Personal Hardship Assistance, NSW East Coast Severe Weather – Terms and Conditions

These terms and conditions relate to NSW East Coast Severe Weather Personal Hardship Assistance, being:

1. $180 per Eligible Individual; and
2. $180 per Dependent,

up to a maximum of $900 per application.

1 Introduction

A one-off grant is being offered of $180 per Eligible Applicant and $180 per Dependent, up to a maximum of $900 per Eligible Household, who have been impacted by the severe weather (storms and floods) the subject of natural disaster declaration AGRN 1212 titled “NSW East Coast Severe Weather from 18 May 2025” (“Disaster Event”), affecting the following suburbs: Anambah, Arakoon, Austral Eden, Bandon Grove, Bateau Bay, Bellimbopinni, Bellingen, Belmore River, Bendolba, Berkeley Vale, Blackmans Point, Blue Haven, Bohnock, Bootawa, Bowraville, Brimbin, Budgewoi, Budgewoi Peninsula, Buff Point, Bulahdelah, Cabbage Tree Island, Canton Beach, Charmhaven, Chittaway Bay, Chittaway Point, Colongra, Congarinni North, Cooperabung, Coopernook, Crescent Head, Croki, Cundletown, Dumaresq Island, Dungog, East Kempsey, Euroka, Fernbank Creek, Fernmount, Fishermans Reach, Frederickton, Freemans, Ghinni Ghinni, Gladstone, Glenning Valley, Glenthorne, Gloucester, Gorokan, Gosforth, Gumma, Hacks Ferry, Halekulani, Hampden Hall, Harrington, Hat Head, Hillsborough, Jerseyville, Jones Island, Kanwal, Kempsey, Killarney Vale, Kinchela, King Creek, Kiwarrak, Kundle Kundle, Lake Haven, Lake Munmorah, Lambs Valley, Langley Vale, Lansdowne, Limeburners Creek, Long Jetty, Luskintyre, Macksville, Magenta, Manning Point, Melinga, Melville, Mindaribba, Mitchells Island, Mondrook, Moto, Nambucca Heads, Norah Head, Noraville, North Macksville, North Shore, Old Bar, Old Station, Oxley Island, Pampoolah, Paterson, Pembrooke, Pola Creek, Port Macquarie, Purfleet, Rainbow Reach, Raleigh, Rawdon Island, Redbank, Repton, Riverside, Rocky Point, Rosebrook, Rutherford, Saltash, San Remo, Sancrox, Scotts Head, Seven Oaks, Smithtown, South Arm, South Kempsey, South West Rocks, Stanhope, Summer Island, Tacoma, Tacoma South, Tanilba Bay, Taree, Taree South, Telegraph Point, The Bight, The Entrance, The Entrance North, The Hatch, Tinonee, Tocal, Toukley, Tuggerah, Tuggerawong, Tumbi Umbi, Urunga, Verges Creek, Wadalba, Wauchope, Way Way, Webbers Creek, West Kempsey, Windermere, Wingham, Wyong, and Wyongah (“Impacted Area”).

These suburbs are current at the time of publication. The most up to date list of suburbs are available on the SNSW website. 

1.2 The NSW Government has issued guidelines in relation to the grant titled “East Coast Severe Weather Personal Hardship Assistance – May 2025” (“the Guidelines”).

1.3 Service NSW is administering the grant for the NSW Reconstruction Authority.

1.4 Grant payments will be made as Act of Grace payments under section 5.7(1) of the GSF Act. These Terms and Conditions and the Guidelines have been approved under section 5.7(2) of the GSF Act and a failure to bide by them may result in recovery of any grant payment under to section 5.7(3) of the GSF Act.

2 References in these Terms and Conditions

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

1. references to “we”, “our” or “us” refer to the Crown in right of the State of New South Wales acting through Service NSW or through another administrative unit or authority of the Crown in right of the State of New South Wales;
2. references to “you”, “your” and “applicant” refer to you as the applicant for the grant payment under the Program;
3. words or terms defined in the Guidelines, have the same meaning in these Terms and Conditions when beginning with capital letters in these Terms and Conditions;
4. “GSF Act” means the Government Sector Finance Act 2018;
5. “Guidelines” means the Guidelines referred to in clause 1.2 above;
6. “Impacted Regions” means the Suburbs referred to in clause 1.1
7. “Minister” means the Minister for Customer Service and Digital Government;
8. “Program” means the East Coast Severe Weather Personal Hardship Assistance – May 2025.
9. Terms and Conditions” means these Terms and Conditions and includes clause 1 (Introduction); and
10. a reference to:

3 Relationship of these Terms and Conditions and the Guidelines

3.1 These Terms and Conditions must be read in conjunction with the Guidelines which are incorporated into and form a part of these Terms and Conditions.

