Terms and conditions for Play On! activity providers

Contents

  1. Definitions and interpretation
  2. Application of these terms and conditions
  3. Eligibility criteria
  4. Registration process
  5. Obligations
  6. Verification
  7. Redemption process
  8. Repayment obligations
  9. Closure, suspension or variation of PlayOn! Sports Vouchers program
  10. Liability and general
  11. Insurance Requirements for Activity Providers

1. Definitions and interpretation

1.1 In these Terms and Conditions:

a. Definitions:

Activity Provider means an organisation that has been approved by the Department and registered under the PlayOn! Sports Vouchers program.

Child means the child named on the Voucher.

Department means the State of Queensland (represented by the Department of Sport, Racing and Olympic and Paralympic Games).

Eligible Activity means an activity that the Activity Provider is registered to provide under the PlayOn! Sports Vouchers program as specified on the registration approval email from the Department.

Eligibility Criteria means the eligibility criteria in clause 3.1, 3.2 and 3.3

Fees means the membership, registration or participation fees of the Activity Provider in relation to an Eligible Activity.

Round means the particular PlayOn! Sports Vouchers program round that a Voucher is issued by the Department to a Child.

Terms and Conditions means these terms and conditions in place for Activity Providers under the PlayOn! Sports Vouchers program and as updated and amended from time to time.

Voucher means a voucher issued by the Department to a Child under the PlayOn! Sports Vouchers program.

b. A reference to a program, government department or agency, website or grant management system in these Terms and Conditions, will include a replacement or renamed program, government department or agency, website or grant management system that is the same or similar.

2. Application of these terms and conditions

2.1 These Terms and Conditions apply to the Activity Provider’s participation in the PlayOn! Sport Vouchers program, its registration and the acceptance and redemption of a Voucher.

2.2 These Terms and Conditions may be updated and amended from time to time and will take effect as the replacement Terms and Conditions on being posted to PlayOn! Pages.

2.3 The Activity Provider is responsible for checking the Terms and Conditions at the start of each Round and must advise the Department if it wishes to be removed as an Activity Provider or no longer meets the Eligibility Criteria.

2.4 Any changes to the Terms and Conditions which take effect during a Round will be notified to Activity Providers via the email address in the Activity Provider’s Enquire account and be posted to the PlayOn! pages.

3. Eligibility criteria

3.1 To be eligible to be an Activity Provider, an organisation must:

  1. meet the Queensland Blue Card requirements for persons working with children; and
  2. ensure that all Eligible Activities are conducted by appropriately qualified persons, including coaches, instructors, referees, managers and first-aid officers (where applicable); and
  3. have and maintain adequate policies and procedures to ensure the safety and well-being of participants and comply with all relevant workplace health and safety legislation; and
  4. hold and maintain adequate insurance policies as are required pursuant to section 11; and
  5. not be publicly named as “institutions that have declined to join the National Redress Scheme”. Read further information on the National Redress Scheme; and
  6. provide one or more activities listed in the eligible activity list (Appendix C) which are delivered in the State of Queensland and which are provided over a (minimum) of 6 hours; and
  7. belong to one of the following categories of organisation:
    1. hold a valid and current Australian Business Number (ABN) and be either:
      1. a sport and active recreation organisation or business (incorporated or otherwise), that is delivering an approved Eligible Activity in Queensland and is affiliated with one of the listed State or National Level Organisations (Appendix D), or
      2. one of the listed Queensland State or National level sporting organisations as set out in Appendix D; or
      3. a Queensland not-for-profit sport or recreation organisation, or a not-for-profit community organisation (providing physical activity as a part of its programs), incorporated under the:
        1. Associations Incorporation Act 1981 (Qld),
        2. Corporations Act 2001 (Cwlth),
        3. Cooperatives Act 1997 (Qld), or
        4. Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth); or
      4. a Parent & Citizens Association established under the Education (General Provisions) Act, 2006; or
      5. a Queensland State Primary or Secondary School or Queensland Non-State Primary or Secondary School (established under legislation) affiliated with one of the listed State or National Level Organisations and has a team which competes in community (non-school) events; or
      6. a Local Government Authority under a Local Government Act or the City of Brisbane Act, or
      7. a unit of the Australian Defence Force Cadets operating in Queensland established under section 62 of the Defence Act 1903 (Cth) (and comprising the Australian Navy Cadets, Australian Army Cadets and Australian Air Force Cadets);

