Terms and conditions for Play On! Sports Vouchers activity providers

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

1. have a valid and current Australian Business Number (ABN) and be either:

1. a sport and active recreation organisation or business, 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 (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) 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

2. a Local Government Authority under a Local Government Act or the City of Brisbane Act., provide one or more activities:

1. listed in the eligible activity list (Appendix C);

2. delivered in the State of Queensland,

3. provided over a (minimum) of 6 hours

100. meet the Queensland Blue Card requirements for persons working with children; and

101. ensure that all Eligible Activities are conducted by appropriately qualified persons, including coaches, instructors, referees, managers and first-aid officers (where applicable); and

102. not be publicly named as “institutions that have declined to join the National Redress Scheme”. Read further information on the National Redress Scheme.

33.2 To be eligible to be a Remote Activity Provider, an organisation must:

aa.be located or deliver activities in an area defined in Appendix A, and:

bb.have a Australian Business Number (ABN) and:

1. be a Queensland State School or Queensland Non-State School (established under legislation) or;

2. a Local Government Authority under the Local Government Act , or;

3. a sport or active recreation organisation or business.

c. c. providing one or more activities:

1. listed in the eligible activity list (Appendix C);

2. delivered in the State of Queensland,

3. provided over a (minimum) of 6 hours

d.meet the Queensland Blue Card requirements;

e.ensure that all Eligible Activities are conducted by appropriately qualified persons, including coaches, instructors, referees, managers and first-aid officers (where applicable);

f.not be publicly named as “institutions that have declined to join the National Redress Scheme”. Read further information on the National Redress Scheme; and,

g.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.

3.3 Notwithstanding the provisions of clause 3.1 and 3.2 above, to be eligible to be a Cross Border Activity Provider, an organisation must:

a. a. be located outside of Queensland but within an approved region or town that borders Queensland – as defined in Appendix B;

b. b. otherwise complies with the eligibility criteria set out in 3.1 or 3.2

1. Organisations seeking an exemption will be required to comply with the relevant working with children check within the state that they are located.

c. a. applies in writing to DSROPG requesting for approval to be granted Cross Border Activity Provider status.

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 Play On! 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 Play On! 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 Play On! 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.

5.1 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 Play On! 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 Play On! 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 Play On! 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

15. 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 Play On! 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.

6.1 The Department reserves the right, at its discretion, to verify any information in connection with the Activity Provider’s participation in the Play On! 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 Play On! 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.

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 Play On! 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.

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 Play On! 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 Play On! 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 Play On! 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 Play On! 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.