These Terms and Conditions relate to the Active and Creative Kids voucher program.
1. Application and acceptance of Customer Terms and Conditions
1.1 Service NSW and the Department of Customer Service (“DCS”), on behalf of the NSW Government, are delivering the Active and Creative Kids Voucher Program.
1.2 The purpose of the Program is to:
(a) assist low-to-middle-income families meet the costs of accessing sport and recreational and/or creative and cultural activities;
(b) encourage school-aged children from low-to-middle-income families to participate in sport and recreational and/or creative and cultural activities; and
(c) support the wellbeing of school-aged children from low-to-middle-income families.
1.3 The Program supports low-to-middle-income families with school-aged children by providing two $50 Vouchers per Eligible School-Aged Child per calendar year, one Voucher in Term 1 and one Voucher in Term 3, which can be used for Eligible Activities at Registered Providers in accordance with these Terms and Conditions.
1.4 The Program will operate between February 2024 and 30 June 2027.
1.5 By applying to participate in the Program and/or by receiving Vouchers under the Program, a Customer agrees with the NSW Government to be bound by these Terms and Conditions as a condition of participation in the Program.
2. Definitions and interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
Activity-linked Material means material that is incidental to and used as part of an Eligible Activity, where the materials are borrowed or used for the purpose of the Eligible Activity. For example, a canvas painting, where the activity involves developing a final artwork.
(a) means an activity that provides participants with an opportunity to participate in creative, arts, or cultural programs allowing the participant to acquire creative knowledge and develop skills using creative techniques, including performances/exhibitions that have an interactive workshop or masterclass component and/or Cultural Experiences, and
(b) includes the following activities: Aboriginal cultural knowledge programs, advertising, architecture, augmented/virtual reality, chess, choreography, circus arts, coding, craft, creative writing, dance, design, drama, drawing, fashion design, game design, graphic design, industrial design, languages, media arts, multimedia, music, visual arts, painting, photography, poetry, pottery, printmaking, public art, public speaking, publishing, puppetry, radio, robotics, screen, sculpture, singing, sketching, slam poetry, spoken word, and/or theatre.
Cultural Experience means a Creative Activity that involves activities that embody a particular nation, culture or community.
Customer means the parent, carer or guardian of an Eligible School-Aged Child, who is the applicant for a Voucher on behalf of that Eligible School-Aged Child.
Department of Customer Service or DCS means the Crown in right of the State of New South Wales acting through the Department of Customer Service.
Earliest Issue Date means the date on which a Voucher is first available to be issued to a Customer, as set out in clause 5.1.
Eligible Activity means either a Creative Activity or a Physical Activity which:
(a) is offered privately or in a group, and
(b) is provided to school-aged children as part of a structured, supervised program of activity, and
(c) is in person and face-to-face, and
(d) comprises a structured component if it is part of a membership-fee-based program, and
(e) involves the provision of either no material or of Activity-linked Material only, and
(f) is expressly listed in the definition of “Creative Activity” or in the definition of “Physical Activity” or is otherwise expressly approved by Service NSW in writing in accordance with clause 3.6 of these Terms and Conditions.
Eligible School-Aged Child means a child who satisfies the requirements in clause 3.1 of these Terms and Conditions.
Expiry Date means the date when a Voucher can no longer be used, redeemed or applied for by a Customer, as set out in clause 5.1.
Family Tax Benefit Part A means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible families with dependent children.
Family Tax Benefit Part B means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible single-parent or one-income families with dependent children.
Ineligible Activity includes:
(a) an activity offered by a School,
(b) travel associated with an Eligible Activity,
(c) items, equipment or materials that would usually be purchased from a retailer and paid for as part of participating in an activity, except where the item, equipment or material is an Activity-Linked Material,
(d) an examination or assessment for a qualification,
(e) one of the following activities: School care services (including before and after minding services), academic tutoring (involving educational assistance to students the main purpose of which is to help students improve their understanding of academic subjects), cookery classes, games and gaming (such as board games and digital games), gardening, or School activities (including weekend and inter-School activities),
(f) one of the following items: jerseys, socks, boots, art kits, craft kits, paints, books, stationery, canvases, clothing, uniforms, leotards, or instruments,
(g) activities that are not contemplated by paragraphs (a) to (f) of this definition, but are otherwise determined by Service NSW to be ineligible, either in accordance with clause 3.6 of these Terms and Conditions or otherwise.
MyServiceNSW Account means the personalised online account provided by Service NSW through which customers access NSW Government services, including the Program vouchers.
Not-for-profit Organisation means an organisation that does not operate for the profit, personal gain or other benefit of particular people.
