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Declaration and conditions of grant funding (for reference)

1. PRIVACY AND USE OF INFORMATION CONSENT

I/We authorise and consent to the Department of Jobs, Precincts and Regions (ABN 83 295 188 244) (Department), using and disclosing the information supplied in support of this application for the Living Local Regional Community Grant Program to other State and Australian Government departments and agencies and where required, to the Department’s external consultants to assess the particulars and merits of this application for each stage of funding and / or support that is available.

Information collected will be used and held for the purposes of assessing the Application and administering, handling, and reviewing the Grant and the Living Local Regional Community Grant Program in accordance with the Department’s processes as described in its Privacy Statement.

I/We acknowledge that:

  • The Department’s Privacy Statement is available on its website via this link
  • I/We can gain access to personal information (as defined in the Privacy and Data Protection Act 2014 (Vic)) which the Department holds about me/us in certain circumstances specified by legislation.
  • Enquiries about access to information should be directed to the Department’s Privacy Unit by emailing privacy@ecodev.vic.gov.au.

2. CONDITIONS OF GRANT

  1. The Application constitutes an offer by the Applicant to the Department. In the event the Department accepts the Application, it will issue an Email of Acceptance confirming its acceptance of the Application. If this occurs, an agreement is formed between the Applicant and the Department (Agreement) which includes:
    1. the Email of Acceptance
    2. These conditions of grant
    3. The terms set out in the Guidelines
    4. The information supplied by the Applicant in the Application.
  2. In the event of inconsistency, the order of precedence set out above will apply.
  3. In these conditions of grant, the following definitions apply:
    • Applicant means the legal entity specified in the Application which has submitted the application for funding under the Program for the Project and which will become the Recipient upon acceptance by the Department.
    • Application means the application submitted by the Applicant to the Department for funding under the Program for the Project.
    • Organisation means the group or party, incorporated or unincorporated, for which the Recipient is acting as an auspice organisation for the Project and this Agreement or which the Recipient engages to carry out any part of the Project.
    • Department or State means the State of Victorian through its Department of Jobs, Precincts and Regions
    • Grant means the funding provided by the Department to the Recipient under this Agreement for the Project.
    • Guidelines means Living Local Regional Community Grant Program Fund Guidelines
    • Program means the Living Local Regional Community Grant Program
    • Project means the activities specified in the Application by the Applicant for which the Grant is provided.
    • Recipient means the Applicant as specified in the Application where the application has been accepted by the Department, by the issue of an Email of Acceptance.
  1. The Agreement commences on the date the Recipient acknowledges receipt of the Email of Acceptance and expires when the Project is completed, and the Recipient has provided all information requested by the Department pursuant to clause 24. Clauses 12, 13, 15, 16, 17, 18, 19 and 20 survive expiry or termination of the Agreement.
  2. The Department will pay the Grant to the Recipient subject to the terms and conditions of the Agreement, upon the Recipient acknowledging receipt of the Email of Acceptance
  3. The Recipient must apply the Grant solely for purpose of the Project.
  4. If the Recipient is entering into this Agreement as an auspice organisation on behalf of another group or party, incorporated or unincorporated (Organisation) or engages the Organisation to carry out any part of the Project, the Recipient must ensure that the Organisation complies with the terms and conditions of this Agreement as if the Organisation were the Recipient. To avoid doubt, the Recipient is fully liable for:
    • carrying out the Project and complying with all obligations under this Agreement; and
    • all acts and omissions of the Organisation (or its subcontractors) in connection with the Project as if they were the acts or omissions of the Recipient.
  5. The parties agree that under this Agreement the Recipient is not making a taxable supply, and therefore is not subject to a GST liability. However, if GST is found to be payable, the Grant shall be increased by an amount equal to any GST payable with respect to the taxable supply for which payment is made provided that with the claim for payment, the Recipient submits a tax invoice, unless the parties have agreed in writing to have issued a recipient created tax invoice. If GST is payable, the total amount of moneys paid under this Agreement will be increased to include the total amount of GST payable.
  6. The Recipient must not commence the Project or purchase any item for the purposes of the Project before the Program round closes and must satisfactorily complete the Project by no later than 12 months after receiving the Grant.
  7. The Recipient shall be responsible for the delivery of the Project. The Recipient must promptly advise the Department if the Recipient will not or may not perform or complete the Project. In such event the Department may require the refund of the whole or part of the Grant as it determines appropriate, in its absolute discretion.
  8. Nothing contained in the Agreement is to be construed as creating any obligation, commitment or undertaking by the Department to provide additional or further funding or assistance beyond that provided in this Agreement.
  9. Neither the Recipient nor its employees, servants or agents shall by reason of the Grant, be or become an agent of or in the service or employment of the State of Victoria in relation to the Project or for any other purpose whatsoever and the Recipient shall be responsible for all matters requisite as employer or otherwise in relation to such persons.
  10. The Recipient grants to the Department a non-exclusive, fully paid up licence to reproduce, publish or otherwise use for non-commercial purposes the reports and any documents and other materials provided by the Recipient under this Agreement.
