Western NSW Workforce Activation Program - Round 2 Guidelines

The intended recipients of grant funding under the program are eligible ECEC service providers (Streams 1 – 3), and eligible public or privately owned organisations that are registered under the Australian Skills Quality Authority (including Registered Training Organisations or Universities) or not-for-profit organisations partnering with eligible ECEC service providers (Stream 3 only), providing services in the LGAs of Carrathool Shire, Hay Shire and Warrumbungle Shire.

The source agency for the program is the Department of Primary Industries and Regional Development (the department).

The department is administering the program.

This grant opportunity is a targeted, competitive grant program.

A key principle of any grant program is to achieve value for money. This is important to ensure the benefits of the grants are maximised for the people of NSW. Ways in which applicants may contribute to delivering value for money include:

• considering the most efficient and innovative means of carrying out grant activities
• considering how government objectives and the applicant’s identified needs can be mutually achieved
• adopting an effective approach to identifying and managing risks
• collaborating with officials in monitoring and evaluation processes.

The program is designed to deliver value for money by requiring applicants to address this requirement as part of the assessment criteria. Applicant responses to value for money questions in the program application form will be assessed and inform funding recommendations made to the decision maker. Applicant co-contributions will be considered as part of the value for money assessment.

The department has designed the program to deliver value for money by:

• efficient and effective grant design and delivery
• using processes and procedures proportional to the grant’s value and risk
• managing risk to minimise unintended consequences, such as wasteful or fraudulent use of resources
• supporting grantees to achieve value for money in their grant activities
• planning for monitoring whether funds are being used for the intended purposes, and that projects remain on track.

Projects must commence within 6 months of the commencement date of the funding deed and be completed within 2 years from the commencement date of the funding deed.

Each stream has a minimum and maximum amount of funding that an applicant can apply for. Eligible applicants may apply for any or all 3 streams. Information on what is eligible in each stream is available in Eligible Projects.

Details of the minimum and maximum grant amounts are provided in Table 1.

Eligible applicants are strongly encouraged to make a financial co-contribution to their project however, this is not a mandatory eligibility requirement. Project delivery or viability should not be dependent on co-contributions or other grant funding that has not been secured.

Co-contributions could include leveraging applicant funds as well as funding from other sources including other NSW or Australian government programs. Successful applicants will be required to acquit all costs met through co-contributions.

In-kind contributions

In-kind contributions may include donated materials, applicant-owned equipment or direct internal staff time to deliver the project.

Applicants must provide itemised details on any in-kind contributions in their application, including:

• the value of an in-kind contribution, for example $1,400 project management cost
• a short description of the in-kind contribution and how it has been calculated, for example 20 hours of project manager wages at $70 per hour.

Other grant funding

Co-contributions may include funding from other grant sources including other secured NSW or Australian Government grants. Applicants must provide information on the value of the grant, name of the grant and deliverables funded by the other grant. Grants not secured should not be relied on as co-contribution.

Where a project has received funding from the NSW or Australian Government and any part of the project scope duplicates deliverables to be funded by this program, the project will be assessed as ineligible (see Ineligible projects). 

The project or program must demonstrate compliance with the Regional Development Act 2004 (the Act). Applicants must detail how the project is compliant with the Act (see below) and identify which of the purposes (a-g) the project delivers.

Purposes for which funding will be provided

Funding will only be provided for a purpose that is consistent with one or more objects of the Act

(a)    to promote economic and employment growth in regions in accordance with the principles of ecologically sustainable development
(b)    to support sustainable economies, a healthy environment and resilient communities in regions
(c)    to support place-based solutions, targeted to the development problems of particular locations and developed in collaboration with the local community, that promote improved economic, environmental and social outcomes in regions
(d)    to assist communities in regions to capitalise on regional strengths by supporting the diversification, adaptation and resilience of regional economies, including in relation to established and emerging primary and other industries
(e)    to support the transition of communities affected by economic, environmental and social change
(f)    to facilitate the economic and social development of Aboriginal communities and Aboriginal enterprises in regions
(g)    to encourage cooperation in relation to the matters in paragraphs (a)–(f) among all tiers of government, including local government, the private sector and not-for-profit organisations.