3.2 We may vary these Terms and Conditions and the Guidelines from time to time. The current Terms and Conditions and Guidelines are available on the SNSW Website. However, the version of the Terms and Conditions and of the Guidelines that apply to your application and to any payment that may be made if your application is successful will be the version of the Terms and Conditions and of the Guidelines that were published on the Service NSW website at the time we receive your application.

3.3 If you apply for a grant under the Program, you agree to be bound by the Terms and Conditions and the Guidelines applicable at the time of your application, and if your application is successful, to continue to be bound by those applicable Terms and Conditions and the Guidelines, except to the extent, if any, that dispensation has expressly been given by us in writing.

4 The Program

4.1 Unless varied by us, applications for the Program will be accepted from [9am on 30 May 2025] and will close at [11.59pm on 21 July 2025].

4.2 Notwithstanding any other terms in these Terms and Conditions or in the Guidelines, we may, at any time, vary, suspend or terminate the Program, in full or in part. Any action taken will be notified on the Service NSW website.

4.3 Details about the Program are set out in the Guidelines, including eligibility to apply, the Impacted Region, how to apply and how applications are processed.

5 Your Application

5.1 In order to apply for a grant under the Program, you must be an Eligible Individual by being a person who meets the eligibility criteria set out in clause 4.1 of the Guidelines.  Only one application should be submitted per Eligible Household.

5.2 If an Eligible Individual has Dependents, they should include them in their application as an Eligible Household, up to a maximum of four Dependents. The same Dependents must not be included in more than one application.

5.3 You should fully complete your application and submit all available documentation and evidence supporting your application as required by the Guidelines. A failure to do so may lead to your application being rejected. If you are unable to provide any of the required documentation, contact Service NSW in accordance with the Guidelines.

5.4 All information provided in your application must be true and correct. If you provide false or misleading information you may be committing a criminal offence including under the Crimes Act 1900 (NSW).

5.5 You application must be submitted:

1. in person at a Service NSW Centre, Mobile Service Centre or any other centre authorised to receive applications under the Program, for example a Recovery Assistance Point; or
2. via your MyServiceNSW Account on the Service NSW website or mobile application; or
3. as otherwise may be notified by Service NSW on the Service NSW website.

5.6 You are responsible for all costs you may incur in connection with the Program including:

1. in making your application; and
2. obtaining any legal, financial, taxation or other advice in relation to the Program, these Terms and Conditions, the Guidelines, your application and any grant payment.

6 Our discretion in relation to an Application

6.1 Notwithstanding any other provision in these Terms and Conditions or the Guidelines, the determination of whether you are eligible for a grant amount under the Program is made by us in our absolute discretion, and we may refuse your application under the Program where we assess your application does not meet the eligibility criteria.

6.2 Without limiting paragraph 6.1 above, we may determine that you are not eligible to receive a grant under the Program if you have previously:

1. applied for a grant under this Program and your application was not approved; or
2. already received a grant under this Program;
3. applied for a grant under this Program or under another grant or scheme, and we suspect it is fraudulent, or it has been deemed fraudulent by a Court; or
4. received a grant under this Program or under another grant or scheme, and we have sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act or otherwise; and you have not repaid that amount.

7 Notice of changed circumstances

You must notify us immediately by calling 13 77 88 or on any other contact details for the Program set out on our website, if following your application but before any grant payment is made, you:

7.1 wish to withdraw your application; or

7.2 no longer meet the eligibility requirements for a grant under the Program, or

7.3 can no longer comply with these Terms and Conditions or the Guidelines.

8 Act of Grace Grant Payments

8.1 If your application is approved, the one-off grant will be paid into the bank account nominated in your application. The bank account nominated must belong to you.

8.2 Grant payments will be made as Act of Grace payments authorised by the Minister, or the Minister’s delegate, on behalf of the Crown in right of the State of New South Wales, under section 5.7(1) of the GSF Act.

8.3 The Guidelines and these Terms and Conditions are conditions that the Minister, or the Minister’s delegate, has decided to impose under section 5.7(2) of the GSF Act on grant payments under the Program and, as a participant in the Program, you are required to abide by the Guidelines and these Terms and Conditions.

8.4 A failure by you to abide by the Guidelines and these Terms and Conditions may result in recovery of any grant payment as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.

9 Errors in Payment

9.1 If you have been paid an amount (“an Incorrect Payment”):

1. that is more than what you are eligible for under the Program; or
2. an amount you are otherwise not entitled to including payment made to you by way of error,

then, without limiting any other rights we may have under the Guidelines, or under these Terms and Conditions or at law, you must repay the Incorrect Payment as directed by us within 28 days of any notice we may provide to you requesting repayment.

