ISARP optional conditions

Page last updated: 29 October 2013

10 Small Grants Program

10.1 You must, if you are receiving Funding for a small grants program, and in compliance with the Indigenous Sport and Active Recreation Program (ISARP) Information and Guidelines, Small Grants Programs requirements, submit draft guidelines to us for approval including terms and conditions that will apply to grants, within 20 Business Days of signing this Agreement.

10.2 The draft guidelines must comply with the objectives of the ISARP and clearly set out the criteria that teams and/or individuals applying for a grant will be assessed against. The criteria should include:

  • age limits (where appropriate)
  • the amount available to individuals per grant and in total for the year
  • the amount available to teams per grant and in total for the year
  • activities that will be supported and activities that will not be supported, and
  • if a means test for individuals and teams is to be applied, the details of that means test.

10.3 The draft guidelines must also specify that Indigenous athletes eligible for support for travel and accommodation expenses under the Indigenous Sports Program administered by the Australian Sports Commission (ASC) are not eligible to receive further support for travel and accommodation under the ISARP Annual Funding Round. Athletes receiving support under the ASCs Indigenous Sport Program may be eligible for assistance from the ISARP for costs other than travel and accommodation—for example, registration fees and uniforms.

10.4 You must, in compliance with the ISARP Information and Guidelines, Small Grants Programs requirements, submit a privacy policy specifically dealing with the information provided by individuals and teams applying for a grant to us for approval within 20 Business Days of signing this Agreement.

10.5 The privacy policy must be consistent with clause 16 of the Australian Government Terms and Conditions—Standard Funding Agreement.

10.6 No Funds will be released to you under this Agreement until the Office for Sport has approved your draft guidelines and privacy policy. Failure to comply with conditions 10.1 to 10.5 of the ISARP Supplementary Conditions would be a breach of this Agreement which could result in termination of this Agreement by us under clause 23 of the Australian Government Terms and Conditions—Standard Funding Agreement.

11 Carnivals/competitions

11.1 You must, if you are receiving Funding for a carnival or competition, and in compliance with the ISARP Information and Guidelines, sport and physical recreation carnivals/competitions requirements, submit to us a risk assessment for the carnival or competition within 20 Business Days of signing this Agreement.

11.2 The risk assessment must focus on the security and safety aspects of the carnival/competition and provide evidence that all relevant government agencies (including the police and local council) have been consulted and support the proposed carnival/competition. A letter/s of support from the relevant authorities is sufficient evidence.

11.3 You must, in compliance with the ISARP Information and Guidelines, sport and active recreation carnivals/competitions requirements, submit to us the following information within 20 Business Days of signing this Agreement:

  • an estimate of the number of participants;
  • whether participants will be required to pay an entry fee and how much that fee will be;
  • an estimate of the expected financial return of the carnival/competition;
  • a full budget for the whole event (not just the Office for Sport funded component); and

11.4 No Funds will be released to you under this Agreement unless you comply with conditions 11.1 to 11.3 of the ISARP Supplementary Conditions above. Failure to comply would be a breach of this Agreement which could result in termination of this Agreement by us under clause 23 of the Australian Government Terms and Conditions—Standard Funding Agreement.

12 Recruitment

Where Funds are provided for the full or partial payment of salaries of staff for new or vacant positions (and in particular key management positions) of yours, you must comply with the following procedures:

EITHER

12.1 Follow the steps outlined below:

  1. You must prepare an accurate duty statement and selection criteria statement prior to the position being advertised and make these statements available to all applicants. You must advise all applicants (whether in the selection criteria or elsewhere) that the selection process will also entail applicants satisfying employment, financial and a relevant State/Territory Police criminal record checks.
  1. You must advertise the position in at least one appropriate and recognised local or regional newspaper and provide us with a copy of the advertisement.
  1. You must set up a selection panel consisting of at least three people to conduct interviews of suitable applicants and to select the most suitable applicant to fill the position, having regard to:
    1. the selection criteria
    2. equal employment opportunity principles, and
    3. the results of financial and employment checks being carried out on the applicant and the Police Check on the applicant under clause 19 of the Australian Government Terms and Conditions—Standard Funding Agreement.
  1. You must ensure that the selection panel does not consist of anyone who has a potential, or the appearance of, or an actual, conflict of interest. A conflict of interest will arise when a persons interest in a thing or matter is in opposition to the persons duty to act honestly, fairly and professionally.
  1. If, following the selection process detailed above, you proceed to fill the position, you must formalise the contract of employment in writing. You must ensure that any such contract provides for a reasonable probation period and complies with all relevant legislation. Where the employees contract period exceeds the period of the Funding you acknowledge that we may not approve further funding.
  1. You must obtain our prior approval if you intend to use a process other than that outlined at paragraphs 12.1 (a) to (e) of the ISARP Specific Conditions above.

Note

We reserve the right not to release funds for the salaries of employees who cannot demonstrate the necessary expertise and management ability to fulfil the obligations of the position we fund.

OR

12.2 Contract a suitable employment agency to go through the process of electing the relevant staff on your behalf. The process followed by the agency should be similar to the one outlined above.

13 Vehicle leasing/purchase

13.1 You must, if you are receiving Funding to lease or purchase a vehicle, and in compliance with the ISARP Information and Guidelines, vehicle leasing/purchase requirements, provide to us for audit purposes the log book for each vehicle leased or purchased with Funding under the ISARP if requested by us at any time during this Agreement.