The eligibility criteria cover: 

• eligible applicants
• eligible projects
• eligible locations
• eligible costs.

To be eligible for grant funding, an applicant must meet all the following requirements:

1. be approved to provide an eligible ECEC service in one or more of the 3 eligible LGAs. Eligible ECEC services are:
   • long day care
   • family day care
   • preschool
   • mobile child care
   • out of hours school care.
2. are a not-for-profit, for-profit or local government provider of ECEC services
3. have the capacity to increase the number of ECEC places within an eligible LGA
4. have an overall National Quality Standard (NQS) current rating of ‘Meeting NQS’ or higher*
   * Requirement for NQS rating does not include newly established ECEC service providers who have not yet been given NQS rating.
5. have an Australian Business Number (ABN)
6. be able to demonstrate they are financially viable
7. hold or commit to obtaining public liability insurance of not less than $20 million
8. be a fit and proper person/legal entity
9. not be insolvent, bankrupt, subject to ongoing legal proceedings or listed on the Australian Department of Education’s Enforcement Action Register
10. declare in the application form that the applicant is not aware of any issues which could cause reputational or other risks to the NSW Government
11. if applicable, provide evidence of the co-contribution towards the project. 

Aboriginal ECEC services, including Aboriginal Community-Controlled Organisations, are strongly encouraged to apply.

Stream 3 applicants 

The following organisations are also eligible to apply for Stream 3 funding: 

• public or privately owned education and training organisations that are registered under the Australian Skills Quality Authority
• registered training organisations
• universities
• not-for-profit organisations coordinating applications or project delivery on behalf of or in partnership with eligible ECEC service providers.

All non-ECEC service provider applicants for Stream 3 must partner with one or more ECEC service provider/s in an eligible LGA and provide evidence of the partnership agreement. Details must also be provided on what the coordinating or training organisation will deliver and what the partnering ECEC services receive.

Eligible Aboriginal organisations providing support and/or delivery functions to ECEC services and workforce are encouraged to apply under Stream 3.

If an applicant’s circumstances in relation to the above eligibility criteria change after submitting an application, the applicant should provide updated information by contacting the department via email at regionaldevelopmenttrust@dpird.nsw.gov.au.

Applicants will be assessed as ineligible if they cannot provide sufficient evidence to meet the requirements of the eligible applicant criteria.

ECEC applicants will be assessed as ineligible if one or more of the 7 quality areas in the NQS for their approved ECEC service are rated at ‘Significant Improvement Required’ in their current rating.

NSW Government agencies are ineligible applicants under the program. 

The following types of projects are eligible for funding under each of the 3 streams.

Stream 1 – Service improvements and expansions 

Projects that enable a service provider to increase the availability of ECEC places by improving or expanding services.

Examples of Stream 1 projects include:

• extending current services by offering additional places in/across the eligible LGAs and maintaining the places for a minimum of 12 months
• providing additional transport options that allow for an increase in enrolments
• employing extra staff to assist with operational and administrative functions for maintaining or obtaining accreditation, or service delivery support for extra places, to return qualified staff to ECEC duties or to enable longer hours of operation for the duration of the project
• providing an additional ECEC service alongside an existing ECEC, such as a preschool adding an out of hours school care or mobile child care service.

Stream 1 projects can consider:

• covering staffing and recruitment costs for activities relating to their proposed project
• meeting operating expenses required to increase service hours or places, such as increased rent or utilities  
• purchasing additional resources and equipment required to expand their services
• allowing for additional regulatory or council fees required to support extra places or to enable longer hours of operation.

Stream 1 projects must demonstrate a direct ability to increase the number of ECEC places offered in an eligible LGA.

Stream 2 – Capital works and upgrades 

Projects that include capital works necessary for the service to accommodate additional ECEC places. Examples of Stream 2 projects include:

• undertaking capital works to modify, renovate, improve or extend existing buildings to expand capacity
• landscaping works, including fencing, shade sails and outdoor play areas and equipment to provide for the additional places.