NSW Fair Trading means the NSW Government agency that administers consumer protection laws in NSW, among other things.
NSW Government means the Crown in right of the State of New South Wales acting through its various emanations, including Service NSW and/or the Department of Customer Service, as the case requires.
NSW Office of Sport means the NSW Government agency established for the purposes of developing and implementing policies, programs and initiatives regarding sports.
(a) means an activity where the primary purpose is to assist School-aged children to participate in sport or active recreation activities and that requires participants to engage in:
(i) moderate to vigorous physical activity, or
(ii) a sport that is represented by a State Sporting Organisation (or jurisdictional equivalent for any Registered Provider approved by Service NSW which is based outside of New South Wales), and
(b) includes the following activities: aerobic dance, Australian rules football, archery, athletics (track and field), badminton, baseball, basketball, biathlon, billiards/snooker, boccia, bootcamps, bowls, boxing, cadets/guides/scouts, canoeing, cricket, croquet, cycling, darts, disability sports, diving, dragon boating, equestrian sports, fencing, flying disc sports, football (soccer), golf, gridiron (American football), gymnastics (including rhythmic gymnastics), handball, hockey, holiday programs and camps, ice hockey, ice racing, lacrosse, martial arts, mixed martial arts, motor sports, mountain biking, multi-sport academies and clubs, netball, OzTag, paddle boarding, parkour, polo, rowing, rugby league, rugby union, sailing, shooting, skating, softball, sport climbing, snow sports, squash, surfing, surf lifesaving, swimming, table tennis, tenpin bowling, tennis, touch football, triathlon, volleyball, water sports, weightlifting, wheelchair sports, wrestling, and/or yoga.
Program means the Active and Creative Kids Voucher Program commencing in February 2024.
Program End Date means the end date of the Voucher Program, being 30 June 2027.
Provider means a business or Not-for-profit Organisation that has applied to participate in the Program.
Registered Provider means a Provider registered by Service NSW to participate in the Program and whose registration has not been suspended or cancelled.
School means a place or institution for teaching and learning defined by any of the following ANZSIC Codes:
(a) 8010 Preschool Education;
(b) 8021 Primary Education;
(c) 8022 Secondary Education;
(d) 8023 Combined Primary and Secondary Education;
(e) 8024 Special School Education; and
(f) 8101 Technical and Vocational Education and Training.
Service NSW means the Crown in right of the State of New South Wales acting through Service NSW.
State Sporting Organisation means an official sporting entity recognised as such by the NSW Office of Sport. (See a list of the State Sporting Organisations)
Term 1 means the first NSW school term of a given year, as set out on the NSW Department of Education website.
Term 3 means the third NSW school term of a given year, as set out on the NSW Department of Education website.
Term 1 Voucher has the definition as set out in clause 3.5(a).
Term 3 Voucher has the definition as set out in clause 3.5(b).
Terms and Conditions means these Terms and Conditions for Customer participation in the Program.
Voucher means a $50 voucher issued to a Customer pursuant to the Program.
2.2 In these Terms and Conditions, unless the context otherwise requires:
(a) the singular includes the plural and vice versa,
(b) reference to a gender includes all genders,
(c) reference to “person” includes a natural person, company, body corporate or other form of legal entity,
(d) reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”,
(e) a reference to a NSW Government body or entity which has ceased to exist or has been replaced, reconstituted, amalgamated or merged, or other functions of which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place by which its said functions have become exercisable;
(f) a reference to a statute, regulation, or other law (“Law”) will be deemed to extend to include a reference to all statutes, regulations, or other laws amending, consolidating or replacing that Law from time to time, and
(g) 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. Customer eligibility and Voucher application process
3.1 To be eligible to receive Vouchers under the Program, a child must be:
(a) a NSW resident,
(b) aged 4.5 to 18 years, and
(c) under the care of a parent, guardian or carer receiving:
(i) Family Tax Benefit Part A,
(ii) Family Tax Benefit Part B, or
(iii) both Family Tax Benefit Part A and Family Tax Benefit Part B
(referred to in these Terms and Conditions as an “Eligible School-Aged Child”).
3.2 To be eligible to apply for Vouchers under the Program, a Customer must:
(a) if applying:
(i) on behalf of an Eligible School-Aged Child, be the parent, guardian, or carer of the Eligible School-Aged Child
(b) login to their MyServiceNSW Account and apply through the Service NSW mobile application or website,
(Note: Customers that do not have a MyServiceNSW Account can create an account online or can contact Service NSW if assistance is required to apply for Active and Creative Kids Vouchers.)
