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Agreement between the school and the ASC

The agreement between the school and the Australian Sports Commission (ASC) is not binding on the department or the State of Queensland. Principals who submit an application to the ASC do not enter into a legally enforceable contract until the ASC provides written notification to the school advising of the grant amount and payment of the grant is made.

At that point, principals are bound by the agreement which can be enforced by the ASC. Prior to that point principals should not hesitate to negotiate terms or conditions of the arrangement with the ASC. Principals should withdraw the application if not satisfied with any term or conditions 92k including whether the school can deliver the program as outlined in the application.

Withdrawal of the application before the ASC makes payment into the school account is obviously important if that is what the principal elects to do. The agreement is drafted by the ASC and understandably favours ASC interests. The following points in the agreement are particularly drawn to the attention of principals:

The grant must be spent in accordance with the information given in the application i.e. mode of delivery, details of strategies, expenditure (supervision, equipment, venue, transport)
The ASC can seek an indemnity from the principal for any claim, loss, damage or expense incurred by the ASC in the delivery of the program
Principals must maintain records on how payments are spent and allow the ASC access to these records
Principals must ensure a safe and appropriate staff/student ratio in delivery of the Program
The school must provide a 'nutritious' afternoon tea to participating children. Refer to the Smart Choices webpage for guidelines
The Principal agrees to co-operate with follow-up research and evaluation by the ASC
The Principal agrees to obtain the prior approval of the ASC regarding any school communication about the Program (e.g. newsletters; stories in the local paper)
The Principal agrees that the ASC can recover the grant if information in the application is 'found to be false' or if the grant is not used for the approved purpose.

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This page was last reviewed on 22 Sep 2011

Agreement between the school and the ASC

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