Landowner’s consent is required for all applications for Stream 2 funding where the applicant is not the landowner.

Stream 2 projects must demonstrate a direct ability to increase the number of ECEC places offered in an eligible LGA.

Stream 3 – Workforce attraction and retention 

Projects that will directly contribute to filling critical shortages in the ECEC workforce, thereby allowing for an increase in ECEC places available in an eligible LGA. Examples of Stream 3 projects include:

• a worker attraction program to engage, attract and relocate appropriately qualified ECEC professionals to fill vacancies or roles within an ECEC service
• a skills development program that creates or strengthens local workforce pipelines, such as providing training or other services, wrap around support, mentoring and professional development
• a professional development package that supports the retention of ECEC educators in roles with ongoing local workforce shortages. 

All streams

Projects must commence within 6 months of the commencement date of the funding deed and be completed within 2 years from the commencement date of the funding deed.
Applicants will need to plan for and meet all regulatory requirements. A successful funding application does not guarantee approval from the relevant regulatory, government or planning decision-making body.

Inclusion and accessibility

Projects must demonstrate the provision of fit-for-purpose, accessible and safe facilities, or increased participation opportunities by using universal design principles to increase accessibility and inclusion. This applies to all streams, to improve accessibility and inclusion that encourages greater participation for children and adults.

Applicants will be required to describe how their project/s address inclusion and accessibility.

Improved outcomes for Aboriginal people

The NSW Government is committed to supporting Aboriginal people and communities to drive local and place-based initiatives and solutions through funded projects. It acknowledges regional communities are unique and therefore initiatives and solutions need to be bespoke, tailored and determined by the local community. 

Projects that seek to improve outcomes for Aboriginal people must align with the skills, aspirations and experiences of local Aboriginal communities. These projects must address a demonstrated community need and deliver positive impact on social outcomes for Aboriginal people and communities in regional NSW.

All applicants will be required to describe how their organisation and project/s meets the needs of local Aboriginal people.
 

A project will be assessed as ineligible if: 

• it does not meet the eligibility criteria or provide information required to assess eligibility
• it is not located in an eligible LGA or for Stream 3, directly delivering Stream 3 activities to one or more eligible LGAs
• it does not directly deliver increased ECEC places or for Stream 3 activities, directly address critical ECEC workforce shortages that enable increased ECEC places
• it delivers activities in ineligible LGAs in addition to eligible LGAs
• it does not meet the minimum and maximum funding amount requirements
• it has received funding from the NSW or Australian Government for any part of the project scope that duplicates deliverables to be funded by this program
• it has more than 50% of the funding request allocated to ineligible project costs
• it is for planning purposes only
• it requires ongoing funding from the NSW or Australian Government to be financially viable. 

Projects must be located in one or more of the following LGAs:

• Carrathool Shire
• Hay Shire
• Warrumbungle Shire.

Applicants for Stream 3 may be located outside of these eligible LGAs. However, Stream 3 activities must be delivered in or provide benefits to one or more of the eligible LGAs only.

The project costs must support the objectives of the program. 

Eligible costs include:

• construction costs for infrastructure development, expansion or upgrades that would not be considered business-as-usual activities and operations
• the purchase of equipment that relates specifically to the delivery of the service or program
• the employment of staff or service providers to deliver the service or program only for the duration of the project.

Eligible projects costs include:

• project management and administration totalling no more than 10% of the requested funding amount
• contingency of no more than 20% of the requested funding amount.

Projects must not commence until both the applicant and the department have executed a funding deed. Applicants must not incur costs to be funded by the program until an executed funding deed is in place.