  11. The Recipient warrants that any intellectual property used by it in connection with the Project or the reports and any documents and other materials provided by the Recipient to the Department under this Agreement are the sole property of the Recipient or the Recipient is legally entitled to use that intellectual property for that purpose.
  12. The Recipient must account for the Grant and all Project expenditure separately from other funds of the Recipient and in accordance with generally accepted accounting principles.
  13. Upon request, the Recipient must, and must ensure the Organisation will, permit the Department and/or the Auditor General of Victoria access to accounting records relating to the Project and where relevant, inspect any Project works, the Project site or any equipment relating to the Project.
  14. If the Recipient breaches these conditions or if the Department is of the reasonable opinion that:
    1. the Project is not proceeding satisfactorily; or
    2. the Recipient or the Organisation has engaged or may engage in any conduct which affects or may adversely affect the goodwill or reputation of the Recipient, the Project, the Department, a Minister, or the State,
    3. the Grant funds have not been expended solely on the Project; or
    4. the Recipient has provided any false or misleading information in the application process,
    5. the Department may in its absolute discretion-:
    6. withhold any payment due to be made under the Grant;
    7. require the repayment to the Department of the whole or part of the Grant as may be determined by the Department in its absolute discretion; and/or
    8. by written notice terminate this Agreement.
  15. Where the Department is of the reasonable opinion that-:
    1. there has been a significant deterioration in the financial circumstances of the Recipient;
    2. the Recipient is subject to an insolvency administration; or
    3. continued association with the Project, the Recipient or the Organisation may bring a Minister, the Department or the State into disrepute,
    4. the Department may in its absolute discretion withhold, suspend, cancel or terminate any payment or payments due or to fall due and/or by written notice terminate the Grant.
  16. The Department reserves the right to publicise the benefits accruing as the result of the provision of this Grant. The Department may issue a mutually agreeable media release regarding the Project. The Recipient must not, and must ensure the Organisation does not, publicise the Grant until after the publicity release by the Department without the approval of the Department. The Recipient must, and must ensure the Organisation will, cooperate with the Department in relation to all publicity associated with the Grant. The Recipient must ensure that the State’s support (except the Grant amount) for the Project is acknowledged on all promotional materials and appropriate signage consistent with the Guidelines for Victorian Government Advertising and Communications (available at www.dpc.vic.gov.au) or as otherwise specified by the Department.
  17. The Department may include the name of the Recipient and the Organisation and the amount of the Grant in its annual report.
  18. The Recipient hereby indemnifies the Department, its officers, employees and agents against any cost, loss, liability or expense incurred by the Department arising from any act or omission of the Recipient or the Organisation in connection with the Project or breach of these conditions by the Recipient.
  19. If the Recipient receives funding from the Victorian Government to deliver services to children under the age of 18 under this or any other grant project, the Recipient must, at a minimum, for the term of the Project, maintain adequate insurance against liability for child abuse on an occurrence basis that:
    1. provides an explicit coverage statement in respect of child abuse;
    2. is for a minimum insured amount of $5 million per claim or, in the case of coverage provided on the basis of a monetary aggregated claims amount, $10 million per annum on an occurrence basis;
    3. indemnifies the insured for, amongst other things, its legal liabilities to third parties for personal injury, including shock and mental injury, and the policy does not contain any exclusions or limitations of coverage for child abuse or molestation;
    4. names the Club as an insured or interested party and covers the Club to the same extent as the Recipient.
  20. Without limiting clause 21(d), the Recipient acknowledges and agrees that if the Project includes child-related work (as defined in section 7 of the Worker Screening Act 2020 (Vic)), it will ensure that the staff and volunteers engaged in child-related work have approval under a current Working with Children Check.
  21. The Recipient must not, and must ensure the Organisation does not, engage subcontractors to conduct the whole or any part of the Project without the prior written approval of the Department.
  22. Any variations to these conditions or to the Project must be in writing and agreed by both parties.
  23. Each provision of these conditions (or part thereof) will, unless the context requires otherwise, be read and construed as a separate or severable provision so that if any provision or part thereof is void or otherwise unenforceable for any reason then that provision or part thereof, will be severed and the remainder will be read and construed as if the severable provision or part thereof, had never existed.
  24. The laws of the State of Victoria shall govern these conditions and the parties submit themselves to the jurisdiction of the courts in the State of Victoria.
  25. The Recipient must provide to the Department such information as the Department may request from time to time in relation to the Project, the Recipient’s activities and the expenditure of the Grant, including information in relation to the evaluation of the Project.
  26. The Recipient must comply with the following condition:
    1. If, prior to entering into the Agreement, the Recipient or the Organisation was named in the Royal Commission into Institutional Responses to Child Sexual Abuse, or received notice that it was named in an application for redress to the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) (National Redress Scheme), it must join or provide advice to the Department that it intends to join, and must ensure that the Organisation joins or provides advice to the Department that it intends to join, the National Redress Scheme as described in the Guidelines.

