Recovery Grant for Small Businesses and Non-Profit Organisations – Terms and Conditions

These terms and conditions relate to the Recovery Grant for Small Businesses and Non-Profit Organisations.

1 These Terms and Conditions

1.1 How to read these terms and conditions

  1. In these terms and conditions, references to “we”, “our” and “us” refer to the Crown in the right of the State of NSW acting through Service NSW. References to “you” and “your” refer to you as the applicant under the Category C Recovery Grant for Small Businesses and Non-Profit Organisations Program (the Program).
  2. Capitalised terms in these terms and conditions have the meanings given in the Guidelines, and:
    • (i) “Non-Profit Organisation” means an entity that meets the requirements for a non-profit entity as set out in section 4 of the Guidelines; and
    • (ii) “Small Business” means an entity that meets the requirements for a small business as set out in section 4.

1.2 How these terms and conditions apply to you

  1. These terms and conditions apply to the Program and the Eligible Disaster referred to in Appendix A. They must be read in conjunction with the Category C Recovery Grant for Small Businesses and Non-Profit Organisation - Guidelines (Guidelines), which are incorporated into and form part of these terms and conditions.
  2. We may vary these terms and conditions and the Guidelines from time to time. The current version of the terms and conditions and Guidelines are available. However, the versions that apply to an application of yours, and any grant payment made to you, under the Program and which form your agreement with us are the versions of the terms and conditions and Guidelines that were published  at the time we receive that application.
  3. By applying for a grant under the Program, you agree to be bound by these terms and conditions and the Guidelines, and by becoming a successful grant recipient, you represent that you continue to accept these terms and conditions and the Guidelines, except to the extent that any dispensation has expressly been given by us.
  4. Any individual that accepts these terms on behalf of a Small Business or Non-Profit Organisation warrants that they have authority to do so.

2 The Program and applications for grants

2.1 The Program

  1. Details about the Program are set out in the Guidelines, including the available grant funding, who is eligible to apply, how the grant funding may be used, how to apply and how applications are processed.
  2. Notwithstanding any other provision of these terms and conditions, we may at any time, vary, suspend or terminate the entirety or any part of the Program. Any action taken will be notified on the Service NSW website.

2.2 Your application

  1. An applicant who meets the eligibility criteria under the Guidelines and these terms and conditions may apply for a grant under the Program in accordance with the Guidelines.
  2. You must provide any further information or evidence required by the Guidelines.
  3. Information provided by you in your 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, pursuant to the Crimes Act 1990 (NSW).

2.3 You are responsible for obtaining independent advice

You are responsible for obtaining your own independent business, legal and financial advice, including taxation advice, including in relation to the implications of the grant, these terms and conditions and the Guidelines.

2.4 Our discretion as to grants

  1. Notwithstanding any other provisions in these terms and conditions or the Guidelines, the determination of whether or not an applicant is eligible for a grant amount under the Program is made by us in our absolute discretion, and we may refuse an application under the Program for any reason.
  2. Without limiting paragraph (a), we may, determine that you are not eligible to receive a grant under the Program if you previously received a grant under this Program or under a previous program or scheme, and:
    • (i) in relation to this Program or a previous program or scheme, 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 Government Sector Finance Act 2018 (NSW) or otherwise; and
    • (ii) you have not repaid that amount.

2.5 Notification of changed circumstance and records

You must notify us immediately by calling 13 77 88 or any other contact details set out on our website, if following your application, you cease to trade, no longer meet the eligibility requirements for a grant, or can no longer comply with these terms and conditions or the Guidelines.

3 Payments

3.1 Provision of payments

If your application is approved, the grant payment will be credited to the nominated bank account identified in your application.

3.2 Basis on which grant payments are made

  1. Grant 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 (NSW).
  2. The Guidelines and these terms and conditions (including the conditions as set out in clause 3.3(a)), are conditions that are imposed by the Minister for Department of Customer Service or their delegate in the making of the grant payment(s) under section 5.7(2) of the Government Sector Finance Act 2018 (NSW).

