Small business rebate terms and conditions

The following terms and conditions apply to the SafeWork NSW Small Business Rebate Program. Please read them carefully before signing your application form. 

1.  Program

1.1. Under the SafeWork NSW Small Business Rebate Program (Program), SafeWork NSW is offering eligible business owners the opportunity to apply for a rebate of up to a maximum of $1,000 (excluding GST) for eligible safety items.

1.2.    Eligible business owners can apply for only one rebate in a five year period, regardless of how many businesses the eligible business owner owns or co-owns.

1.3.    If a business owner claims a rebate for an amount less than the maximum rebate, they cannot claim the balance, or any increase in the original rebate amount, through a second application within the five year period from their initial successful rebate application.

1.4.    SafeWork NSW, in its absolute discretion, can change any or all of the terms and conditions of the Program at any time, and/or cancel the Program at any time, and SafeWork NSW has no obligation to give notice or to advise in advance of any changes to or cancellation of the Program.

1.5.    SafeWork NSW and the Program do not recommend or promote any supplier over another competitor.

2. Eligibility

2.1.    To apply for a rebate for an eligible safety item, you must meet the following criteria:

2.1.1.   You must own an ‘Eligible Business’. An Eligible Business is one which:

2.1.1.1.  is registered in NSW and has a current ABN;

2.1.1.2.  is not an investment trust, managed fund, strata title scheme, subsidiary of a larger business, a voluntary association, or a government agency;

2.1.1.3.  produces goods or provides services in NSW;

2.1.1.4.  falls within the scope of the NSW Work Health and Safety Act 2011 (WHS Act); and

2.1.1.5.  either:

a) employs between 0-50 full-time workers (or an equivalent number of part-time workers, as that term is defined in section 7 of the WHS Act); or

b) is a charitable or not-for-profit service, that:

i. is not part of a larger network which employs more than 200 workers (as that term is defined in section 7 of the WHS Act), and

ii. has not already received funding for the eligible safety item from a Commonwealth, NSW or local government or government agency.

2.1.2.   You must have personally attended an eligible SafeWork NSW education activity before claiming the rebate and your business must have had a current ABN at the time you attended the activity. You cannot apply for a rebate if someone else, including a worker in your business, attended the SafeWork NSW education activity on your behalf. 

2.1.3.   In the case of multiple business owners, the business owner who attended the eligible SafeWork NSW education activity must also be the applicant and complete the declaration. In the case of Not for Profit organisations and charities, the Director who attended the eligible SafeWork NSW education activity must also be the applicant and complete the declaration.

2.1.4.   You must have attended an eligible SafeWork NSW education activity and your business must have purchased an eligible safety item, as defined in clause 3 of these Terms and Conditions, no more than 12 months prior to the date you submit the rebate application.

2.1.5.   You and your business must be solvent on the date of applying for the rebate.

2.1.6.   You and your business must not have a conflict of interest, as defined in clause 5 of these Terms and Conditions.

3. Eligible safety items

3.1.    SafeWork NSW will only provide a rebate in relation to an eligible safety item which:

3.1.1.   addresses an identified safety issue or risk in your business; and

3.1.2.   is a pre-existing item,  not an item which does not exist until it has been designed and manufactured;

3.1.3.   is not an item that has been designed and/or manufactured to your specifications;

3.1.4.   is a new item, not a second hand item;

3.1.5.   is not the purchase of raw materials;

3.1.6.   is not service, repairs or maintenance of an item;

3.1.7.   is an item that has been purchased in full;

3.1.8.   is an item purchased from a commercial outlet, and has not been leased, hired, or purchased through a payment plan;

3.1.9.   is an item that has been purchased from a registered business and your application must include the tax invoice and proof of payment. Proof of payment must be a bank statement or eftpos receipt showing payment has been made. Invoices and receipts must show the supplier’s name and ABN, your business’ name, address and ABN/ACN/BRN number, payment date, item cost and description of the item;

3.2.    For the avoidance of doubt, a safety item which comes within the ambit of clause 5 of these Terms and Conditions is not an eligible safety item under clause 3.

4. What's not eligible for the rebate?

4.1.    SafeWork NSW will not provide a rebate for the installation of safety items. Where the safety item requires installation, the installation should be carried out by a qualified commercial installer or a licensed tradesperson and complies with the Home Building Act 1989 and all other applicable laws.

