Terms and conditions for FairPlay voucher referral agents

1. Definitions and interpretation

1.1 In these Terms and Conditions:

1. Definitions:

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

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

Round means the particular FairPlay 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 Referral Agents under the FairPlay vouchers program and as updated and amended from time to time.

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

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

2. Headings are for convenience and do not affect interpretation.
3. “Include”, “includes” and “including” must be read as if followed by the words “without limitation”.
4. A word importing the singular includes the plural (and vice versa).
5. A reference to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation.
6. 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 FairPlay vouchers 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 FairPlay 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 FairPlay vouchers program and will be posted to the FairPlay pages.

3. Referral agent registration process

3.1 To be eligible to be a Referral Agent under the FairPlay vouchers 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. agree to comply with the obligations for referring a child or young person to the FairPlay vouchers program as set out in these Terms and Conditions; and
4. agree to comply with the obligations for Referral Agents applying for a Voucher for a child or young person under the FairPlay vouchers 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 to become a Referral Agent.

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 FairPlay vouchers 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 fairplayvouchers@dtis.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 FairPlay vouchers 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 5 and 17 (inclusive) to receive a Voucher (Referral Process); or
2. make an application to the Department for a Voucher for a Child under the FairPlay vouchers 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 or young person 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 or young person; and
2. the Referral Agent must be able to demonstrate, if requested, the reasons why the child/young person is referred, specifically in relation to needing financial assistance to join an Activity Provider.

4.2 To be eligible to refer a child or young person to the FairPlay vouchers program, you warrant and agree that you:

1. have known, in a professional capacity, the child or young person being referred, for at least 3 months;
2. are not an immediate family member of the child or young person 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 FairPlay vouchers 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 or young person 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 FairPlay 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 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 FairPlay vouchers 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 FairPlay vouchers program.

6. Closure, suspension or variation of FairPlay 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 FairPlay vouchers program requirements;
3. vary the Voucher Terms and Conditions;
4. close early, suspend or stop the operation of the FairPlay vouchers 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 FairPlay vouchers program.

6.2 Any action taken to close early, suspend or stop the FairPlay vouchers program will be notified on the FairPlay 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 FairPlay vouchers 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 FairPlay vouchers program.

8. Personal information

1. 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 or young person to receive a Voucher or makes an application to the Department for a Voucher for a Child under the FairPlay vouchers program, the Referral Agent agrees to:

• 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 Terms and Conditions or the Voucher Terms and Conditions as if the Referral Agent was the Department;
• ensure that personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;
• not use personal information other than for the purposes of its participation in the FairPlay vouchers program, unless required or authorised by law;
• not disclose personal information (other than to the Department) without the consent of the Department, unless required or authorised by law;
• not transfer personal information outside of Australia without the consent of the Department;
• fully co-operate with the Department to enable the Department to respond to applications for access to, or amendment of a document containing an individual’s personal information and to privacy complaints; and
• comply with such other privacy and security measures as the Department reasonably advises the Referral Agent in writing from time to time.

2. The Referral Agent must immediately notify the Department on becoming aware of any breach of clause 8(a).