TermsandConditions

TERMS AND CONDITIONS
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The following terms and conditions apply to the SafeWork NSW
Quad Bike Safety Improvement Program Rebates Package (Program).
DEFINITIONS:
Applicant – an applicant for this Program who meets the
eligibility requirements outlined in section 1.1.1.
Drone - also known as a remotely piloted aircraft (RPA) or
unmanned aerial vehicle (UAV) that can be remotely controlled
or flown autonomously through controlled flight plans.
The drone must be from the eligibility list, available at
www.safework.nsw.gov.au.
The applicant is required to apply for an aviation reference
number (ARN) with Civil Aviation Safety Authority (CASA) prior
to accessing the rebate.
Eligible interaction – specific event operated or supported by
SafeWork NSW including a Farm Safety Day, Agricultural Field
Day, Webinar and Safety Advisory Visit conducted by SafeWork
NSW Officers. These interactions typically involve discussions
with SafeWork NSW staff on quad bike safety relevant to the
applicants business.
Eligible safety solutions – are limited to side by side vehicles,
operator protective devices, helmets and drones, which must
be bought from a commercial outlet. Rebates will not cover the
design or manufacture of new items, items which have been
leased or purchased through a payment plan, owner-built items,
items that an applicant has had designed and manufactured
to the applicant’s specifications, purchase of raw materials or
second-hand items, service repairs, or maintenance.
Helmet – should comply with one of the following standards:
AS/NZS 1698:2006 - Protective helmets for vehicle users; NZS
8600:2002 – All-terrain vehicle helmets (designed for use on quad
bikes not exceeding 30km/h); or UNECE22.05 – Protective helmets
and visors for drivers and passengers of motorbikes and mopeds.
Operator Protective Device (OPD) – there are currently only
two OPDs that meet the criteria for this rebate. They are the
Quadbar Flexi (previously referred to as the Quadbar) and the
ATV Lifeguard.
Side by side vehicle (SSV) – an SSV for the purpose of this
program is one designed for use in an agricultural environment,
and fitted as standard with operator protective devices including
a roll bar and three point seat belt/belts. The SSV must be from
the eligibility list, available at www.safework.nsw.gov.au.
The program excludes SSVs that are designed for recreation/sport
and children.
APPLICATION FOR THE SAFEWORK NSW QUAD BIKE
SAFETY IMPROVEMENT PROGRAM REBATES PACKAGE
1.1 To be eligible to apply, the applicant must fulfil the following
criteria:
1.1.1. Be an owner of a business that is registered in NSW, is
producing goods or providing services in NSW, falls within
the scope of the NSW Work Health and Safety Act 2011, has
0-20 full-time workers (or equivalent), owns and uses a quad
bike or SSV for the main purpose of the farming business
and farming is the applicant’s main source of income or be
a worker for a business owner that meets these criteria. For
the purchase of a drone, the applicant must currently own
and use a quad bike or SSV on their farm. The applicant must
reside in NSW. The applicant is not able to apply for a rebate
in relation to a business registered in a state or territory other
than NSW, or an investment trust, managed fund, strata
title scheme, subsidiary of a larger business, or a voluntary
association. The applicant can contact NSW Farmers
Association on 1300 794 000 if they are unsure of eligibility
1.1.2. Attend an eligible interaction with SafeWork NSW.
Applicants must attend an eligible interaction prior to
the purchase of any eligible safety solution. An eligible
interaction includes attendance at an eligible safety event
operated or supported by SafeWork NSW such as (i) Farm
Safety Day, (ii) Agricultural Field Day, (iii) webinar (iv)
completing a quad bike or side by side vehicle training
course through Tocal College and/or (v) engaging in a
Safety Advisory Visit with SafeWork NSW staff to discuss
quad bike safety relevant to the applicant’s business.
1.1.3. Purchase an eligible safety solution(s) after 19 July 2016.
If the eligible safety solution(s) is a drone, it must be
purchased after 27 February 2019.
1.1.4. Complete and sign an application form agreeing to the
terms and conditions of the rebate program.
1.1.5. The applicant must send a copy of paid tax invoice(s),
receipt(s) or proof of purchase, and other required
documentation with a completed application form to the
NSW Farmers Association. Eligible safety solutions need to
be purchased from a commercial outlet. All tax invoices and
receipts must state the business/contractor’s name, address,
ABN/ACN/BRN number, payment date, description and cost
of solution.
1.1.6. Applications must be submitted within 6 months of the
applicant attending an eligible interaction.
ELIGIBILITY FOR A REBATE
2.1. Eligible safety solutions must be existing manufactured safety
items that meet all relevant standards, approvals, and legislative
requirements and are available for purchase by small businesses
at commercial outlets – eg competitive existing commercial
products. Rebates will not cover the design or manufacturing of
new items, owner-built items, items designed and manufactured
to the applicant’s specifications, purchase of raw materials,
purchase of second-hand items, service repairs or maintenance.
