Program.

9. Indemnity

9.1 ​​​​​​​A business or not-for-profit organisation agrees to indemnify and keep indemnified DCS, Service NSW, Revenue NSW and NSW Treasury (including their officers, employees and agents) from and against any liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with the business's or not-for-profit organisation’s participation in the Program.

10. Contact

10.1 Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.

11. General

11.1 Businesses and not-for-profit organisations are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

12. Variation

12.1 ​​​​​​​DCS, Service NSW, the Commonwealth Government and NSW Treasury reserve the right to amend, vary, delete or supplement these Terms and Conditions at any time.

​​​​​​​12.2 These Terms and Conditions, as amended, varied, deleted or supplemented from time to time, apply to any future version of, or update to, the IT system that supports the delivery of the Program.

13. Waiver

13.1 Failure by DCS, Service NSW, Revenue NSW and/or NSW Treasury to enforce any of their rights at any stage does not constitute a waiver of those rights.

14. Severability

14.1 If any term in these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.

15. Governing Law

15.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws of NSW. A business, not-for-profit organisation, DCS, Service NSW and NSW Treasury submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.

16. Survival

16.1 Clauses 6, 8 and 9 contain continuing obligations and will survive termination of these Terms and Conditions.

Attachment A: List of highly impacted industries

Industry ANZSIC code Industry category
Accommodation and Food Services 4530 Clubs (Hospitality)
  4400 Accommodation
  4520 Pubs, Taverns and Bars
  4511 Cafes and Restaurants
  4513 Catering Services
  4512 Takeaway Food Services
Administrative and Support Services 7220 Travel Agency and Tour Arrangement Services
  7299 Other Administrative Services n.e.c.
Arts and Recreation Services 8910 Museum Operation
  8921 Zoological and Botanical Gardens Operation
  9201 Casino Operation
  9209 Other Gambling Activities
  9001 Performing Arts Operation
  9003 Performing Arts Venue Operation
  9139 Amusement and Other Recreational Activities n.e.c.
  9131 Amusement Parks and Centres Operation
  9111 Health and Fitness Centres and Gymnasia Operation
  9121 Horse and Dog Racing Administration and Track Operation
  8922 Nature Reserves and Conservation Parks Operation
  9114 Sports and Physical Recreation Administrative Services
  9112 Sports and Physical Recreation Clubs and Sports Professionals
  9113 Sports and Physical Recreation Venues, Grounds and Facilities Operation
  9002 Creative Artists, Musicians, Writers and Performers
Construction  3011 House Construction
  3019 Other Residential Building Construction
  3020 Non-Residential Building Construction
  3101 Road and Bridge Construction
  3109 Other Heavy and Civil Engineering Construction
Construction services 3211 Land Development and Subdivision
  3212 Site Preparation Services
  3221 Concreting Services
  3222 Bricklaying Services
  3223 Roofing Services
  3224 Structural Steel Erection Services
  3231 Plumbing Services
  3232 Electrical Services
  3233 Air Conditioning and Heating Services
  3234 Fire and Security Alarm Installation Services
  3239 Other Building Installation Services
  3241 Plastering and Ceiling Services
  3242 Carpentry Services
  3243 Tiling and Carpeting Services
  3244 Painting and Decorating Services
  3245 Glazing Services
  3291 Landscape Construction Services
  3292 Hire of Construction Machinery with Operator
  3299 Other Construction Services n.e.c.
Building Cleaning, Pest Control and Gardening Services 7311 Building and Other Industrial Cleaning Services
  7313 Gardening Services
Information Media and Telecommunications 6010 Libraries and Archives
  5513 Motion Picture Exhibition
Rental, Hiring and Real Estate Services 6720 Real Estate Services
  6611 Passenger Car Rental and Hiring
  6619 Other Motor Vehicle and Transport Equipment Rental and Hiring
  6639 Other Goods and Equipment Rental and Hiring n.e.c.
Other Services 9534 Brothel Keeping and Prostitution Services
  9511 Hairdressing and Beauty Services
  9512 Diet and Weight Reduction Centre Operation
  9531 Laundry and Dry-Cleaning Services
  9539 Other Personal Services n.e.c.
  9540 Religious Services
Retail (excluding food retailing) 3911 Car Retailing
  3912 Motor Cycle Retailing
  3913 Trailer and Other Motor Vehicle Retailing
  3921 Motor Vehicle Parts Retailing
  3922 Tyre Retailing
  4129 Other Specialised Food Retailing
  4241 Sport and Camping Equipment Retailing
  4242 Entertainment Media Retailing
  4243 Toy and Game Retailing
  4244 Newspaper and Book Retailing
  4245 Marine Equipment Retailing
  4251 Clothing Retailing
  4252 Footwear Retailing
  4253 Watch and Jewellery Retailing
  4259 Other Personal Accessory Retailing
  4260 Department Stores
  4273 Antique and Used Goods Retailing
  4274 Flower Retailing
  4279 Other Store-Based Retailing n.e.c.
  4310 Non-Store Retailing
  4320 Retail Commission-Based Buying and/or Selling
Transport 4900 Air and Space Transport
  4820 Water Passenger Transport
  5010 Scenic and Sightseeing Transport
  5029 Other Transport n.e.c.
  4621 Interurban and Rural Bus Transport
  4622 Urban Bus Transport (including Tramway)
  4623 Taxi and Other Road Transport
Education and Training 8211 Sports and Physical Recreation Instruction
  8212 Arts Education
Professional, Scientific and Technical Services 6991 Professional Photographic Services
  6921 Architectural Services
  6922 Surveying and Mapping Services
  6923 Engineering Design and Engineering Consulting Services
Health Care and Social Assistance 8531 Dental Services
  8532 Optometry and Optical Dispensing
  8533 Physiotherapy Services
  8534 Chiropractic and Osteopathic Services
  8539 Other Allied Health Services
  8790 Other Social Assistance Services
Other Health Care Services 8599 Other Health Care Services n.e.c.

Note: This list is as of 26 July 2021. An updated list is available in the Program Guidelines on the Service NSW website.

Attachment B: JobSaver extension industries

ANZSIC Code (3 Digit) ANZSIC Industry Name
440 Accommodation
451 Cafes, Restaurants and Takeaway Food Services
452 Pubs, Taverns and Bars
453 Clubs (Hospitality)
462 Road Passenger Transport
482 Water Passenger Transport
501 Scenic and Sightseeing Transport
551 Motion Picture and Video Activities
661 Motor Vehicle and Transport Equipment Rental and Hiring
722 Travel Agency and Tour Arrangement Services
891 Museum Operation
892 Parks and Gardens Operations
900 Creative and Performing Arts Activities
911 Sports and Physical Recreation Activities
912 Horse and Dog Racing Activities
913 Amusement and Other Recreation Activities
920 Gambling Activities