3.2 To be eligible to be a Remote Activity Provider, in addition to complying with the requirements of clause 3.1 above, an organisation must also be located or deliver activities in an area defined in Appendix A.

3.3 To be eligible to be a Cross Border Activity Provider, an organisation must:

  1. be located outside of Queensland but within an approved region or town that borders Queensland as defined in Appendix B; and
  2. otherwise complies with the eligibility criteria set out in 3.1; and
  3. applies in writing to DSROPG requesting for approval to be granted Cross Border Activity Provider status; and
  4. agrees in writing to comply with the relevant working with children check within the state within which they are located.

3.4 To be eligible, Units of the Australian Defence Force Cadets unit must provide evidence that the applicant is authorised to register the unit, being:

  1. a letter/email of authority from the relevant Australian Defence Force Cadets chain of command; or
  2. other documentary evidence reasonably required by the Department,

and the Department may rely on confirmation from the Department of Defence regarding the unit’s status as Australian Defence Force Cadets.

4. Registration process

4.1 An organisation that meets the Eligibility Criteria is eligible to apply to become an Activity Provider.

4.2 An organisation’s application for registration may or may not be accepted by the Department, at the Department’s sole discretion. The Department’s decision is final, and the Department is not required to provide reasons.

4.3 The Department may contact an organisation to verify or request further information in relation to its application.

4.4 If an organisation’s application is accepted, its details will be included on the Activity Provider directory.

4.5 The Department may, at any time, cancel the Activity Provider’s registration under the PlayOn! Sports Vouchers program if:

  1. the Activity Provider did not or no longer meets the Eligibility Criteria or has changed its legal entity or status;
  2. there are serious misconduct allegations or findings against the Activity Provider, committee member or an officeholder of the Activity Provider;
  3. the Department holds reasonable concerns that the Activity Provider has engaged in activity or conduct contrary to the PlayOn! Sports Vouchers program or in respect of the application for, acceptance of or redemption of a Voucher/s;
  4. the Activity Provider fails to notify the Department under clause 5.1(l); and/or
  5. the Activity Provider does not comply with these Terms and Conditions.

4.6 The Department’s cancellation of an Activity Provider’s registration under clause 4.5 will take effect upon the Activity Provider’s receipt of a written notice.

4.7 An Activity Provider may ask for its registration as an Activity Provider to be cancelled for the next Round.

4.8 If an Activity Provider’s registration is cancelled under clauses 4.6 or 4.7, the Terms and Conditions continue to apply in relation to that organisation’s participation in the PlayOn! Sports Vouchers program and for the Vouchers accepted and/or redeemed by the organisation, in particular clauses 5.1(g), 5.1(h), 5.1(i), 5.1(n), 5.2(d), 5.3, 6.2, 8 and 10 continue to apply.