(c) provide a proof of identity document (such as a certified copy of a relevant identity document) for the Customer as follows:
(i) if applying on behalf of an Eligible School-Aged Child, as the parent, guardian, or carer of the Child, provide a current Medicare card as follows:
A. the Child’s Medicare card listing the Child’s name and the name of the parent, guardian, or carer (as applicable), or
B. a Medicare card listing only the Child’s name where the Child does not have a Medicare card listing both the name of the Child and the parent, guardian, or carer;
(Note: Customers who do not have a current Medicare card or are experiencing difficulty with the requirements may contact Service NSW to discuss options.)
(d) demonstrate to Service NSW of the Customer’s receipt of Family Tax Benefit Part A or Family Tax Benefit Part B (or both) as follows:
(i) by providing consent for Service NSW to use Centrelink Confirmation eServices to check Centrelink customer details to enable Service NSW to determine if the Customer is in receipt of the relevant benefit or,
(ii) by attending a Service Centre and providing an income statement to be sighted by a Customer Service Representative,
3.3 Only one Customer is permitted to apply for Vouchers per Eligible School-Aged Child. A Customer who is a parent, guardian, or carer can apply for multiple Eligible School-Aged Children in the same application. Where the Eligible School-Aged Child has parents, guardians, or carers living at separate addresses, only one of the parent(s), guardian(s) or carer(s) (as applicable) can apply for the Vouchers per Eligible School-Aged Child.
3.4 Service NSW will verify eligibility prior to Vouchers being released to a Customer and may verify eligibility at various points in time during the Customer’s participation in the Program.
3.5 To receive subsequent Vouchers after the initial Customer registration (following the Program launch in February 2024 up until the Program End Date), a Customer must each year declare (when applying for the Voucher in their MyServiceNSW Account) that she/he/they remain eligible in accordance with these Terms and Conditions:
(a) during the period commencing 15 January of that year and ending on 31 December of the same year, to receive a Voucher in respect of that period (“Term 1 Voucher”), and
(b) during the period commencing 15 July of that year and ending on 14 July of the following year, to receive a Voucher in respect of that period (“Term 3 Voucher"), and
Service NSW may require a Customer to provide up-to-date evidence of eligibility at any time and, where a Customer has provided consent in accordance with clause 3.2(d), can access Centrelink Confirmation eServices to confirm that they remain in receipt of Family Tax Benefit Part A or Family Tax Benefit Part B (or both).
3.6 Customers may make submissions for the inclusion of an activity that does not meet the requirements to be classified as an Eligible Activity in the Program by contacting Service NSW. For example, an online activity may be considered and approved by Service NSW as an Eligible Activity if it meets the physical or creative needs of children in rural or remote areas, or of children with a disability. Service NSW reserves the right to determine such applications conditionally or unconditionally, in its absolute discretion, having regard to the Program’s underlying policy intent. For the avoidance of doubt, such a determination may result in a proposed activity being determined to be either an Eligible Activity or an Ineligible Activity.
4. Conditions of Customer participation in the Program
4.1 A Customer must:
(a) comply with the Law and with these Terms and Conditions at all times,
(b) ensure that all information provided to Service NSW is true and correct and declare that all information provided to Service NSW is true and correct in their application on the MyServiceNSW Account,
(c) not access any more Vouchers than those to which they are entitled, being two $50 Vouchers per Eligible School-Aged Child per calendar year, and
(d) ensure that they can cover the remaining cost of an Eligible Activity if a Voucher does not cover the full amount (and the Customer must be able to cover the full cost of any Eligible Activity if the Voucher has expired). Customers should take care and make enquiries prior to agreeing to place a booking ahead, or pay for, any Eligible Activity, in order to ensure that they can pay the full amount if required and that their Voucher/s will not have expired by the time they are required to make payment.
4.2 By applying to participate in the Program, a Customer consents to Service NSW and DCS:
(a) holding personal information provided to either Service NSW or DCS by the Customer, being both the Customer’s personal information and the personal information of the Customer’s Eligible School-Aged Children if the Customer is a parent, carer or guardian,
(b) disclosing any such personal information to each other, to their agents, and to any other NSW Government agency or to any Australian Government agency for the purposes of administering or reporting on the Program or for compliance activities in connection with these Terms and Conditions and the Program, and
(c) granting permission to the agencies specified in clause 4.2(b) holding and collecting such personal information for the purposes of administering or reporting on the Program or for compliance activities in connection with these Terms and Conditions and the Program.
