1. Application and acceptance of Terms and Conditions
1.1 The Department of Customer Service (“DCS”), Service NSW and the Department of Premier and Cabinet (“DPC”) are delivering the Return to Work Grant Program (“the Program”) to help reduce barriers to women entering the workforce. As part of the Program, eligible NSW residents can apply to receive a payment to fund an item or items in one or more of the categories in Table A.
Table A
| No. | Category | Examples | Comments |
|---|---|---|---|
|
1. |
Education/Training |
|
$5000 may be used for this category. The grant recipient is responsible for arranging their own enrolment and payment. |
|
2. |
Textbooks/Stationery |
|
Up to $500 may be used towards this category. The grant recipient is responsible for making all purchases. |
|
3. |
Professional attire |
|
Up to $500 may be used towards this category. The grant recipient is responsible for making all purchases. |
|
4. |
Childcare/Respite for carers |
|
Up to $3500 may be used towards this category. The grant recipient is responsible for making their own childcare and respite arrangements. Care arrangements must be formalised with an approved provider. Claims for child/respite care will be assessed on a case-by-case basis and customers may be required to supply further evidence. |
|
5. |
Transportation |
|
Up to $500 may be used for this category. The grant recipient is responsible for making their own transportation arrangements. |
|
6. |
Technology and office equipment |
|
Up to $2000 may be used for this category. The grant recipient is responsible for making all purchases. |
|
7. |
Relocation costs in order to take up a job opportunity |
|
Up to $2500 may be used for this category. The grant recipient is responsible for making all relocation arrangements. Note: Relocation expenses will require proof of a job offer in a location that is at least 50 km away from the applicant's home address at the time of applying for the Program. |
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 clauses 4.1 and 4.2 are terms and conditions imposed by the Minister or his delegate on the making of the payment under section 5.7(2) of the GSF Act. If any of the conditions in clauses 4.1 and 4.2 are contravened, the payment or part of the payment may be recovered from the recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.
1.3 By applying to receive a payment for the Program, you agree to be bound by these Terms and Conditions.
2. Definitions and interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
“DCS” means the Department of Customer Service.
“DPC” means the Department of Premier and Cabinet.
“Return to Work Grant Program” means the program described in clause 1.1 of these Terms and Conditions.
"Return to Work Plan" means the plan agreed by you and your Return to Work Coordinator in your Return to Work Conversation, that outlines:
- (a) your employment goals,
- (b) how the payment will help you achieve these goals,
- (c) what goods and services you will purchase with the payment, and
- (d) cost estimates for each good and/or service to be purchased.
“Return to Work Conversation” means a conversation with a Return to Work Coordinator after you submit your application but before we make any payment under the Program. In the Return to Work Conversation, you will discuss and agree on your Return to Work Plan.
“Return to Work Coordinator” means a Service NSW representative who is involved in delivering the Program.
“Recipient” means an individual who receives a payment under the Program.
"Operating period” means the period during which the Program is operating and during which a payment may be applied for, as notified on the Service NSW website from time to time.
“Program” means the Return to Work Grant Program.
"Service NSW” means the Crown in the right of the State of NSW acting through Service NSW.
“Terms and Conditions” means these Terms and Conditions for Customer Participation in the Program.
“We” or “us” means one or more of the DCS, Service NSW and DPC (as the case requires).
“You” means a woman who applies to receive payment under the Program.
2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender relates to women, reference to “person” includes a natural person, company, 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 payment under the Program
3.1 You may apply to receive a payment under the Program, if you:
- (a) are a NSW resident, and
- (b) are unemployed and have been out of work for 30 days or more prior to making your application for the payment, or
- (c) are unemployed and, if previously self-employed or a small business owner, demonstrate:
- (i) at least 30 days of income loss prior to making your application for the payment, and
- (ii) an intention to return to the workforce as an employee, and
- (d) intend to return to work within six months, and/or
- (e) are not earning other income in excess of $721.14 gross per week.
3.2 You are not eligible to apply to receive payment under the Program if you:
- (a) are currently enrolled in school,
- (b) are on leave from your job and have a role to return to, and/or
- (c) have already received a payment under the Program or a similar return to work program administered by Service NSW.
3.3 You must submit your application to receive payment under the Program via the Service NSW website, Service NSW mobile application or as otherwise directed by Service NSW. Service NSW will ask you to provide two forms of identification with your application to prove your identity.