5. Obligations

5.1 The Activity Provider agrees:

  1. to ensure that it meets the Eligibility Criteria at all times during its registration as an Activity Provider;
  2. to ensure that at all times, the bank statement provided to the Department shows the business account name which matches the Activity Provider’s legal name;
  3. to comply with these Terms and Conditions and all laws (being, Acts, regulations, by-laws, approvals and requirements of any authority in relation to the services and activities provided by it);
  4. that it will only accept one Voucher per Child per financial year;
  5. that all Vouchers must be redeemed by the voucher redemption expiry date as specified on the Voucher. The Department will not accept redemption of a Voucher presented after this date;
  6. to only accept and redeem a voucher for an Eligible Activity, being an activity that the Activity Provider is registered to provide under the PlayOn! Sports Vouchers program as specified on the registration approval email from the Department;
  7. that where the Activity Provider has accepted a Voucher and does not redeem it before it expires, the Activity Provider is responsible for covering the child’s participation and/or membership fees up to the value of the Voucher and not seek this payment from the Child (or parent/guardian/carer). Without limiting any other rights the Department may have under these Terms and Conditions, the Department may cancel your participation as an Activity Provider under the PlayOn! Sports Vouchers program where an Activity Provider does not comply with this clause;
  8. to only accept a Voucher or a transfer of a redeemed Voucher amount, to pay costs towards Fees for the activity/s that it is registered for as detailed in its Activity Provider registration approval email from the Department, and not for any other activities or for the costs of any other individual or associated items including jerseys, boots, playing equipment and travelling costs;
  9. that Vouchers can only be redeemed for the Fees and up to a maximum of $200 based on the usual membership, registration or participation fees charged by the Activity Provider;
  10. that Vouchers must be received, and accepted by it, during the process of sign-on of a Child;
  11. a child must be registered and have completed the Activity Provider’s sign on process before the Activity Provider can submit a Voucher;
  12. that if the Activity Provider’s registration process does not occur in person that the Activity Provider obtains an electronic copy of the Voucher at the time of registration of the Child;
  13. to notify the Department immediately if:
    1. there is a change to its legal status, or it no longer meets the Eligibility Criteria, or its bank account details change (and provide evidence showing compliance with clause 5.1b above);
    2. there are serious misconduct allegations against it or one of its committee members or officeholders; or
    3. it reasonably suspects that a Child presenting a Voucher (including where a Voucher is being presented on behalf of a Child) may not be eligible under the PlayOn! Sports Vouchers program;
  14. that once it accepts and redeems a Voucher, it will not provide a refund to the parent, carer, guardian or Child of the amount redeemed, if the Child does not participate in the Eligible Activity, or decides to change to another Activity Provider;
  15. to confirm with the parent, carer or guardian prior to redeeming the Voucher:
    1. the membership rules;
    2. participation opportunities available to the Child delivered by the Activity Provider;
    3. membership, registration and participation fee inclusions and exclusions;
    4. attendance requirements; and
    5. any additional costs and/or requirements involved with participating in the Eligible Activity; and
  16. to comply with the Department’s reasonable requests (including for information and documents) about it, its Eligible Activity, a Voucher, or its eligibility for registration under the PlayOn! Sports Vouchers program and its redemption of a Voucher, to the Department’s satisfaction.

5.2 The Activity Provider acknowledges that:

  1. if the Fees are more than $200, it will be required to seek the difference from the parent, carer or guardian;
  2. if the Fees are less than $200 the balance is not redeemable in cash and cannot be used towards other fees;
  3. the Voucher is not transferable and can only be used for the Fees for the Child named on the particular Voucher;
  4. the amount of a Voucher which has been redeemed by an Activity Provider (Outgoing Provider), can be transferred if the Child wishes to change to an Eligible Activity provided by another Activity Provider (Incoming Provider); and
  5. the Department may not accept redemption of a Voucher that has been accepted other than in accordance with these terms and conditions.

5.3 Where there is a transfer of an amount under clause 5.2 above,

  1. these Terms and Conditions apply, where the context permits, in relation to the transferred amount as if it were a Voucher that had been redeemed;
  2. where the Incoming Provider’s Fees are less than the redeemed amount of the Voucher, the Incoming Provider must only receive a transfer of the amount equal to its Fees, and the excess amount will either (at the Department’s discretion) be retained by the Outgoing Provider or returned to the Department by the Outgoing Provider; or
  3. where the Incoming Provider’s Fees are more than the redeemed amount of the Voucher being transferred, the Incoming Provider may seek the additional fees direct from the parent, carer or guardian. The Department is not obliged to pay additional amounts, even if the amount of the Voucher issued was less than $200.