3.3 Conditions for payment under the Program

  1. By applying for a grant under the Program, you represent, and acknowledge that it is a condition of the provision of grant funding that you comply with the Guidelines and these terms and conditions, including that:
    • (i) your application was made within the application period set out in the Guidelines;
    • (ii) you meet the eligibility criteria for an eligible applicant set out in section 4 of the Guidelines;
    • (iii) your application for payment complies with the requirements for available funding and you have provided the evidence requirements as set out in the Guidelines; and
    • (iv) at the time when an application for payment is made you do not intend to use the grant funding for reasons for which the grant funding cannot be used as set out in the Guidelines.
  2. Where you apply for a grant, you must take all reasonable steps to ensure that the representations and conditions in clause 3.3(a) are or have been satisfied at all relevant times.
  3. You must comply with all applicable laws in relation to your use of any grant payment.

3.4 Overpayment / errors in payment

Where we have paid you an amount:

  1. that is more than what you are eligible for under the Program; or
  2. otherwise in error or which is an amount for which you are not eligible for under this Program,

(an Overpayment), we may notify you of such Overpayment, and you must repay the Overpayment as directed by us within 28 days of our notice to you.

4 Compliance

4.1 You must keep records

You must retain all records (including all evidence submitted as part of your application) that are relevant to grant payments claimed or received under the Program for two years after the closing day for applications for the Eligible Disaster.

4.2 Our right to audit, investigate and disclose information

  1. By applying for a grant under the Program, you consent to:
    • (i) us conducting a site visit of the affected property or premises which is the subject of the application, for the purposes of assessing damage and eligibility for payment(s) under the Program;
    • (ii) for the purposes of administering, reporting on, and evaluating the Program, and for the purposes of providing follow-up support to applicants:
      • (A) we may disclose information, including personal information, provided by you to Department of Customer Service, the NSW Reconstruction Authority and/or NSW Treasury (Small Business Commission & Business Connect team) or other government agencies; and
      • (B) such agencies may contact you after your receipt of the grant for such purposes;
    • (iii) us contacting your insurance company to confirm or verify entitlements or the outcome of any claims made in relation to the Eligible Disaster;
    • (iv) us:
      • (A) disclosing any information, including personal information, to the ATO to request information or to conduct auditing and compliance to confirm that the relevant eligibility criteria and conditions for application and payment of a grant have been met; and/or
      • (B) where we suspect a case of fraud, other criminal activity, or any type of unsatisfactory professional conduct or misconduct, to report the matter to the ATO; and/or
      • (C) where we have conducted an investigation in response to information provided by the ATO, to share the results of that investigation with the ATO;
    • (v) disclosure of any information provided under your application to any regulatory, professional or industry body if we reasonably suspect unsatisfactory professional conduct or any other type of misconduct, including disclosure to:
      • (A) the Tax Practitioners Board;
      • (B) CPA Australia;
      • (C) Chartered Accountants Australia and New Zealand;
      • (D) the Australian Securities and Investments Commission;
      • (E) the Australian Competition and Consumer Commission; and
      • (F) the Law Society of NSW;
    • (vi) disclosure of any information in an application to the Australian Transactions Reports and Analysis Centre (AUSTRAC), if we reasonably suspect a case of fraud or other financial crime; and
    • (vii) us conducting an investigation in response to information provided by AUSTRAC and sharing the results of that investigation with AUSTRAC.
  2. You may be audited or investigated by Service NSW, the Department of Customer Service, NSW Reconstruction Authority, the NSW Auditor-General and/or other NSW or Commonwealth agencies to determine whether you are complying with these terms and conditions. You must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.3 Action for non-compliance

  1. If any information provided in a grant application or supporting documentation is found to be inaccurate, untrue or misleading, or if you receive a grant payment and we are satisfied that you are, were or have been in contravention any of the representations and conditions in clause 3.3(a), the Guidelines or these terms and conditions, Service NSW may take action to recover the whole or any part of the grant payment(s) and/or the Crown may recover from you the whole or any part of the grant payment(s) in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the Government Sector Finance Act 2018 (NSW).
  2. We may also 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, these terms and conditions or the Guidelines.

