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Terms and conditions for SwimStart activity providers

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 SwimStart vouchers program.

    Child means the child named on the Voucher.

    Department means the State of Queensland (represented by the Department of Tourism and Sport).

    Eligible Activity means an activity that the Activity Provider is registered to provide under the SwimStart vouchers program as specified on the registration approval email from the Department.

    Eligibility Criteria means the eligibility criteria in clause 3.1.

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

    Learn to Swim includes water familiarisation, water safety and aquatic participation classes.

    Round means the particular SwimStart 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 SwimStart vouchers program and as updated and amended from time to time.

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

  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. All monetary amounts stated in these Terms and Conditions are exclusive of GST.
  7. 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 SwimStart 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 SwimStart web 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 primary email address in the Activity Provider’s Enquire account and be posted to the SwimStart web pages.

3. Eligibility criteria

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

  1. Deliver the activity in Queensland
  2. have a valid and current Australian Business Number (ABN)
  3. Be an affiliated member with:
    1. Australian Swim Schools Association
    2. AUSTSWIM
    3. Royal Life Saving Society Queensland; Or
    4. Swim Australia
  4. Ensure lessons are
    1. of age appropriate Learn to swim activity
    2. provided in-person weekly or in intensive learn to swim programs over a minimum of 150 minutes in total
    3. delivered in the State of Queensland,
    4. aligned/endorsed as meeting the National Swimming and Water Safety Framework benchmarks.
  5. have and maintain suitable public liability and team/participant insurance;
  6. meet the Queensland Blue Card requirements for persons working with children; and
  7. conducted by appropriately qualified persons, including;
    1. Teacher of Swimming & Water Safety Qualified
    2. Hold a current CPR certificate.
    3. Undertake annual Industry Professional development.
    4. For lessons involving children under 5 years old, hold appropriate qualification for age.

4. Registration process

4.1 An organisation that meets the Eligibility Criteria is eligible to apply to become a SwimStart 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 The Department will provide your registration details to the following for validation of affiliation:

  1. Australian Swim Schools Association
  2. AUSTSWIM
  3. Royal Life Saving Society Queensland
  4. Swim Australia

By registering you are authorising to have your affiliation verified with the above-mentioned industry bodies.

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

4.6 The Department may, at any time, cancel the Activity Provider’s registration under the SwimStart 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 SwimStart 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.

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

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

4.9 If an Activity Provider’s registration is cancelled under clauses 4.6 or 4.8, the Terms and Conditions continue to apply in relation to that organisation’s participation in the SwimStart 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 if approved for the learn to swim activity, the voucher can only be used for ages 0 to 4 years. No other activity or age group can apply or be eligible.
  3. to ensure that the nominated banking details provided are supported by a bank statement which shows the bank account name matches the Activity Provider’s legal or registered business name;
  4. 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);
  5. that it will only accept one Voucher per Child per Financial year;
  6. 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;
  7. to only accept and redeem a voucher for an Eligible Activity, being an activity that the Activity Provider is registered to provide under the SwimStart vouchers program as specified on the registration approval email from the Department;
  8. 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 SwimStart vouchers program where an Activity Provider does not comply with this clause;
  9. to only accept a Voucher or a transfer of a redeemed Voucher amount, to pay costs towards the 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 swimmers, goggles, swimming equipment and travelling costs;
  10. that Vouchers can only be redeemed for the Fees and up to a maximum of $150, based on the usual membership, registration or participation fees charged by the Activity Provider;
  11. 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;
  12. 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 SwimStart vouchers program;
  13. 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;
  14. 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 SwimStart 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 $150, it will be required to seek the difference from the parent, carer or guardian;
  2. if the Fees are less than $150, the balance is not redeemable in cash and cannot be used towards other fees;
  3. the Voucher is not transferable to another child 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 that offers learn to swim (Incoming Provider);
  5. If transferring a voucher for learn to swim activity for ages 0 to 4 years, the Activity Provider (Incoming Provider) will need to be approved for the SwimStart vouchers program and lists the eligible activity of ‘learn to swim’
    and
  6. 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 $150.

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 SwimStart 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 SwimStart 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 representative seeking redemption of a Voucher on its behalf must be a duly authorised delegate;
  2. to maintain its details, including its banking details, in its online Enquire account to ensure prompt payment of funds;
  3. to redeem Vouchers prior to the voucher redemption expiry date identified on each Voucher;
  4. to only redeem a Voucher once;
  5. to provide all information to the Department requested during the redemption process; and
  6. 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 redemption request 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 SwimStart 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 SwimStart 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 SwimStart vouchers program
  4. vary the SwimStart vouchers program requirements
  5. close early, suspend or stop the operation of the SwimStart 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 SwimStart 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 SwimStart vouchers program will be notified on the SwimStart 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 SwimStart vouchers program.

10.2 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 SwimStart vouchers program.

10.3 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.

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

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

10.6 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 SwimStart vouchers program.

10.7 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.
Last updated:
29 January 2024
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