The following project costs are ineligible for funding:

• any costs for works or improvements that are not directly related to delivering the Eligible project
• costs relating to upgrades or refurbishments of office and administration areas, or private and personal spaces that are not essential to the success of the project
• costs relating to the purchase of non-fixed equipment such as mobile equipment and vehicles, boats, trailers, motorhomes, with the exception of equipment or vehicles that are essential to the success of the project
• purchase of land or buildings
• financing, including interest and debt financing
• costs relating to depreciation of plant and equipment
• staff training costs not directly related to the project
• funding for ongoing staff or operational costs beyond the scope and timeframe of the funded project
• marketing campaigns
• business cases, plans or strategies (excluding building plans necessary for Stream 2)
• accommodation and transportation costs for staff working on the project, with the exception of service providers engaged to deliver the project and costs associated with relocating worker/s to address a skills shortage
• general maintenance, repairs or business as usual activity not directly related to the project
• retrospective costs for the project
• project management or contingency costs that exceed the eligibility requirements.

As part of the assessment process, the department will consider whether the project, the applicant and its representatives and any partner organisations pose a reputational or other risk to the NSW Government. Projects and/or applicants found to be unsuitable due to reputational or other risks will be ineligible for funding.

Eligible projects will be assessed to ensure the project is feasible and able to be delivered. Project feasibility will be assessed against the following criteria:

• provision of a realistic project budget with quotes, and/or detailed cost estimates
• provision of a detailed and realistic project management plan demonstrating the project can be completed in the required timeframe
• provision of a feasible and sustainable proposed operating model
• demonstrated project management experience and capacity (or ability to access the necessary expertise and support) to deliver the project
• provision of a detailed risk management plan with risk mitigation strategies.
  Projects found to be unfeasible will be ineligible for funding.

Applicants are required to demonstrate strategic alignment to:

• the program objective (see Purpose and objectives)
• the Regional Development Trust’s Key Focus Areas (see Purpose and objectives)
• the Regional Development Trust Fund Investment Strategy and Governance Framework
• other relevant state, regional or local strategies, policies and plans.

As outlined in the program’s Purpose and objectives, a key principle of any grant program is to achieve value for money. This is important to ensure that the benefits of the grants are maximised for the people of NSW.

Applicants are required to demonstrate how they will contribute to delivering value for money, economic benefit and a balanced approach to regional economic growth by providing evidence that they have:

• considered the most efficient and innovative means of carrying out grant activities
• considered how government objectives and the applicant’s identified needs can be mutually achieved
• adopted an effective approach to identifying and managing risks, including adopting measures to regularly monitor the project budget and manage costs
• considered value management through the design and delivery of the project
• considered the potential for the project to deliver long-term economic benefits
• provided a financial and/or in-kind co-contribution towards the project
• demonstrated community support for the project
• considered the ability to establish partnerships to deliver the project
• considered the ability of the project to contribute to a diversity of project types across rural and regional NSW.

Applicants will be required to demonstrate their capacity to maintain Stream 2 Capital works and upgrades as part of their application. 

The program is a single stage application process. 

Applicants may apply for up to one of each funding stream within an application. Applications applying for funding under one or two streams only are also acceptable. Applicants may submit more than one application.

Applications involving multiple entities must be submitted by an eligible lead applicant and evidence of the commitment of the parties to the project must be provided in the form of an agreement, memorandum of understanding or letter signed by the parties.

Applicants must submit their applications and supporting documents through the program’s online application portal on SmartyGrants.

Applicants must submit their applications by the closing date and time outlined in these program guidelines. 

The department retains discretion to extend the closing date and time, and to accept late applications in extenuating circumstances.

Applicants cannot reopen or amend applications after the closing date and time.

Each application must include the documents or application sections listed in the Application Form which include the following:

• a clear project scope and description of stream activities
• a detailed project budget based on quotes or detailed estimates, reasonable assumptions or previous experience with similar projects
• a detailed project management plan demonstrating the project will be successfully completed in the required timeframe
• information on key personnel
• a detailed risk management plan demonstrating an understanding of the project’s risks and strategies to manage or mitigate the risks
• landowner’s consent using the template provided (if required)
• annual financial statements for the 2 most recent years.

