Introduction
1. These terms and conditions apply to all Provider organisations participating in the Program.
2. The Provider’s eligibility to participate in the Program is subject to its compliance with these terms and conditions.
3. The Australian Sports Commission ('ASC’) may at any time, by notice to the Provider, vary these terms and conditions.
4. These terms and conditions apply without limitation to or from the User Terms and Conditions applicable to users of the Site, and the Coach Terms and Conditions applicable to Coaches.
Definitions
5. In these terms and conditions:
- ‘Child-Related Personnel’ means officers, employees, contractors, agents, and volunteers of the Provider (including Coaches), involved with the Program, who as part of that involvement may interact with children;
- ‘Coach’ means an individual (being an employee, contractor or volunteer of a Provider) nominated by a Provider to deliver activities under the Program, excluding Teachers;
- ‘NSO’ means a National Sporting Organisation accepted by the ASC as a partner sport in the Program;
- ‘NSO-endorsed Provider’ means a provider organisation approved by an NSO to deliver Sport packages under the Program with respect to the NSO’s sport;
- ‘Program’ means the ASC's Sporting Schools program, designed to help primary and secondary schools increase children’s participation in sport, delivered in partnership with NSOs;
- ‘Provider’ means an organisation involved in delivering Sport packages for Schools, under the Program. It may be an NSO, NSO-endorsed Provider or other organisation registered for the Program;
- ‘Relevant Legislation’ means any legislation of the Commonwealth, State or Territory that applies in the jurisdiction where activities are being delivered under the Program;
- ‘School’ means an educational establishment whose major activity is the provision of full-time primary or secondary education, accepted by the ASC to conduct activities under the Program;
- ‘Site’ means the Program website;
- ‘Site account’ means an account established for use of the Site by a Provider or Coach that intends to participate in the Program, subject to the Site User Terms and Conditions;
- ‘Sport package’ means an eligible sporting activity or product delivered under the Program;
- ‘Teacher’ means an individual (being an employee of a School, that has a valid State and/or Territory teacher registration) nominated by a School to deliver activities under the Program;
- ‘Working With Children Check’ or ‘WWCC’ means the process in place under Relevant Legislation to screen an individual for fitness to work with children.
Acknowledgements
6. The Provider acknowledges and agrees that:
- its participation in the Program imposes no obligations on the ASC;
- its participation in the Program is subject to the Program being funded by the ASC;
- it will not be eligible to participate as a Provider in the Program, if it is named by the National Redress Scheme for Institutional Child Sexual Abuse on its list of "Institutions that have not joined or signified their intent to join the Scheme”;
- it may be engaged by a School for the delivery of Sport package(s) under the Program;
- a School is under no obligation to request the services of the Provider to deliver any Sport package under the Program;
- at no time will the Provider, or its Coaches or employees, be employees, contractors, partners, or agents of the ASC in relation to the Program; and
- NSOs, Schools and Teachers are not employees, contractors, partners, or agents of the ASC.
Program bookings
7. A Provider must have a Site account to participate in the Program. The Provider’s Site account provides an online platform for administration and management of Program delivery by the Provider, including enabling the Provider to access booking requests made by Schools and assign booking requests to Coaches.
8. The Provider acknowledges and agrees that:
- all its dealings with Program bookings must be in accordance with the Provider Guidelines;
- all bookings for the Program will be managed through the Site account;
- it may receive communications relevant to a booking request through its Site account;
- it will accept or decline a booking request through its Site account;
- by accepting a booking request through its Site account, the Provider enters into a direct legal relationship with the relevant School. The ASC is not a party to this agreement;
- by assigning a booking request to a Coach through its Site account, the Provider enters into a direct legal relationship with the Coach. The ASC is not a party to this agreement;
- individual users of the Provider’s Site account must comply with the User Terms and Conditions; and
- the ASC may amend the Site, and the Provider’s Site account at any time.
Non-endorsed Providers
9. An NSO may, at its discretion, elect to nominate Provider(s) as an ‘NSO-endorsed Provider’ via the Program Site. NSOs must ensure that:
- each of its NSO-endorsed Providers (if any) - has the capacity, capability, and expertise to deliver Sport packages safely and to the standard required by the NSO and these terms and conditions; and
- when approving Providers as NSO-endorsed Providers, the NSO’s decision must be based solely on quality standards relevant to delivery of Sport packages, including those requirements (if any) set out on the Sporting Schools website.
10. An NSO may also elect to withdraw its nomination of a Provider as an ‘NSO-endorsed Provider’ via the Program Site, but must notify the ASC of that change, and provide reasons for the change if requested to do so by the ASC.
Delivery
11. The Provider must satisfy any safety and training requirements for the Program as specified by the ASC from time to time.
12. The Provider must ensure that its Coaches have and maintain valid industry qualifications, training, and expertise to deliver the relevant activities under the Program.
13. In delivering Sport packages under the Program, the Provider must, and must ensure that its Coaches:
- comply with the Program requirements as set out in the Provider Guidelines for delivery of the relevant activities;
- comply with all applicable laws and regulations;
- meet appropriate standards of care;
- comply with the ASC Anti-Doping Policy and any other applicable anti-doping policy. The Provider must immediately notify the ASC if a Coach breaches any applicable anti-doping policy;
- comply with all applicable policies of the Provider, the School and responsible State and Territory Government departments;
- maintain a high standard of personal behaviour and integrity, and not bring the Coach, the relevant NSO, the Provider, the School, or the Program into disrepute, and comply with any applicable Provider, Coach Code of Behaviour;
- without limitation to the above, follow appropriate work health and safety and risk management policies and practices;
- without limitation to the above, deliver sessions safely and comply with supervision ratios in accordance with Provider and School policies and procedures; and
- use appropriate facilities and equipment.