6. Verification

6.1 The Department reserves the right, at its discretion, to verify any information in connection with the Activity Provider’s participation in the PlayOn! Sports Vouchers program or before deciding whether to issue or accept the redemption of a Voucher. Verification may include any or all of the following:

  1. requesting additional information from the Activity Provider;
  2. making enquiries with the parent, carer or guardian of the Child or a referral agent; and
  3. anyone else.

6.2 The Activity Provider must retain copies of all documents associated with its participation in the PlayOn! Sports Vouchers program including a completed copy of the registration form for a Child and its acceptance and redemption of each Voucher for 3 years after accepting a Voucher, to allow for post-redemption verification or as part of an audit, if required by the Department.

7. Redemption process

7.1 The Activity Provider can only redeem valid Vouchers through their Enquire portal or as otherwise advised by the Department.

7.2 The Activity Provider agrees:

  1. that the nominated banking details provided must be in its name or under its control;
  2. that the representative seeking redemption of a Voucher on its behalf must be a duly authorised delegate;
  3. to maintain its details, including its banking details, in its online Enquire account to ensure prompt payment of funds;
  4. to redeem Vouchers prior to the voucher redemption expiry date identified on each Voucher;
  5. to only redeem a Voucher once;
  6. to provide all information to the Department requested during the redemption process; and
  7. to promptly contact the Department if any difficulties are experienced in redeeming a Voucher or for non-receipt of funds from the Department.

7.3 The Department will make reasonable endeavours to transfer funds in relation to a redeemed Voucher into the Activity Provider’s nominated bank account within 3–10 business days from the day a Voucher request redemption is accepted by the Department, depending on its financial institution and provided the correct information has been supplied by the Activity Provider.

7.4 Despite clause 7.3, the Department is not liable to the Activity Provider where funds are not received into its nominated bank account within 10 business days or where incorrect bank account details have been provided.

7.5 The Department is under no obligation to re-transfer funds where the Activity Provider has not provided up to date or accurate bank account details, and the transferred funds were not received by the Activity Provider.

8. Repayment obligations

8.1 The Department may require the Activity Provider to repay funds received in redeeming a Voucher if the Activity Provider:

  1. has provided the Department with information that is untrue, false or misleading;
  2. has engaged in activity or conduct contrary to the PlayOn! Sports Vouchers program or in respect of the application for, acceptance of or redemption of a Voucher/s;
  3. did not or no longer meets the Eligibility Criteria;
  4. has changed its legal status or legal entity and did not apply to be an activity provider under the new legal entity name or status; or
  5. has not complied with its obligations in clauses 5 and 7.

9. Closure, suspension or variation of PlayOn! Sports Vouchers program

9.1 The Department reserves the right, at any time, to:

  1. vary these Terms and Conditions, including the Eligibility Criteria and the process for redeeming the Vouchers;
  2. vary the maximum Voucher amount;
  3. vary the number of Vouchers available per Round under the PlayOn! Sports Vouchers program;
  4. vary the PlayOn! Sports Vouchers program requirements;
  5. close early, suspend or stop the operation of the PlayOn! Sports Vouchers program;
  6. alter or change the number of Rounds per year and/or the opening and closing date for each Round; and/or
  7. reduce or extend the period of the PlayOn! Sports Vouchers program.

9.2 The Department will endeavour to take into consideration, where appropriate, the impact on outstanding applications for Vouchers, and Vouchers not yet redeemed, before any such action is taken.

9.3 Any action taken to close early, suspend or stop the PlayOn! Sports Vouchers program will be notified on the PlayOn! pages.

10. Liability and general

10.1 The Department is not liable for any loss or damage, including personal injury, that may be sustained by the Activity Provider, the Child or any other person, while participating in an Eligible Activity or in the PlayOn! Sports Vouchers program.