All applications must provide evidence of:

• licensing/certification for provision of ECEC services (ECEC applicants)
• evidence of partnering with ECEC services (non-ECEC Stream 3 applicants)
• RTO or other training licence/qualifications (for applicants providing training services or packages)
• capacity to provide any cash co-contribution
• details of what is included in any in-kind co-contribution
• at least $20 million in public liability insurance in the name of the applicant, or a commitment that the applicant is willing to secure at least $20 million in public liability insurance if successful.
• All applicants must provide the information requested in the application form.

A project management plan template is available through a link in the application form and on the program's webpage. Applicants can use this template or other formats as long as the necessary information is included.

Applicants must not include false or misleading information in their applications. If an application contains false or misleading information, the department may deal with the application, as the department determines in the circumstances and may, for example, determine that the application is ineligible.

Applicants will receive a notification of receipt from SmartyGrants.

The department may contact applicants to verify information or seek further information.
 

Frequently Asked Questions and other resources to assist with applications may be updated regularly on the program page. The program's webpage on the NSW Government’s Grants and Funding should be considered the authoritative source of all grant information. 

The department can support applicants in preparing an application. Please contact regionaldevelopmenttrust@dpird.nsw.gov.au.

Compliance and eligibility

The department will assess all submitted applications against the compliance and eligibility criteria identified in these guidelines.

Non-compliant or ineligible applications will not be considered for further assessment.

Project feasibility

The department will then assess all compliant and eligible applications against the feasibility criteria identified in these guidelines.

Other subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects (if required). Confidentiality will be maintained throughout the process.

Project proposals that are assessed as compliant, eligible and feasible will progress to merit-based assessment. 

Step 1 – Department assessment

The department will undertake an initial merit-based assessment for applications that have been determined as compliant, eligible and feasible as part of the preliminary assessment stage. 

The department may seek additional information to assist in the merit-based assessment process. The department will notify applicants if additional information and supporting material is required and the timeframes in which it is required.

Other subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects (if required). Confidentiality will be maintained throughout the process.
The department will provide the preliminary and merit-based assessment outcomes to the assessment panel.

Step 2 – Assessment panel determination

An assessment panel will meet to consider and determine the preliminary and merit-based assessment outcomes for each application. 

The assessment panel will take into consideration any personal, business and/or probity issues and risks that could cause reputational or other risk to the NSW Government.

The assessment panel may recommend a lesser amount of funding for an application or defer a recommendation pending further information. The assessment panel may also recommend specific funding conditions, where appropriate.

The preliminary and merit-based assessment outcomes determined by the assessment panel will be provided to the Regional Development Advisory Council (the Advisory Council) for review. 

Step 3 – Regional Development Advisory Council review

The Regional Development Advisory Council (the Advisory Council) is an independent body appointed by the Minister for Regional NSW to provide advice on regional investment to ensure the interests of regional communities are at the centre of government decision making.

The Advisory Council will review the merit-based assessments and provide advice to the Minister for Regional NSW.

The Advisory Council may recommend partial funding for projects where only a component of the project is considered suitable and eligible. The Advisory Council may also recommend specific funding conditions, where appropriate.

The Advisory Council can take the following broader factors into consideration when recommending projects as suitable for funding: 

• total amount of funding available
• if the project facilitates a balanced approach to regional economic development that contributes to a diversity of project types across rural and regional NSW
• other factors that are deemed relevant and important in a local or whole of NSW context.

Advice may also be sought from other NSW Government agencies or other sources (such as probity advisors).

Recommendations

Following completion of the assessment process, the department will provide the preliminary and merit-based assessment outcomes and the recommendations of the Advisory Council to the Minister for Regional NSW for final funding decisions.

The decision maker is the Minister for Regional NSW. 

The decision maker will review the availability of grant funds, the assessment outcomes provided by the department and the recommendations of the Advisory Council.

The decision maker may take other factors into account that may result in an application being considered unsuitable for funding, including issues that could cause reputational or other risks to the NSW Government.

In limited circumstances, the decision maker may waive selection criteria, for example, where not doing so would lead to perverse or unfair outcomes, be contrary to the policy intent, or damage the reputation and integrity of the program.

Final decision

The decision maker’s decision is final in all matters, including:

• the approval to award a grant
• the amount awarded
• the terms and conditions of the grant.