4.2   SafeWork NSW will not provide a rebate for a safety item where it considers, in its absolute discretion, that:

4.2.1.   an item may be used for domestic, recreational or social activities;

4.2.2.  an item could be used by a home base business for domestic or household purposes;

4.2.3.  an item amounts to an improvement or contributes to the value of a residential premises;

4.2.4.   a business owner cannot clearly demonstrate to the satisfaction of SafeWork NSW that the item will improve the work health and safety of workers in the business;

4.2.5.   a business owner has already received a rebate for the eligible safety item,   from any Commonwealth, State, Territory or local government;

4.2.6.   application is made by an agent or a consultant on behalf of a business, or it considers that application has been made by a business owner on behalf of a business not eligible to apply for a rebate;

4.2.7.   a business owner has, within five years of the date of the application, previously applied for and been granted a SafeWork NSW safety item rebate in relation to another business which they also own or co-own with others;

4.2.8.   a co-owner in one or more of your businesses has, within five years of the date of your application, previously applied for and been granted a SafeWork NSW safety item rebate in relation to that business;

4.2.9.   a rebate is being sought by multiple businesses which use common premises; or

4.2.10.  a rebate is being sought by multiple related businesses;

4.2.11.  an item is a normal business expense, including maintenance and repairs, salaries, housekeeping, personal tools and equipment (including computers, keyboard and mouse, chairs);

4.2.12.  an item is a tool of trade and not a safety item (e.g., power tools, drills, saws);

4.2.13.  rebate is being sought to cover GST, freight and/or insurance costs and not an eligible safety item;

4.2.14.  an item is a normal safety requirement for a business, including licensing, certification, fines, testing and auditing services, return-to-work, rehabilitation, counselling or vaccination services;

4.2.15.  an item is medical equipment (e.g., health monitoring devices);

4.2.16.  an item is personal protection equipment (e.g., sun creams, disposable gloves, vests);

4.2.17.  rebate is sought for training that has or will be provided to staff;

4.2.18.  rebate is sought for professional services, including memberships; or

4.2.19.  an item is otherwise not an eligible safety item under clause 3 of these Terms and Conditions.

5. Conflict of interest

5.1.    You are not eligible to obtain a rebate if you, or a relative are:

5.1.1.   the supplier of the good/service;  

5.1.2.   employed by supplier of the good/service; or 

5.1.3.   have any legal interest in the supplier of the good/service. 

5.2.    If you're employed by SafeWork NSW or are contracted to provide services to SafeWork NSW, you will not be eligible to apply for a rebate. 

6. No warranties

6.1.    Safework NSW does not make any express or implied warranty in relation to the performance or functionality of any safety item which may be purchased by an applicant.

6.2.    At all times you and your business remain responsible for your and your business’ compliance with all legal requirements and work health and safety obligations.

7. Refund of a rebate

Applicants may be required to repay a rebate if any of these terms and conditions have been breached. 

8. Feedback and publicity

SafeWork NSW may contact participants for feedback on the Small Business Rebate or other publicity opportunities. 

9. Liability

9.1.    The applicant agrees, as far as the law allows, that SafeWork NSW accepts no liability in respect to any claim, cause of action, loss or damage relating to any safety item which may be the subject of the rebate. 

9.2.    The applicant agrees that it releases SafeWork NSW from any claim or liability arising out of, or in relation to, the rebate. 

10. Privacy

10.1.    SafeWork NSW gives priority to protecting the privacy of your personal information. We do this by handling personal information in a responsible manner and in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act).  The personal information contained in your application is collected and held by the SafeWork NSW Small Business Rebate team.

10.2.    We are collecting your personal information for the following purposes:

10.2.1.   Processing your application and determining your eligibility for a small business rebate under the Small Business Rebate Terms and Conditions.

10.2.2.   Internal administrative purposes, including processing your rebate payment and liaising with you in relation to your application.

10.2.3.   We may use the information to support more informed policy making, program management, evaluation, research and service planning as it can facilitate more efficient service delivery for residents and business in NSW. 

10.3.    The information is provided voluntarily. The consequence of not providing it is that your application may not be able to be determined. We may use the personal information contained in your application to confirm your details if you make any subsequent applications in relation to the small business rebate program. We may also use it to send you Small Business Rebate program surveys or evaluation activities. You can contact SafeWork NSW via email safetyrebate@safework.nsw.gov.au at any time if you wish to stop receiving SafeWork NSW correspondence.

10.4.    We may disclose your personal information within the Department of Customer Service for the purpose of being contacted regarding publicity opportunities. Please contact us via email at safetyrebate@safework.nsw.gov.au if you do not want your personal information used for this purpose. Opting out will not in any way affect your eligibility to receive the rebate.

10.5.    We will not disclose your personal information to anybody else unless you have given consent, or we are authorised or permitted to do so by law. Our Privacy Statement describes when this may occur.  

10.6.    Please see the Privacy Management Plan on our website for more information about how we handle your personal information, how you can request access to or correct the personal information we hold about you (if the information is inaccurate, incomplete, not relevant or out of date) and who to contact if you have a privacy enquiry or complaint, or email privacy@safework.nsw.gov.au.

10.7.    For more information about how SafeWork NSW handles personal information please visit the SafeWork NSW privacy statement.