4.3 Notwithstanding any other provision in these Terms and Conditions, Service NSW:
(a) may require additional information or clarification from a Customer applying to participate before determining whether the eligibility requirements in clause 3 have been satisfied and whether to approve the Customer’s application for Vouchers,
(b) may seek any additional information or clarification about the Customer from any other NSW Government agency before determining whether the eligibility requirements in clause 3 have been satisfied and whether to approve the application, and the Customer consents to the disclosure to those entities or persons of any information it provides to the NSW Government in its application for that purpose,
(c) may refuse to register a Customer, or may suspend or cancel a Customer’s registration, for any reason in Service NSW’s absolute discretion, including if the Customer:
(i) does not, or ceases to, meet the eligibility requirements or conditions on registration in clause 3,
(ii) fails to comply with or satisfy these Terms and Conditions,
(iii) does not provide sufficient information for Service NSW to determine if these Terms and Conditions are being or have been met,
(iv) provides any false or misleading information, or
(v) engages in illegal or fraudulent conduct in connection with the Program.
(d) reserves the right to refuse to provide a Voucher to a Customer if the Customer:
(i) does not meet the eligibility requirements upon application, or ceases to meet the eligibility requirements or conditions following registration in clause 3,
(ii) fails to comply with these Terms and Conditions, or
(iii) does not provide sufficient information for Service NSW to determine if these Terms and Conditions are being or have been met.
4.4 Information given by a Customer in their/her/his application to participate in the program, 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. Penalties apply for providing false or misleading information. Where false or misleading information is provided by a Customer, Service NSW may refer the matter to law enforcement.
5. Conditions of use of Vouchers
5.1 Customers may only apply for a Voucher within the period commencing on the Voucher’s Earliest Issue Date and ending on the Voucher’s Expiry Date, as set out in Table 5.1 below:
|Earliest issue date
|Term 1 Voucher 2024
|31 December 2024
|Term 3 Voucher 2024
|15 July 2024
|14 July 2025
|Term 1 Voucher 2025
|15 January 2025
|31 December 2025
|Term 3 Voucher 2025
|15 July 2025
|14 July 2026
|Term 1 Voucher 2026
|15 January 2026
|31 December 2026
|Term 3 Voucher 2026
|15 July 2026
|30 June 2027
|Term 1 Voucher 2027
|15 January 2027
|30 June 2027
5.2 Service NSW will, upon successful application (in accordance with clause 5.1) by the Customer, provide one $50 Voucher per Eligible School-Aged Child in the form of:
(a) a digital Voucher, displayed in the Customer’s MyServiceNSW Account; or
(b) a printable-form Voucher, delivered via email.
5.3 If the Customer is successful in applying for a Voucher, it will be under the “Voucher” section of their MyServiceNSW Account or an email will be sent from Service NSW with the Vouchers available to download and print or display via a mobile device. The Customer may view on their MyServiceNSW Account how many Vouchers they have.
5.4 A Customer may only use or redeem a Voucher during the period commencing on the Voucher’s Earliest Issue Date and ending on the Voucher’s Expiry Date (as set out in Table 5.1), subject to the following conditions:
(a) a Term 1 Voucher and a Term 3 Voucher may be combined and used together in a single transaction provided none of the Vouchers has expired (that is, each Voucher is used before the Expiry Date for that Voucher specified in Table 5.1),
(b) a Voucher amount is fixed,
(c) Vouchers will be in the form of a QR code which will be either displayed in the Customer’s MyServiceNSW Account or the email to the Customer (depending on which option is selected by the Customer under clause 5.2). A unique alphanumeric Voucher code is also issued which can be entered manually by a Registered Provider if required,
(d) Vouchers cannot be reloaded or topped up,
(e) Vouchers must only be redeemed with a Registered Provider. Customers should check that the Provider is a Registered Provider by using the map function on the Service NSW Business and Voucher Finder website before using their Voucher, or by contacting the Registered Provider directly,
(f) a Voucher cannot be redeemed after the Expiry Date for the Voucher specified in Table 5.1,
(g) Vouchers cannot be issued or redeemed after the Program End Date,
(h) Vouchers must only be used to contribute towards Eligible Activities and cannot be used for an Ineligible Activity,
(i) Vouchers must not be redeemed more than once. If a transaction is less than the total value of the Voucher, the remaining balance is forfeited and cannot be used in another transaction by the Customer. For example, if the transaction is $46.50, the remaining $3.50 of the $50 Voucher is forfeited and cannot be used in the future,
(j) Vouchers may be used in conjunction with other discounts at the discretion of the Registered Provider,
(k) Vouchers may only be used at the time of payment (including at the time of pre-payment where pre-payment is permitted). A Voucher should not be used, or requested by a Registered Provider, when a Customer is merely placing a booking. Use of a Voucher will be achieved by the Customer presenting the Voucher using their mobile device or providing the Voucher QR code,
(l) Vouchers must not be exchanged for a gift card, gift voucher, credit note, or cash,
(m) Vouchers cannot be donated to charity or given as a gift or ‘tip’, and
(n) Vouchers are non-transferable and must only be used by the Customer registered to receive the Voucher.