The department will send successful applicants a letter of conditional offer. 

Successful applicants may be required to sign confidentiality undertakings, promising to keep the outcome of the application process confidential until the NSW Government makes a public announcement. 

Successful applicants will be required to sign funding deeds with the department. 

The department will notify unsuccessful applicants in writing of the outcome of their applications.

Feedback and appeal 

The department will offer unsuccessful applicants a feedback information session.

There is no appeal mechanism from the decision-maker’s decisions.

Announcements

The NSW Government may announce the outcome of funding applications at its discretion. 

Key information about the grants awarded will be published on the NSW Government Grants and Funding Finder, in accordance with the requirements of the NSW Grants Administration Guide 2024. 

This information, plus information submitted in applications and related correspondence, may be open access information under the Government Information (Public Access) Act 2009 (NSW) which must be made publicly available unless there is an overriding public interest against disclosure of the information. Information that is commercially sensitive may be withheld.

The NSW Government may use information submitted in applications and in funding deeds for promotional material and to develop case studies. 

Applicants can review a sample funding deed (PDF 638.8KB).

The department will tailor the funding deed for each project to include the grant instalment amounts, activities, deliverables, timeframes and any special conditions.

Terms and Conditions 

The funding deed will set out the grant recipient’s obligations including, for example, to:

• meet activity timeframes and deliver the project on time
• notify the department of any delays
• be responsible for project cost overruns
• repay grant funds which are not spent in accordance with the funding deed
• repay unspent grant funds
• submit progress reports
• meet monitoring and acquittal requirements
• maintain insurances
• acknowledge the grant as per the Funding Acknowledgement Guidelines for Recipients of NSW Government Grants available at Sponsorship and Funding Acknowledgment Guidelines
• provide data
• participate in program evaluation and audits including to determine the extent to which the project has contributed to the program objectives
• keep records for 7 years
• advise the department of any changes to the grant recipient’s legal status.

The funding deed will include the department’s termination rights, including if the grant recipient has engaged in conduct that might cause reputational damage to the NSW Government or has provided misleading information in its application.

To enter a funding deed, successful applicants will be required to confirm project information and provide a copy of all relevant and applicable insurances, project approvals (e.g. development approvals, landowner’s consent) and/or other supporting documentation relevant to the project or as requested by the department, as part of the contracting process.

Changes to projects

After funding deeds are executed, the department may consider requests for variations to projects only in limited circumstances. 

Instalments

The department will pay grants in instalments. 

The funding deed will set out the instalment amounts and what the grant recipient needs to do receive each instalment (e.g., complete specified activities and provide evidence of completion and reports within a timeframe).

Timing and requirements will vary at the department’s discretion, depending on the scope and risk of the project. Evidence of expenditure will be required to claim instalments and acquit eligible costs.

The first grant payment will be made once all required documents have been provided to, and approved by the department and the funding deed has been signed by both parties. 

Tax

Grants are GST exclusive. If a grant recipient is registered for GST, GST will be applied on top of the grant value when payment is made. 

Grants are assessable income for taxation purposes, unless exempted by taxation law. Grant recipients should seek independent professional advice about taxation obligations or seek assistance from the Australian Taxation Office. The NSW Government does not provide advice on individual taxation circumstances. 

If a grant recipient’s project is completed and there are unspent funds remaining from the grant allocation, the department may require the grant recipient to return the unspent funds.

Alternatively, the grant recipient may request to use the unspent funds on extending the scope of the project if the request aligns with the objectives of the program and the grant recipient provides supporting information to the department. The department is under no obligation to agree with the request.
 

The department will monitor how grant recipients are spending their grants and how their projects are progressing.

Grant recipients will be required to submit regular progress reports, final reports and other information to the department. 

Grant recipients will be required to inform the department if their circumstances change. 

The department will monitor the funded projects against the purpose and objectives of the program. 

Grant recipients will be required to participate in evaluation, such as surveys and reporting.