3. DECLARATION AND ACKNOWLEDGEMENT

I declare that:

  1. I am authorised by the organisation specified in the application (Applicant) to make this application for support from the Living Local – Regional Community Grant Program (Program) on its behalf.
  2. On behalf of the Applicant I confirm:
    1. the statements made in this application and all supporting documentation are being provided by me on behalf of the Applicant and are true and correct in every particular;
    2. the Applicant has supplied all relevant information for the Department to assess the Application including information about the Applicant and its conditions of financial hardship, and confirm that I have not omitted any relevant information;
    3. this is and will be the only application made, in this round or in the previous financial year (2020/21) by the Applicant under the Program.
    4. the Applicant acknowledges that the failure to provide some or all of the information which the Department requests or requires to make an assessment of the financial condition of the Applicant may result in this application not being processed or approved.
    5. The Applicant consents to the use of information in this Application in accordance with the Privacy and Use of Information Consent.
    6. The Applicant understands that this application remains subject to audit for a period of four years from the date of application.
    7. that the Australian bank account details (BSB and Account Number) provided as part of this application is the nominated account on behalf of the Applicant and that all account details and are true, complete and correct.
    8. The Applicant understands that the Department’s use of personal information provided for the purposes of this application complies with the Privacy and Data Protection Act 2014 (Vic).
    9. The Applicant understands and agrees that Recipients of this grant program may receive an evaluation survey regarding their grant from the Department and will be required to participate in program evaluation activities, if requested.
    10. the Applicant understands that if any information provided in this application is found to be untrue or misleading, the grant funds will be repayable on demand, the matter may be referred to law enforcement and penalties may apply.
    11. the Applicant understands and agrees that this Application constitutes and offer to the Department. If the Applicant is successful in obtaining funding, the Department will issue an Email of Acceptance and a binding agreement governing the use of the approved funding will be formed between the Applicant and the Department incorporating:
      • the Email of Acceptance
      • The conditions of grant
      • The terms set out in the Guidelines
      • The information supplied by the Applicant in the Application.

In the event of inconsistency, the order of precedence set out above will apply.

By checking this box, I confirm that I am making the above declarations and agree on behalf of the Applicant to all terms of the Program as set out in the conditions of grant, Guidelines and my Application.