Community Languages Schools Program:
Terms and Conditions
Guidebook
This document aims to help you understand the terms and conditions of the Community Languages Schools Program grants.
This document only highlights the main parts of the terms and conditions.
You should also read the terms and conditions of the contract.
Key Terms Introduction
This is not a legal document nor legal advice. If you have questions or issues about the terms of the contract, you should seek legal advice or directly contact the New South Wales Department of Education.
Delegated officer
Any officer of the Department who was given the authority to exercise a function by or for the Department.
Funding agreement
A document signed by You and the Department, which tells you who is involved in the Funding Agreement, the amount of any Funding and the terms and conditions.
Funding
The money that the department agrees to provide.
The Project
The approved activities that you have received the Funding for. This is listed on the Funding Agreement Schedule.
Program Guidelines Officer
The document which specifies the Program requirements. This is different from the Funding Agreement.
An employee or delegated officer of the Department.
Getting Started Before Using
the Funds
Refer to clause 3.1
Before using project funds:
(a) Read and understand the terms and conditions of the agreement you signed.
(b) Remember funding can only be used for the purpose of conducting the project.
(c) You must spend the money within the funding period.
(d) Do not enter into agreements that are not part of the Project’s purpose.
Protecting Workers
Refer to clause 7.1, 7.2, and 9.1
In Australia, we have laws to protect the rights and safety of workers.
You must take care of your workers according to the employment, anti-discrimination and Work Health and Safety laws.
You are responsible for your workers. All workers must have an employment contract outlining their duties and work conditions. Keep a copy of all contracts. To learn more, watch this video.
3 Protecting Children
Refer to clause 10
All workers, inlcuding volunteers who have direct contact with children and young people must:
• follow the Child Protection (Working with Children) Act 2012 and all related legislation.
• complete a Declaration and give consent to undergo a Working with Children Check (WWCC) before they start working.
• To learn more, watch this video.
4 Insurance
Refer to clause 7.1, 7.2, and 9.0
You must take out and maintain adequate broad form Professional Indemnity, Product Liability and Public Liability Insurances.
If property is damaged or someone gets hurt and the Department pays for them, you will have to repay the Department.
It is important to have insurance.
You must also take out and maintain adequate Workers Compensation Insurance for all your workers
If your organisation does not need this insurance, you must complete a Statutory Declaration. Ask your Educational Officer for a copy.
All insurance policies must be renewed every year.
5
During the Project
Accounts and Records
Refer to clause 3.5, 7.1 and 7.6
AYou must keep financial documents, insurance certificates, employment contracts and other records relating to the project. You may be asked to provide these records to the Department.
Funding should be kept in a separate account.
All income and expenditures related to the project must be identified.
In here, you can find the acquittal form, spreadsheet, and an online course about managing your funding.
6
Using the Funding
Refer to clause 2.6, 2.8 and 3.3
You must give the Department the reports and financial statements specified in Item 5 of the Funding Agreement. You must only spend the funding amount. If you spend more, you cannot claim the money back.
The report should contain a detailed list of all project activities, and a description of the Project.
Funding can be spent on: professional development and training; developing a teaching program; equipment, materials, resources and supplies related to teaching; cost of allowances for individual teachers and for the administration of the school.
Funding cannot be spent on: buying, repairing, or maintaining a building; religious or political meetings; or non-language classes.
7
Department Representatives
Refer to clause 3.4
The Department might send Representatives to your school to see how the project is going.
These Representatives could be an employee of the Department or someone they appointed.
You must let the Representative visit the Project’s location.
The Representative may also discuss the Project with you and other people involved.
8
Public Engagment
Refer to clause 3.4, 7.1, and 7.6
Receiving funding does not mean you are the Department’s agent or representative.
You must invite at leat one (1) government representative to all your public events. Please introduce them and invite them to speak.
On all printed and on-line materials, you must add:
“This program is funded by the NSW Government and administered by the NSW Department of Education” Include the NSW Government logo, but refer to their guidelines.
Refer to clause 5.2, 5.3 and 5.6 9
Stopping the Project
Funding can be stopped by the Department if you do not follow the terms and conditions of the agreement.
If you recieve a notice from the Department to stop the project, you must:
▪ complete all steps to stop the project
▪ stop spending the funding
▪ inform the host school, teachers, parents and others involved in the project that it has stopped
▪ repay to the Department any money spent on things outside of the scope of the Project.
NSW Department of Education
End of the Funding 10
Refer to clause 2.9, 2.1, and 5.1
You must provide records of how money was spent within three months of the end of the funding period.
If there is money left at the end of the funding period, you must return the unspent money to the Department within one month after the final aquittal form is submitted.
Each funding application is different. Getting funding once does not mean you will get funding again.You must apply every year.
Acknowledgement
This resource was envisioned and developed in collaboration with Hunter Community Languages, the Centre for Law and Social Justice, and the following students: Mircea Matthews, Annette Mitchell, Therese Morris, Emma Pascoe, Tin Yan Wong, and Jiajia Zhao.
To provide feedback on this resource, please contact:
Dr Alice Neikirk
School of Law and Justice, University of Newcastle, Australia alice.neikirk@newcastle.edu.au