If applicants have any concerns about the program or individual applications, please contact the department in writing via email at regionaldevelopmenttrust@dpird.nsw.gov.au.

If applicants do not agree with the way the department handled an issue, applicants may contact the NSW Ombudsman.
 

The Government Information (Public Access) Act 2009 (NSW) (GIPA Act) provides for the proactive release of government information by agencies and gives members of the public an enforceable right to access government information held by an agency (which includes Ministerial offices). Access to government information is only to be restricted if there is an overriding public interest against disclosure.

The NSW Legislative Council has the power to order the production of State papers by the Executive Government. Standing Order 52 provides that the House may order documents to be tabled by the Government in the House. The Cabinet Office coordinates the preparation of the papers – that is, the return to order. The return to order may contain privileged and public documents. Privileged documents are available only to members of the Legislative Council. 

Note that documents submitted as part of a grant application may be subject to an application under the GIPA Act or an order for papers under Standing Order 52. 

If applicants require further information about the GIPA Act and/or Standing Order 52, please contact the department via email at: regionaldevelopmenttrust@dpird.nsw.gov.au.
 

Conflict of interest management

Applicants (and their officers and staff) must declare any perceived, potential or real conflicts of interest in respect of the grant opportunity. They must declare such conflicts on the application form. 

Where there is a conflict of interest detrimental to the grant opportunity, applicants must put mitigation measures in place. The department may require individuals not to participate in the application or delivery stage.

Confidentiality

All applicants (successful and unsuccessful) must keep the outcome of the grant opportunity confidential until the NSW Government makes a public announcement. 

Successful applicants will be required to provide a confidentiality undertaking and must keep the outcome of the application process confidential until the NSW Government makes a public announcement.

Applicants agree not to disclose any confidential information pertaining to the grant program application or funding deed without prior written consent of the department.

Conduct

Applicants must not participate in any anti-competitive conduct.

Applicants must not offer any gifts, benefits or hospitality to any NSW Government employee at any time.

Any inducement in contravention of this condition may result in an applicant’s application not being considered.

The NSW Government may, in its absolute discretion, and without limiting any other rights which it may have, do all or any of the following at any time without giving notice or reasons:

• require additional information from an applicant
• change any of the requirements of these guidelines
• alter or vary any process, procedure or timing related to the grant
• suspend or terminate the grant opportunity
• negotiate with one or more preferred applicants without prior notice to any other applicant
• terminate any negotiations being conducted with any applicant
• re-advertise for new applicants
• consider any non-conforming application
• terminate an applicant’s further participation in the grant opportunity for any reason (including if the department considers that an application contains false or misleading statements or may damage the reputation of the department or the program)
• not proceed to execute any funding deed, or
• proceed with a funding deed in ways not contemplated in these guidelines.

All intellectual property rights in these guidelines remain the property of the department. Applicants are permitted to use these guidelines for the purpose of preparing an application only, and if successful, managing grant expenditure in accordance with these guidelines. Applicants must not use these guidelines, or any information contained in these guidelines for any other purpose.

Applications and information submitted in response to these guidelines may be used by the department for promotional material if successful, unless otherwise agreed between the applicant and the department. The applicant agrees that the department may make copies and reproduce applications for any purpose related to the grant opportunity. In addition, the department will retain (electronic and hard) copies of all applications.

Changes and publication

Where significant changes are made in relation to the grant opportunity, the department will publish any revised versions and addenda to these guidelines on the NSW Government’s Grants and Funding webpage. 

The department may issue an addendum to these guidelines. The addendum becomes part of these guidelines. 

No offer

These guidelines are not an offer, recommendation or invitation by the department in respect of any grant. There is no funding commitment until both a successful applicant and the department execute a funding deed.

Information is provided as general information only and is not intended as a substitute for advice from a qualified professional. 

The department recommends that users exercise care and use their own skill and judgment when using information from this publication and that users carefully evaluate the accuracy, currency, completeness, and relevance of such information. Users should take steps to independently verify the information in this publication and, where appropriate, seek professional advice. 

These guidelines are subject to change at any time at the sole discretion of the department.