Aboriginal Economic Development and Business Growth Program Guidelines

Applications for funding must be for a minimum of $100,000 up to a maximum of $250,000 exclusive of GST. 

Eligible applicants are not required to provide a financial co-contribution towards their project.

If the situation arises where a recipient’s project is completed and there are unspent funds remaining from the funding, the Department may require the recipient to return the unspent funds. If the recipient requests to use the funds to extend the scope of the project, the Department may assess that request if it aligns to the objectives of the Program. The Department may require the recipient to provide supporting information such as revised economic or social impact data.

Eligible applicants are:

• Aboriginal owned businesses
• Local Aboriginal Land Councils
• Aboriginal Community Controlled Organisations
• Native Title Prescribed Body Corporations.

Aboriginal owned businesses are defined as having a minimum of 50 per cent Aboriginal ownership that can be demonstrated through recognition from an appropriate organisation, such as:

• Supply Nation
• NSW Indigenous Chamber of Commerce
• Office of the Registrar of Indigenous Corporations.

Aboriginal owned businesses can also choose to provide a statutory declaration to demonstrate a minimum of 50 per cent Aboriginal ownership.

Applicants must provide evidence they are an incorporated entity by providing either an Australian Business Number (ABN), an Australian Company Number (ACN) or an Indigenous Corporation Number (ICN). Eligible organisations that are unincorporated must provide evidence that they are registered with NSW Fair Trading under the Associations Incorporation Act 2009 or another Act.

Applicants must be financially viable and have at least $20 million public liability insurance or be willing to secure the insurance before entering into a funding deed if the application is successful. 

A maximum of one application can be submitted per applicant and can include a combination of all  the following eligible project categories.

Applications must, at a minimum, include a portion of the total funding request towards Category A and Category B project types as per the requirements outlined below.

Projects must be located in one or more regional NSW Local Government Areas, in the Unincorporated Far West region, or on Lord Howe Island. A full list of the eligible locations is provided as an appendix to these guidelines.

Projects located in the Sydney metropolitan area are ineligible for funding.

Up to 10 per cent of the requested funding may be allocated to contingency and up to 15 per cent of the requested funding may be allocated to project management and administration.

Project types and costs that are not eligible for funding include:

• costs that would be considered business-as-usual activities and operations
• projects or activities already funded or expecting to receive NSW Government funding
• marketing, advertising, or product promotion including signage
• activities, equipment or supplies that are already being supported through other sources
• financing costs, including interest and debt financing
• costs involved in the purchase or hire of software (including user licences) and ICT equipment, with the exception of equipment and software specifically related to the project and essential to its success
• costs such as rent and utilities unless specifically related to the project
• insurance costs (applicants must hold and maintain adequate insurance coverage for any liability arising from their participation in funded activities)
• depreciation of plant and equipment beyond the life of the project
• opportunity costs relating to allocating resources to the agreed project
• projects that require ongoing funding from the NSW Government
• retrospective funding to cover any project component that is already purchased and/or complete prior to both the applicant and the Department executing a funding deed.

Applicants will be required to demonstrate the suitability of their project by providing:

• evidence that the applicant is an eligible entity
• evidence that the project will be in an eligible location
• evidence that the project is an eligible project type
• a detailed response that outlines how the project aligns with the objectives of the Program
• a project delivery plan and timeline that demonstrates the project can be delivered within 18 months of the date a funding deed has been executed
• a detailed project budget and cost estimates
• evidence of at least $20 million in public liability insurance, or a commitment that the applicant is willing to secure at least $20 million in public liability insurance if successful.

Representatives from the Department’s Regional Aboriginal Partnerships and Outcomes team will consult with potential applicants to undertake a preliminary eligibility assessment. A potential applicant must receive an invitation to apply from a Department representative prior to commencing an application.

The Program will be a single stage application process.

Applicants that have been invited to submit an application must use the form provided through the SmartyGrants portal to demonstrate the eligibility of their application. The SmartyGrants link will be provided as part of the invitation to submit.

Applications submitted after the advertised closing deadline may be accepted at the sole discretion of the Department.

Applications cannot be reopened or amended by the applicant once the closing date has passed.

An Assessment Panel will be convened by the Department to consider the eligibility of the applications received and to make recommendations to the Minister for Regional NSW for consideration and final approval.

Applications will be assessed in the order they have been received and approvals will occur until the available funding has been exhausted.

The Assessment Panel may recommend partial funding for projects if there is insufficient funding available for the whole project, or where only a component of the project is considered eligible.