6. Misuse of Vouchers
6.1 Customers should:
(a) report Registered Providers or Providers they consider to be non-compliant with the Program requirements to Service NSW for investigation, and
(b) contact Service NSW if they believe their Vouchers have been fraudulently used by a Registered Provider.
7. Compliance, audit and recovery of Voucher amounts
7.1 Without limiting any other action the NSW Government may take, or remedies the NSW Government may pursue, a Customer that does not comply with these Terms and Conditions may, at Service NSW’s absolute discretion, be:
(a) suspended from the Program,
(b) deregistered from the Program,
(c) referred to law enforcement.
7.2 Service NSW may audit or investigate (including through its agents):
(a) a Customer to determine whether it has complied or is complying with these Terms and Conditions,
(b) a Customer whose registration has been suspended or cancelled in connection with any failure to comply with these Terms and Conditions.
7.3 Customers must retain all evidence relating to their eligibility and application for any Voucher under the Program including all tax invoices, official receipts, bank statements, Medicare details, evidence of receipt of Family Tax Benefit Parts A or B (or both), or other similar documentation and evidence, for a period of 7 years from the date of receipt of any Voucher under the Program.
7.4 Service NSW may in its absolute discretion request evidence of compliance with these Terms and Conditions from a Customer at any time during the program or after Program closure for a period of up to 7 years from the date of receipt of a Voucher by the Customer, as part of compliance auditing.
7.5 A Customer must provide any information or documentation that Service NSW reasonably requires for the purpose of any audit or investigation referred to in this clause 7.
7.6 If a Customer, or a Customer whose registration has subsequently been suspended or cancelled, has received a Voucher under the Program and the NSW Government is satisfied that any of the conditions in clauses 3, 4 or 5 has been contravened, the amount of any Voucher/s granted to the Customer in circumstances where the conditions were not met, is repayable to the NSW Government on demand and may be recovered by the NSW Government from the Customer as a debt due to the Crown in right of the State of New South Wales in any court of competent jurisdiction.
7.7 Where false or misleading information has been provided to the NSW Government by a Customer when applying to register or to receive Vouchers, Service NSW may refer the matter to law enforcement.
8. Suspension or termination of the Voucher Program
8.1 Notwithstanding any other provision in these Terms and Conditions, the NSW Government may, in its absolute discretion, suspend or terminate the entirety or any part of the Program at any time.
8.2 Any action taken to suspend or terminate the Program will be notified on the Service NSW website.
9. Limitation of liability
9.1 To the extent permitted by Law, the NSW Government (including its 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 pursuant to contract or tort, including negligence) which may be suffered or incurred by a Customer, or any other person, arising directly or indirectly out of or in any way connected with the Program, including:
(a) any decision to register or refuse to approve an application from a Customer to participate in the Program,
(b) any decision to provide or refuse to provide a Voucher under the Program to a Customer, including on the basis that funds are unavailable,
(c) any fraudulent application for Vouchers under the Program,
(d) the unavailability of Vouchers;
(e) the refusal of a person to accept Vouchers;
(f) the fraudulent use of Vouchers;
(g) in connection with any Eligible Activity offered by a Registered Provider under the Program or cancelled or otherwise not provided by the Registered Provider for any reason;
(h) in connection with any Eligible Activity engaged in by the Customer;
(i) any breach of these Terms and Conditions, and/or
(j) any decision to suspend, vary or terminate the entirety or any part of the Program.
11.1 Customers are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.
11.2 The NSW Government may seek feedback from Customers as to their reason/s for participating in the Program.
12. Variation of Terms and Conditions
12.1 The NSW Government reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time. The Terms and Conditions that apply to each Customer will be the current Program Terms and Conditions. It is the responsibility of the Customer to ensure that they check the Service NSW website regularly to ensure they remain informed as to the applicable Terms and Conditions for the Program.
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.
13.1 Failure or delay by the NSW Government in exercising or enforcing any of its rights in connection with these Terms and Conditions does not constitute a waiver of those rights.
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 in force in New South Wales. Customers and the NSW Government submit to the exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts.
16.1. Clauses 7 and 9 and any other clauses which, by their nature contain continuing obligations, will survive termination of these Terms and Conditions.