10 Conditions for Payment under the Program

10.1 Your application and all payments made under the Program are subject to the condition that you comply with the Guidelines and these Terms and Conditions including:

1. you meet the eligibility criteria set out in the Guidelines;
2. your application is made within any time limits set for the Program;
3. you have fully completed your application including the provision of all documentation and evidence supporting your application and your application does not contain any false or misleading information;
4. you will cooperate with any audit, site visit or otherwise reasonably provide to us, or to our agents, any other assistance in relation to the Program including as may be required by the Guidelines or these Terms and Conditions; and
5. you must retain for a minimum period of 5 years following the closure of the Program, and provide to us, or to our agent, on request all documentation and evidence relating to your application under the Program.

10.2 You must comply with all applicable laws in relation to your use of any grant payment that may be made to you.

11 Limitation of Liability

11.1 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 arising out of or in any way connected with the Program, including for:

1. any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable or any error is made (including an error made as a result of incorrect information provided by you in your application);
2. any delay by us in making a decision to make a payment under the Program;
3. any suspected fraudulent application for payments made under the Program;
4. any breach of these Terms and Conditions or the Guidelines; and/or
5. any decision to vary, suspend or terminate the entirety or any part of the Program. 

12 Indemnity

12.1 As a condition of your participation in the Program, you agree to indemnify, and to keep indemnified, us and the Commonwealth Government, including our and their officers, employees and agents(together, “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 breach of these Terms and Conditions or non-compliance with the Guidelines.

13 Privacy

13.1 You consent to us collecting personal information from you as part of your application and from third parties for purposes connected to the Program, including:

1. assessing your application including your eligibility;
2. auditing or otherwise investigating your application;
3. administering, reporting on, reviewing and evaluating the Program;
4. offering you, and if accepted providing to you, follow-up support.

13.2 We may disclose information, including personal information, provided by you to:

1. other New South Wales or Commonwealth government authorities who may be involved in the funding or the administration of the Program;
2. the Australian Taxation Office, regulatory, law enforcement or investigative bodies;
3. for the purposes of clause 14 below dealing with notices; and
4. as otherwise may be required by law.

13.3 If you include personal information about third parties in your application, you must ensure such third parties are aware of and consent to the contents of this privacy statement.

13.4 We will collect, use, store, and manage any of your or a third party’s personal information in accordance with the Privacy and Personal Information Protection Act 1998 (NSW) and other applicable laws. The Service NSW Privacy statement and Privacy Collection Notice available at the SNSW Website also sets out information about how we handle your personal information.

14 Notices and communication

14.1 Where it is necessary to communicate with you directly in connection with your application, the Guidelines or these Terms and Conditions, we may communicate with you at your contact address or telephone number provided in your application. If this address changes during the period of 24 months following the closure of the Program, you must promptly notify us of your new contact address.

14.2 If the contact address provided by you is an email address, you will be deemed to have received from us an email reply at the time we sent it (as recorded on the device from which the email is sent) unless we receive an automated message that the email has not been delivered.

14.3 If you have failed to provide to us an up-to-date contact address and we have received a rejection of any communication we have sent to you, we may, but are not obliged to, provide notice to you by displaying the information for at least 14 days on Service NSW’s website where information about the Program is published.

15 General Matters

Inconsistency

15.1 In the event there is any inconsistency between these Terms and Conditions and the Guidelines, the Guidelines will prevail to the extent required to resolve any inconsistency.

Waiver

15.2 A failure or delay to exercise a right, power or remedy by us does constitute a waiver of such right, power or remedy unless the waiver is expressly given in writing.

Severability

15.3 If any provision, or part of a provision, of these Terms and Conditions or of the Guidelines is found to be prohibited, void, voidable, illegal or unenforceable, then that provision, or part of a provision, is to be severed from the Terms and Conditions or from the Guidelines, as the case may be, but without affecting the continued operation of the remainder of the Terms and Conditions or the Guidelines.

Survival

15.4 The provisions of the Guidelines and of these Terms and Conditions which, by their nature, are intended to survive termination or expiry of the Guidelines or of these Terms and Conditions, will survive any such termination or expiry.

Governing Law and jurisdiction

15.5 These Guidelines and these Terms and Conditions are governed by the laws in force in the State of New South Wales. We and you agree to submit to the exclusive jurisdiction of the Courts exercising jurisdiction in the State of New South Wales and the courts of appeal therefrom.

Entire agreement

15.6 These Terms and Conditions and the Guidelines constitute the entire agreement between you and us in relation to the Program and supersede all other communications or displays between us and you in relation to the Program whether before or after the date of your application. However, this section is not intended to limit or exclude any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of this arrangement, where such liability cannot be limited or excluded.

Assignment

15.7 You must not assign, novate, subcontract or otherwise transfer any of your rights or obligations under these terms and conditions without our prior written consent (not to be unreasonably withheld).

16 Related information

• East Coast Severe Weather Personal Hardship Assistance – Guidelines
• East Coast Severe Weather Personal Hardship Assistance – Privacy Collection Notice
• East Coast Severe Weather Personal Hardship Assistance