13.2 A log book entry must be completed for every trip made in the funded vehicle and include the following details:

  • driver name
  • purpose of trip
  • kilometres travelled
  • date and time of departure and return.

13.3 Failure to comply with conditions 13.1 and 13.2 of the ISARP Specific Conditions would be a breach of this Agreement which could result in termination of this Agreement by us under clause 23 of the Australian Government Terms and Conditions—Standard Funding Agreement.

14 Governance training

14.1 All members of the funded organisation responsible for governance must participate in governance training and development as negotiated and agreed by us.

15 Amended reporting requirements

15.1 This supplementary condition replaces only Item E in the Schedule.

15.2 You must provide to us within 30 days of 30 June 2014:

  1. a completed Statutory Declaration form, available from your local State or Territory Office, together with any receipts or other documents which verify expenditure of the Funding for the purposes of the Activity; and
  1. a report that provides Activity performance information including:
    1. a description of actual performance against the Objectives and the performance indicators
    2. whether the activity set out in the Schedule has been completed, and
    3. whether the Objectives of the Activity have been achieved.

15.3 The Statutory Declaration must verify that you have used the Funding, which is public money provided to you under this Agreement, for the Activity and in accordance with this Agreement. The Statutory Declaration and report must be signed by a person with the appropriate authority and knowledge to do so, such as the person who signs the Funding Agreement.

16 Separate bank account

16.1 You must ensure that Funds are held in an account under your sole control and in your name maintained with an established financial institution such as a bank, building society, or credit union, operating in Australia.

16.2 In relation to Funds provided for the Activity, you must ensure the account referred to in condition 16.1 of the ISARP Specific Conditions is:

  1. established solely for the purposes of accounting for, and administering, any Funding provided by us to you under this Agreement, and
  2. separate from your other operational accounts
  3. the account is not to contain any monies other than the Funds and interest earned on the Funds.

17 Requirements for Entry Level Employment Positions funded under this Agreement

17.1 The aim of the Activity is for You to employ, train and support Indigenous employees (including former CDEP employees), in the sport and recreation sector.

The Activity will create sustainable, ongoing employment that develops economic participation of employees. Positions are funded with particular regard to the desire and needs of indigenous employees to fill identified positions.

17.2 Employees will be employed in accordance with the Indigenous Sport and Active Recreation Program Information and Guidelines for the hours funded under this Agreement Position titles may include, but need not be limited to: sport and recreation officers, community workers, coaches, instructors, educators, development officers, officials, gym workers, event coordinators, managers, project managers, administrative officers, book keepers, receptionists, ground and maintenance staff. Employees must be provided with an appropriate job description for the position. For each position funded under this Agreement you must provide the Department with a position description that provides a description of the role to be undertaken by the Indigenous employee.

17.3 Funds are provided to you for the recruitment and retention of employees and to ensure employees receive standard sport and recreation sector employment conditions, equal to those provided by you to any other non-Indigenous Sport and Active Recreation Program funded employees employed by You. Employees engaged under the Activity must be employed under terms and conditions in accordance with the Fair Work Act 2009 and any other relevant legislation including that they will receive the relevant award wage and employment-related on-costs (superannuation, leave and entitlements) Funds are to be utilised for salaries, employee on-costs and employee training only. The minimum hourly rate for each position will be based on the relevant State/Territory award.

17.4 Where recruiting You must prepare an accurate duty statement and selection criteria statement prior to the position being advertised and make these statements available to all applicants. You must advise all applicants (whether in the selection criteria or elsewhere) that the selection process will also entail applicants satisfying employment, financial and a relevant State/Territory Police in accordance with clause 19 of the 11 May 2011 Terms and Conditions—Standard Funding Agreement.

17.5 You must set up a selection panel consisting of at least three people to conduct interviews of suitable applicants and to select the most suitable applicant to fill the position, having regard to:

  • the selection criteria
  • equal employment opportunity principles, and
  • the results of financial and employment checks being carried out on the applicant and the Police criminal record checks on the applicant in accordance with clause 19 of the 11 May 2011 Terms and Conditions—Standard Funding Agreement.

17.6 You must ensure that any selection panel does not consist of anyone who has a potential, or the appearance of, or an actual, conflict of interest. A conflict of interest will arise when a persons interest in a thing or matter is in opposition to the persons duty to act honestly, fairly and professionally.

17.7 If, following the selection process detailed above, you proceed to fill the position, you must formalise the contract of employment in writing. You must ensure that any such contract provides for a reasonable probation period and complies with all relevant legislation. Where the employees contract period exceeds the period of the Funding you acknowledge that we may not approve further funding.

Should you engage an employment agency then the process outlined above should be similarly followed.

17.8 Funds are provided to you to ensure employees receive appropriate on-going training, support and mentoring (including work-related professional development and culturally appropriate education). Employees are to be fully engaged within a career pathway, as a means of ensuring high levels of retention within the participant organisation.

17.9 Positions must be filled by Aboriginal or Torres Strait Islander people only. Former CDEP position holders must be given an opportunity to apply. If an employee engaged under the Activity ceases employment or moves to other employment with you, you must offer the position to another Aboriginal and Torres Strait Islander person. The Department must be notified of such changes, through progress report/s.

17.10 A Police criminal record check for each employee, as required under clauses 17.4 and 17.5, will be undertaken in accordance with relevant state or territory legislation. The Department must be notified of the details of such checks in each progress report.