Rebates will not subsidise retrospective improvements made
before the eligible interaction with SafeWork NSW or purchased
before 19 July 2016.
2.2. Rebates will not cover products or equipment for domestic,
recreational or social activities and must be for use on-farm
in NSW.
2.3. The rebate is not available for goods or services that have
already received a rebate from another SafeWork NSW
safety initiative or rebate. Nor is it applicable to government
agencies, or for businesses claiming on behalf of another
business – eg agents or consultants lodging applications on
behalf of their clients.
CLAIMING FOR A REBATE
3.1. Effective from 1 October 2019, applicants are eligible for
two rebates totalling up to $2,000 which can include a
combination of up to $2,000 for a SSV, up to $600 per OPD,
up to $90 per helmet and up to $500 per drone, so long as
the total is not more than $2,000. A rebate may be obtained
for a maximum of one helmet per worker. A rebate may be
obtained for a maximum of one drone per business owner.
3.1.1 Eligible applicants can lodge a maximum of two rebate
applications.
3.2. Applying for the Program does not preclude an applicant
from applying for other rebate programs offered by
SafeWork NSW if and when they become available, provided
the applicant meets the terms and conditions of any other
rebate program.
3.3. Items listed under ‘Excluded items’ in the application form,
including GS

3.4. If an applicant has lodged a rebate application relating to a
purchase made prior to 1 October 2019, they may be eligible
to make another rebate application relating to a purchase
made after 1 October 2019. This is subject to establishing
the applicant has only made one, or no, rebate applications
previously, and has not already met the $2,000 limit.
CONFLICT OF INTEREST
4.1. The applicant will not be eligible to obtain a rebate in
relation to eligible safety solution(s) if they or a relative are
(a) the supplier of the eligible safety solution; (b) employed
by the supplier of the eligible safety solution; or (c) have any
legal interest in the supplier of the eligible safety solution.
4.2. SafeWork NSW workers and contractors are not eligible
to apply for a rebate during any period in which they are
employed by SafeWork NSW or are providing services to
SafeWork NSW.
REFUND OF A REBATE
5.1. At any time (including after providing a rebate), SafeWork
NSW may request information from applicants to verify
that the eligible safety solution is effective and durable.
If SafeWork NSW is not satisfied that the eligible safety
solution is effective and durable, or if SafeWork NSW
suspects that any part of the eligible safety solution has
been on-sold by a business, SafeWork NSW may require an
applicant to repay any rebate provided by SafeWork NSW.
5.2. Applicants may be required to repay the rebate to
SafeWork NSW if any of these terms and conditions are
found to have been breached.
FEEDBACK AND PUBLICITY
6.1. SafeWork NSW may contact participants for feedback on
the Program and may publicise their business’ involvement in
the Program with their prior approval in accordance with the
Privacy and Personal Information Protection Act 1998.
PROGRAM CHANGES
7.1 SafeWork NSW reserves the right to change any or all of
the terms and conditions of the Program or to cancel the
Program at any time.
LIABILITY
8.1. The applicant acknowledges and agrees that as far as the
law permits, SafeWork NSW (and its successors) and NSW
Farmers Association accept no liability in respect to any
claim, cause of action or loss or damage arising out of, or in
relation to, training or goods/services that are the subject of
this funding assistance.
8.2. The applicant agrees that they release SafeWork NSW and
NSW Farmers Association from any claim or liability arising
out of, or in relation to, the rebate that is the subject of the
registration or rebate application, to the extent that claim
or liability is not caused by SafeWork NSW or NSW Farmers
Association negligence or breach of this application or any
other term implied by law.
PRIVACY NOTICE
9.1. SafeWork NSW and NSW Farmers Association collect and
manages the personal information provided by by you
in accordance with the Privacy and Personal Information
Protection Act 1998. SafeWork NSW and NSW Farmers
Association collect and use this information to determine
whether you are eligible for a rebate, to provide services
(such as to deliver safety programs, conduct follow-up
surveys or inspections, invite you to participate in future
research projects relating to quad bike safety), to improve
the quality of SafeWork NSW services, and to provide
you with information about other services we offer. Your
personal information may be provided to NSW Government
agencies or quad bike dealerships for the purpose of
ensuring that the total of government benefits received
does not exceed the maximum rebate entitlement. Failure
to provide the information requested in the application form
may result in us not being able to process your application.
9.2. You have the right to access and correct any personal
information at any time, once we have collected it. To access
or amend personal information relating to a rebate requests,
applications should be made in writing to the Privacy Contact
Officer, SafeWork NSW Head Office, Locked Bag 2906,
Lisarow, NSW 2252. Further information on our privacy policy
is available at www.safework.nsw.gov.au
.