5 Privacy

5.1 Personal information

  1. We collect personal information that is provided by you as part of your application and from third parties for the purposes connected to the Program, including:
    • (i) assessing your application (including your eligibility);
    • (ii) auditing your compliance;
    • (iii) administering, reporting on, reviewing and evaluating the Program;
    • (iv) providing you with follow up support; and
    • (v) such other purposes set out in the Service NSW Privacy statement.
  2. We may disclose information, including personal information, provided by you to:
    • (i) other Commonwealth and NSW government departments and agencies who are involved in the funding of and administration of the Program;
    • (ii) your insurance company; and
    • (iii) the ATO, AUSTRAC and regulatory, profession and industry bodies,

      as set out in clause 4.2.
  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.
  4. We will collect, use, store, manage any or your or a third party’s personal information in accordance with the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and other applicable laws. The Service NSW Privacy statement and Privacy Collection Notice also sets out information about how we handle your personal information.

5.2 Publicity

We may publish information about you and your application where required as part of our legal obligations.

6 Liability

6.1 Your indemnity

You indemnify us, any NSW state government body and the Commonwealth government (and ours and 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 in connection with your breach of these terms and conditions or the Guidelines.

6.2 Limit on our liability

  1. We are entering into these terms and conditions with you for the purposes of providing you with grant funding as an act of grace payment under section 5.7(2) of the Government Sector Finance Act2018 (NSW). To the extent permitted by law, we and any NSW state government body (our and their officers, employees and agents) are not liable to you for any loss or damage which you or any person may suffer or incur arising out of or in any way connected with the Program however caused (including by negligence) and whether direct, indirect, incidental, special or consequential, including loss or damage arising from:
    • (i) any death, illness or personal injury;
    • (ii) any decision by us to make or refuse to make a payment under the Program, including on the basis that funds are unavailable or any error in such decision;
    • (iii) any delay by us in making a decision to make a payment under the Program;
    • (iv) the fraudulent application for payments made under the Program;
    • (v) any breach of these terms and conditions by us; and/or
    • (vi) any decision by us to suspend or terminate the entirety or any part of the Program.
  2. Any rights you may have at law are not excluded or limited.

7 General

7.1 Notices

  1. Where it is necessary to communicate with you directly in connection with your application or these terms and conditions, we may communicate with you at the email address provided with your application, and will be deemed to have been received by you 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.
  2. Where we are required to provide you with a notice in connection with these terms and conditions, we may do so by displaying the information (or a link to it) on our website, or by emailing it to you directly to the recorded details we have for you.

7.2 Force Majeure

Neither party will be liable for any failure or delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond that party’s reasonable control.

7.3 Entire agreement

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 you 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.

7.4 Waiver

A failure or delay to exercise a right, power or remedy does not prevent its further exercise. No waiver of a right, power or remedy under these terms and conditions is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.

7.5 Assignment

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).

7.6 Severability

If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

7.7 Governing Law

These terms and conditions shall be governed by and must be interpreted in accordance with the laws of New South Wales, Australia. Each party agrees to submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.

7.8 Survival

The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.

7.9 Interpretation

In these terms and conditions:

  1. the singular includes the plural and vice versa;
  2. 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. words ‘such as’, ‘including’, ‘for example’, ‘particularly’ and similar expressions are not used, nor are they intended to be, interpreted as words of limitation;
  4. a reference to:
    • (i) a ‘person’ includes a natural person, company, body corporate or other form of legal entity;
    • (ii) a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
    • (iii) a specific government authority includes its successor or replacement entity or body; and
    • (iv) a party includes its successors and permitted assigns;
  5. an agreement on the part of two or more persons binds them jointly and severally; and
  6. in determining the time of day, where relevant to these terms and conditions or the Guidelines, the relevant time of day is local time in Sydney, Australia.

Appendix A – Eligible Disaster

The details of the Eligible Disaster are as updated from time to time in the Guidelines.

  • AGRN—1212
    • Disaster Types—Severe Weather
    • Name of Disaster—NSW East Coast Severe Weather from 18 May 2025
    • AGRN 1212 NSW East Coast Severe Weather from 18 May 2025.
  • AGRN—1198
    • Disaster Types—Severe Weather
    • Name of Disaster—Tropical Cyclone Alfred Severe Weather from 3 March 2025
    • AGRN 1198 Tropical Cyclone Alfred Severe Weather from 3 March 2025 
Last updated: 2 July 2025