Child safety
14. The Provider must:
- comply with all Relevant Legislation relating to the employment or engagement of Child-Related Personnel in relation to the Program, including obtaining all necessary Working with Children Checks (WWCC) however described;
- ensure that WWCC remain current, and that Child-Related Personnel continue to comply with all Relevant Legislation for the duration of their involvement in the Program; and
- require its Child-Related Personnel, if requested, to provide details and/or evidence of valid WWCCs to the relevant School and the ASC.
15. In delivering Program activities the Provider agrees to:
- implement the National Principles for Child Safe Organisations (available at: https://childsafe.humanrights.gov.au/national-principles);
- ensure that all Child-Related Personnel implement the National Principles for Child Safe Organisations;
- complete and update, at least annually, a risk assessment to identify the level of responsibility for children and the level of risk of harm or abuse to children;
- put into place and update, at least annually, an appropriate risk management strategy to manage the risks identified through the risk assessment required by clause 15(c);
- provide training and establish a compliance regime to ensure that all Child-Related Personnel are aware of, and comply with:
(i) the National Principles for Child Safe Organisations;
(ii) the Provider’s risk management strategy required by clause 15(d)
(iii) Relevant Legislation relating to requirements for working with children (including WWCC), and mandatory reporting of suspected child abuse or neglect, however described; - if requested, provide the ASC with an annual statement of compliance with clause 14 and 15, in such form as may be specified by the ASC; and
- notify the ASC of any failure to comply with clause 14 or 15;
- co-operate with the ASC in any review conducted by the ASC of the Provider’s implementation of the National Principles for Child Safe Organisations or compliance with clause 14 or 15; and
- promptly take all action necessary to rectify any failure to implement the National Principles for Child Safe Organisations or any other failure to comply with clause 14 or 15.
General
16. The Provider must supply any information and reporting regarding its activities under the Program, as required by the ASC.
17. If requested at any time (including after the completion of its participation in the Program), the Provider must participate in research and evaluation undertaken by the ASC or its contractors in relation to the Program.
18. The Provider must comply with any reasonable request or direction from the ASC in relation to the Program, including specified measures to deal with an event or circumstance that has, or is likely to have, an adverse effect on the health or safety of persons.
19. The Provider consents to receive information, including marketing and promotional material, from the ASC in relation to the Program.
20. The Provider must not, without the prior approval of the ASC, publish, distribute, or communicate any material relating to the Program, whether developed by the Provider or otherwise, including any publicity materials, sponsorship messages or participant handouts intended for distribution to children, parents, or schools.
21. The Provider must not, without the prior written approval of the ASC, use the name or logo of the ASC or the Australian Institute of Sport. A registered Provider is permitted to use the Program logo but only in accordance with the Sporting Schools Branding Guide.
Personal information
22. The ASC collects personal information in the course of delivering and administering the Program and may disclose the personal information supplied by the Provider to any or all of the following:
- Schools and Coaches for the purpose of prospective or confirmed delivery of activities under the Program;
- ASC contractors for the purpose of Program delivery and administration;
- researchers engaged by the ASC for the purpose of undertaking Program research and evaluation; and
- other Australian Government agencies for their relevant purposes such as to improve the effective administration, monitoring, and evaluation of Australian Government programs, for research, and to announce grant recipients.
Further information about the way in which the ASC manages personal information is available in the ASC Privacy Policy.
23. When dealing with personal information in carrying out the activities under the Program, the Provider agrees to comply, and to ensure that its Coaches, officers, employees, agents and contractors, comply with the Privacy Act 1988 (Cth) and not to do anything which, if done by the ASC, would breach an Australian Privacy Principle as defined in that Act.
Insurance and liability
24. The Provider will deliver activities under the Program entirely at its own risk.
25. The Provider acknowledges and agrees that it is:
- not covered by any ASC insurance, and Coaches, Schools and Teachers are not covered by the ASC’s insurance;
- responsible for enquiring as to the insurance carried by, or covering, each Coach and School, in connection with the activities delivered by the Provider; and
- responsible for ensuring the adequacy and validity of the insurance carried by or covering the Provider and Coaches.
26. The Provider indemnifies the ASC, its officers and employees against all loss, damage, claims, and expenses arising out of, relating to or in connection with:
- the performance of any activities under the Program by the Provider or its Coaches, officers, employees, agents, contractors or volunteers;
- any negligent, wrongful, or unlawful act or omission of the Provider or its Coaches, officers, employees, agents, contractors or volunteers in connection with the Program; or
- any breach of any of these terms and conditions by the Provider, except to the extent that such loss, damage, claims, and expenses are caused by the negligent, wrongful, or unlawful acts or omissions of the ASC, its officers or employees.
27. The Provider releases the ASC and its officers, employees and agents from any liability arising out of, relating to, or in connection with:
- any loss of or damage to any property of the Provider or its Coaches, officers, employees, agents, contractors or volunteers, or any property for which the Provider or its Coaches, officers, employees, contractors, volunteers is responsible; or
- any injury or illness to, or death of, any of the Provider’s Coaches, officers, employees, agents, contractors or volunteers, arising out of, relating to or in connection with the Program.
28. The obligations to indemnify and release set out in clauses 26 and 27 survive the expiry or termination of the Provider’s participation in the Program.
Termination
29. The ASC may at any time by notice, at its absolute discretion, suspend or terminate the participation of a Provider and/or any of its Coaches in the Program.
30. Without limitation to clause 29, where a Provider breaches any of these terms and conditions, the ASC may, at its absolute discretion, terminate participation of the Provider and/or any of its Coaches in the Program. Such termination does not prevent an individual Coach from being nominated by another Provider.
Miscellaneous
31. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.
32. These terms and conditions are governed by the laws of the Australian Capital Territory and the Provider agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.