Terms and conditions for SwimStart referral agents

1. Definitions and interpretation

11.1 In these Terms and Conditions:
a. Definitions:

Activity Provider means an organisation that has been approved by the Department and registered under the SwimStart 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).

Referral Agent means a person who is registered with the Department as a referral agent under the SwimStart program.

Round means the particular SwimStart program round that a Voucher is issued by the Department to a Child.

Terms and Conditions means these terms and conditions in place for Referral Agents under the SwimStart program and as updated and amended from time to time.

Voucher means a voucher issued by the Department to a Child under the SwimStart program.

Voucher Terms and Conditions means the terms and conditions for the application and use of SwimStart vouchers.

1. Headings are for convenience and do not affect interpretation.
2. “Include”, “includes” and “including” must be read as if followed by the words “without limitation”.
3. A word importing the singular includes the plural (and vice versa).
4. A reference to any legislation includes any consolidation, amendment, re­enactment or replacement of legislation.
5. 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 Referral Agent’s participation in the SwimStart program, its registration and its application for Vouchers (if applicable).

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 the SwimStart web pages.

2.3 The Referral Agent is responsible for checking the Terms and Conditions at the start of each Round and can advise the Department if it wishes to be removed as a Referral Agent 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 Referral Agents via the email address provided as part of the Referral Agent’s registration under the SwimStart program and will be posted to the SwimStart web pages.

Referral agent registration process

3.1 To be eligible to be a Referral Agent under the SwimStart program, a person must:

1. predominantly work in a professional capacity with children/young people or families;
2. be able to demonstrate in your professional capacity that the child or family of the child is experiencing financial hardship;
3. Referral agents can include:
4. School Principals
5. Child Safety Officer
6. Community Health Worker
7. Child Care Centre Director/Manager

• Kindergarten or Pre School Director/Manager

1. agree to comply with the obligations for referring a child to the SwimStart program as set out in these Terms and Conditions; and
2. agree to comply with the obligations for Referral Agents applying for a Voucher for a child under the SwimStart program as set out in the Voucher Terms and Conditions.

3.2 A person who meets the criteria in clause 3.1 above is eligible to apply through the SwimStart web page.

3.3 An application to be a Referral Agent 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.

3.4 The Department may contact the applicant to verify or request further information in relation to its registration application.

3.5 The Department may, at any time, cancel the Referral Agent’s registration under the SwimStart program if:

1. the Referral Agent did not or no longer meets the Eligibility Criteria;
2. there are serious misconduct allegations or findings against the Referral Agent;
3. the Referral Agent does not comply with these Terms and Conditions; and/or
4. the Referral Agent does not comply with the Voucher Terms and Conditions for a particular Voucher applied for as a Referral Agent.

3.6 The Department’s cancellation of a Referral Agent’s registration under clause 3.5 will take effect upon the Referral Agent’s receipt of a written notice.

3.7 A Referral Agent may ask for its registration to be cancelled at any time by providing written notice to SwimStart@sport.qld.gov.au.

3.8 If a Referral Agent’s registration is cancelled under clauses 3.6 or 3.7, the Referral Agent is no longer entitled to be a referral agent for a Voucher or apply to the Department for Vouchers for children/young persons under the SwimStart

program. However, Referral Agent must continue to comply with clauses 5 and 7 of these Terms and Conditions.

3.9 A Referral Agent who is registered pursuant to these Terms and Conditions is entitled to:

1. refer in their professional capacity, a child (between the ages of 0 and 4 at time of referral to receive a Voucher (Referral Process); or
2. make an application to the Department for a Voucher for a Child under the SwimStart program.

3.10 Each time a Referral Agent makes an application to the Department for a Voucher, it must comply with the Voucher Terms and Conditions in relation to that application.

4. Referral process

4.1 For a child to be eligible for referral through a Referral Agent:

1. the application for a Voucher must contain the name, position, organisation name, telephone number and email address of the Referral Agent who referred the child; and
2. the Referral Agent must be able to demonstrate, if requested, the reasons why the child is referred, specifically in relation to needing financial assistance to join an Activity Provider.

4.2 To be eligible to refer a child to the SwimStart program, you warrant and agree that you:

1. have known, in a professional capacity, the child being referred, for at least 3 months;
2. are not an immediate family member of the child applying for the Voucher;
3. will not specify at which Activity Provider the Voucher should or must be redeemed; and
4. will guide parents, carers and guardians of children who are not eligible to be
   referred (under the referral process) to the SwimStart program website.

4.3 The Referral Agent is responsible for providing details of how to apply for a Voucher when directing the parent, carer or guardian to apply for a Voucher. The link to the application sent by the department must only be used for one child referred by the Referral Agent.

5. Verification

5.1 The Referral Agent consents to the Department and the Department reserves the right, at its discretion, to verify any information in connection with the Referral Agent’s participation in the SwimStart 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 Referral Agent;
2. requesting additional information from the Referral Agent’s employer or organisation that you are contracted to that is connected with your eligibility to be a Referral Agent;
3. making enquiries with the parent, carer or guardian of the Child or an Activity Provider; and
4. anyone else.

5.2 The Referral Agent must retain copies of all documents associated with its participation in the SwimStart program to allow for post-redemption verification if required.

5.3 The Referral Agent agrees to provide all information and documents reasonably requested by the Department in relation to a Voucher, its registration as a Referral Agent or its participation in the SwimStart program.

6. Closure, suspension or variation of SwimStart Program

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

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

6.2 Any action taken to close early, suspend or stop the SwimStart program will be notified on the SwimStart web pages.

7. General

7.1 The Referral Agent must not assign or subcontract its rights and obligations under the Terms and Conditions without the Department’s prior written consent.

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

7.3 The SwimStart program and all related documents are governed by the laws of the State of Queensland.

7.4 Notices will be issued by the Department to the Referral Agent’s physical or email address as listed in the contact details database held by the Department under the SwimStart program.

8. Personal information

a. Where the Referral Agent collects or has access to personal information (as defined under the Information Privacy Act 2009) in order to refer a child to receive a Voucher or makes an application to the Department for a Voucher for a Child under the SwimStart program, the Referral Agent agrees to:

i.    comply with Parts 1 and 3 of Chapter 2 of the Information Privacy Act 2009 (Qld) in relation to the discharge of its obligations under these