10.2 The Department may share information (with prior written notice) about an Activity Provider with organisations that it reasonably determines have similar objectives or purposes (e.g., State Sporting Organisations or Local Government Authorities).

10.3 The Department expressly disclaims all liability, to the extent permitted by law, for any loss, damage or other consequence whatsoever whether direct or indirect, which may arise from the Activity Provider’s participation in an Eligible Activity or in the PlayOn! Sports Vouchers program.

10.4 The Activity Provider must not assign or subcontract its rights and obligations under the Terms and Conditions or in relation to a Voucher, without the Department’s prior written consent.

10.5 No rights under these Terms and Conditions will be waived except by notice in writing signed by the waiving party.

10.6 The PlayOn! Sports Vouchers program and all related documents are governed by the laws of the State of Queensland.

10.7 Notices will be issued by the Department to the Activity Provider’s physical or email address as listed in its online contact details under the PlayOn! Sports Vouchers program.

10.8 Except for amendments to the Terms and Conditions which take effect in accordance with clause 2, all other notices will be deemed to take effect when they have been received by the Activity Provider, which is deemed to occur as follows:

  1. immediately, where delivered by hand;
  2. immediately upon receipt of email confirmation; or
  3. 5 business days from date of posting.

11. Insurance Requirements for Activity Providers

11.1 Mandatory Insurance Coverage

11.1 Mandatory Insurance Coverage

(a) Activity Providers (except for units of the Australian Defence Force Cadets) participating in the PlayOn! Sports Vouchers program must maintain and provide evidence of the following insurance coverage:

  1. Public Liability Insurance:
    1. A minimum coverage of $10 million per claim to protect against claims for personal injury, property damage, or other liabilities arising from the delivery of activities under the program.
  2. Workers’ Compensation Insurance:
    1. Coverage as required under Queensland law for any employees or contractors engaged in delivering activities under the program.

(b) Units of the Australian Defence Force Cadets may satisfy the insurance requirement by providing either:

  1. confirmation that the unit’s activities are covered under the Commonwealth’s self-insurance arrangements (Comcover) or other Commonwealth coverage applicable to ADF Cadets; or
  2. alternative evidence of public liability and personal accident/workers compensation equivalent cover acceptable to the Program Administrator.

11.2 Evidence of Insurance

Remote Activity Providers must:

  1. provide a certificate of currency for each required insurance policy upon registration with the PlayOn! Sports Vouchers program;
  2. ensure that all insurance policies remain valid and up to date for the duration of their participation in the program; and
  3. submit updated certificates of currency to the Department upon request or when policies are renewed.

11.3 Failure to Maintain Insurance

If a remote Activity Provider fails to maintain the required insurance coverage:

  1. the Department reserves the right to suspend or remove the Activity Provider from the PlayOn! Sports Vouchers program;
  2. the Activity Provider will be solely responsible for any claims, damages, or liabilities arising from their activities; and
  3. the Department will not be held liable for any loss, damage, or injury resulting from the Activity Provider’s failure to maintain adequate insurance.

11.4 Indemnity

Remote Activity Providers agree to indemnify and hold harmless the Department, its employees, and agents from and against any claims, liabilities, damages, or expenses arising out of or in connection with:

  1. the delivery of activities under the PlayOn! Sports Vouchers program;
  2. any breach of these Terms and Conditions by the Activity Provider; and
  3. any failure to maintain the required insurance coverage.

11.5 Review of Insurance Policies

The Department reserves the right to review and approve the insurance policies held by remote Activity Providers to ensure compliance with this clause.