3.4 You may only submit one application to receive payment under the Program. The maximum amount you can receive is $5,000 in total, as a single payment.
3.5 After you submit an application to receive a payment under the Program, you will be contacted by your Return to Work Coordinator to arrange a time for your Return to Work Conversation. In the Return to Work Conversation, you will finalise your Return to Work Plan. You will not receive any payments under the Program until your Return to Work Plan is finalised.
3.6 If you receive a payment under the Program, your Return to Work Coordinator may contact you about 3 months after receiving the payment to discuss your Return to Work Plan and any items you have purchased so far. Your Return to Work Coordinator may contact you again about 6 months after receiving the payment.
3.7 Notwithstanding any other provision in these Terms and Conditions, we may require additional information or clarification from you or any public entity or person, before determining whether the eligibility criteria in clause 3.1 have been satisfied and whether to approve your application to receive a payment.
3.8 Information you provide as part of your application to receive a payment 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.
3.9 Notwithstanding any other provision in these Terms and Conditions, we may refuse to make a payment to you for any reason, including if you do not meet the eligibility criteria in clause 3.1 or if you fail to comply with these Terms and Conditions.
3.10 By applying to receive a payment, you consent to Service NSW, DCS and/or DPC disclosing personal information provided by you or about you, to each other for the purposes of administering or reporting on the Program.
4. Conditions of payment under the Program
4.1 It is a condition of a payment made by us under the Program that you:
- (a) meet the eligibility criteria in clause 3.1 on and from the time of application until all amounts paid under the Program have been spent in accordance with these Terms or Conditions or returned to Service NSW,
- (b) are not ineligible for participation in the Program for one or more of the reasons set out in clause 3.2 on and from the time of application until all amounts paid under the Program have been spent in accordance with these Terms or Conditions or returned to Service NSW,
- (c) have participated in a Return to Work Conversation with a Return to Work Coordinator,
- (d) only spend the payment on an item(s) that are included in your Return to Work Plan,
- (e) comply with the conditions set out in Table A in clause 1.1 regarding the amount of a payment that may be spent on the item(s) in each category,
- (f) comply with the law at all times,
- (g) if requested by us:
- (i) provide evidence (e.g., receipts) of how the payment was used, or
- (ii) provide evidence/explain if the payment has not been fully spent, or
- (iii) provide evidence/explain why the payment has not been spent as planned,
- (h) if requested by us, return to Service NSW any amounts of a payment under the Scheme which you have not spent after 6 months of receiving the payment.
4.2 Upon receipt of a payment from us under the Program, you declare that you have taken, and will take, all reasonable steps to ensure that the conditions in clause 4.1 are satisfied at all relevant times.
4.3 You may be audited or investigated by us to determine whether you have complied or are complying with these Terms and Conditions, including the eligibility criteria at clause 3.1. You must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.
4.4 Notwithstanding any other provision in these Terms and Conditions, we may exclude you from participating in the Program for any reason, including if you do not meet the eligibility criteria in clause 3.1 or if you fail to comply with these Terms and Conditions.
4.5 Notwithstanding any other provision in these Terms and Conditions, we may take civil and/or criminal action (where appropriate), including referral to NSW Police, where we reasonably suspect that you have failed to comply with the law or these Terms and Conditions.
5. Payments
5.1 Payment made under the Program will be credited to your bank account as identified in your application.
6. Recovery of payments
6.1 If you have received a payment under the Program and we are satisfied that the conditions in clauses 4.1 and 4.2 were, or have been, contravened, the payment or part of the payment may be recovered from you by the Crown in a court of competent jurisdiction 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, we may, in our absolute discretion, suspend or terminate the entirety or any part of the Program at any time and for any reason.
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, we (including our 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 you or any other 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 use of 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 You agree to indemnify and keep indemnified DCS, DPC and Service NSW (including their officers, employees and agents) (“those indemnified”) 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 your application for a payment and/or 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 You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.
12. Variation
12.1 We may amend, vary, delete or supplement these Terms and Conditions at any time by publishing on the Service NSW website.
13. Waiver
13.1 No failure or delay by us in exercising any right under these Terms and Conditions will operate as a waiver of those rights.
14. Severability
14.1 If any part of these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason, 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 are governed by, and must be interpreted in accordance with, the laws in force in New South Wales. You, DCS, DPC and Service NSW submit to the exclusive jurisdiction of the courts of New South Wales 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 the termination of these Terms and Conditions.