Appendix A – Remote Locations Activity Provider Map

Barcaldine Regional Council Longreach Regional Council
Aurukun Shire Council Mapoon Shire Council
Balonne Shire Council Mareeba Shire Council
Barcoo Shire Council McKinlay Shire Council
Blackall-Tambo Regional Council Mornington Shire Council
Boulia Shire Council Mount Isa City Council
Bulloo Shire Council Murweh Shire Council
Burke Shire Council Napranum Shire Council
Carpentaria Shire Council Northern Peninsula Area Regional Council
Cloncurry Shire Council Paroo Shire Council
Cook Shire Council Pormpuraaw Shire Council
Croydon Shire Council Quilpie Shire Council
Diamantina Shire Council Richmond Shire Council
Doomadgee Shire Council Torres Shire Council
Flinders Shire Council Torres Strait Island Regional Council
Hope Vale Shire Council Weipa Town Council
Kowanyama Shire Council Winton Shire Council
Lockhart River Shire Council  

Appendix B: Regions and Towns bordering Queensland

Postcode NSW Suburb
2409 Boggabilla, Boonal
2410 Yetman, Twin Rivers
2361 Ashford, Atholowood, Bonshaw, Limestone, Pindaroi
2372 Back Creek, Bolivia, Bookookoorara, Boonoo Boonoo, Boorook, Carrolls Creek, Cullendore, Dumaresq Valley, Forest Land, Liston, Mole River, Rivertree, Rocky River, Sandy Flat, Sandy Hill, Silent Grove, Tarban, Tenterfield, Timbarra, Willsons Downfall, Woodside, Wylie Creek, Mingoola
2476 Acacia Creek, Boomi Creek, Brumby Plains, Koreelah, Legume, Lindesay Creek, Lower Acacia Creek, Muli Muli, The Glen, Woodenbong
2474 Afterlee, Barkers vale, Border ranges, Cawongla, Cedar point, Collins creek, Cougal, Dairy Flat, Eden Creek, Edenville, Ettrick, Fawcetts Plain, Findon Creek, Geneva, Ghinni Ghi, Gradys Creek, Green Pigeon, Grevillia, Homeleigh, Horse Station Creek, Horseshoe Creek, Iron Pot Creek, Kilgra, Kyogle, Little Back Creek, Loadstone, Lynchs Creek, New Park, Old Grevillia, Roseberry, Roseberry Creek, Rukenvale, Sawpit Creek, Sherwood, Smiths Creek, Terrace Creek, The Risk, Toonumbar, Unumgar, Upper Eden Creek, Upper Horseshoe Creek, Wadeville, Warrazambil Creek, West Wiangaree, Wiangaree, Wyneden
2484 Back Creek, Bray Park, Brays Creek, Byangum, Byrrill Creek, Cedar Creek, Chillingham, Chowan Creek, Clothiers Creek, Commissioners Creek, Condong, Crystal Creek, Cudgera Creek, Doon Doon, Dulguigan, Dum Dum, Dunbible, Dungay, Eungella, Eviron, Farrants Hill, Fernvale, Hopkins Creek, Kielvale, Kunghur, Kunghur Creek, Kynnumboon, Limpinwood, Mebbin, Midginbil, Mount Burrell, Mount Warning, Murwillumbah, Murwillumbah Dc, Murwillumbah South, Nobbys Creek, North Arm, Numinbah, Nunderi, Palmvale, Pumpenbil, Reserve Creek, Round Mountain, Rowlands Creek, Smiths Creek, South Murwillumbah, Stokers Siding, Terragon, Tomewin, Tyalgum, Tyalgum Creek, Tygalgah, Uki, Upper Crystal Creek, Urliup, Wardrop Valley, Zara
2487 Casuarina, Chinderah, Cudgen, Duranbah, Fingal Head, Kings Forest, Kingscliff, Stotts Creek
2488 Bogangar, Cabarita Beach, Tanglewood
2489 Hastings Point, Pottsville, Pottsville Beach

Appendix C – Eligible Activities List

Appendix D - State Sporting Organisations/National Level Sporting Organisation

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Play On! Sports Vouchers Terms and Conditions

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