During the assessment process, the Department may ask applicants to provide additional information to assist in the assessment process. Advice may be sought from other NSW Government agencies or other sources to assist in the assessment of projects. Confidentiality will be maintained throughout the process.

The Department, at its sole discretion, can take other factors into account that may make an application ineligible for funding, such as any person, business or organisation that could cause reputational or other risk to the NSW Government.

The recommendations of the Assessment Panel will be reviewed by the Regional Development Advisory Council (Advisory Council) who will provide advice on the suitability of the proposed investments to the Minister for Regional NSW.

The decision maker for the Program is the Minister for Regional NSW.

The decision maker can consider the availability of funding, the Assessment Panel’s recommendations, and the advice of the Advisory Council before deciding which applications to approve. The NSW Government typically receives far more applications than it can support. Applicants are not guaranteed funding even if the application is of high merit.

Further, even if an application is successful, it may not be funded to the full amount requested.

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.

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

• the approval of the grant
• the grant funding amount to be awarded, and
• the terms and conditions of the grant.

All applications may be referred to other NSW or Australian Government funding programs for consideration.

Independent probity advisors will provide guidance and advice to the Department and the Assessment Panel throughout the application, assessment, and decision-making process. This will ensure decisions are made with integrity, fairness and accountability, while delivering value for money for NSW.

Successful applicants will be notified from 4 November 2024 or as soon as possible after an application is approved. Applicants may be requested to keep the grant confidential for a period of time if an announcement is likely to be made by the NSW Government.

Successful applicants will be required to enter into a funding deed with the NSW Government. 

The NSW Government makes no binding funding commitment to an applicant unless and until both parties sign a funding deed.

The process to enter into a funding deed will require the successful applicant to provide a copy of all relevant insurances, project approvals (for example development approvals and/or landowner consent) and other supporting documentation relevant to the project or as requested by the Department.

Grants will be paid as set out in the funding deed. Timing and requirements will vary at NSW Government’s discretion, depending on the scope and risk of the project.

For applicants registered for GST and where it is payable, successful applicants will be paid the approved amount plus 10 per cent by the Department, with the exception of local councils. Where an applicant is not registered for GST, it is not payable on grant amounts. Applicants not registered for GST must incorporate any GST paid by them to third parties into their application.

Successful applicants will be required to submit project progress reports to the NSW Government as outlined in the funding deed. Examples of measures to be included in the report are the completion of project activities, jobs created or maintained through the delivery of the project, and employment outcomes for young people, Aboriginal communities and people with disability.

Applicants must keep funding decisions and assessment outcomes confidential until announced by the NSW Government or the applicant is advised that the announcement can proceed. Successful applicants will be required to provide a confidentiality undertaking. This means they must keep the outcome of the application process confidential until the NSW Government makes a public announcement.

Upon entering into a funding deed, details about the funding deed may be made publicly available (subject to information which the Department deems to be commercial in confidence).

The applicant agrees not to disclose any confidential information pertaining to the Program application or funding deed without prior written consent of the Department.

There may be a requirement for a conflict-of-interest declaration to be submitted with all applications.

Where a conflict-of-interest detrimental to the assessment process is identified (by either an applicant or the Department), the Department will establish mitigation measures, including removing a departmental official from participating in the application, assessment and/or delivery stage of the process.

Applicants should note the following:

• The NSW Government may choose to publicly announce funding for individual applications and may use information provided in the application to develop case studies.
• Requests for variations or changes to the project will only be considered in limited circumstances.
• Successful applicants will be required to participate in a program evaluation after the project has commenced. The evaluation will require applicants to provide evidence of how projects have resulted in measurable benefits consistent with the Program’s objectives.
• All recipients of NSW Government funding should acknowledge this financial support as per the requirements outlined at the NSW Government’s Sponsorship and Funding Acknowledgement webpage and the terms outlined in the funding deed.
• Grants are assessable income for taxation purposes, unless exempted by taxation law.

It is recommended applicants 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.

The Department reserves the right to undertake an audit of grant funding within 7 years of the funding deed ending.

Unsuccessful applicants will be notified in writing of the outcome of their application and will be offered a feedback information session. Unsuccessful applicants may also be invited to participate in a future evaluation of the program.

Any concerns about the Program or individual applications should be submitted in writing to regionaldevelopmentroadmap@regional.nsw.gov.au.

If you do not agree with the way the Department handled the issue, you may wish to contact the NSW Ombudsman via www.ombo.nsw.gov.au.

Applicants should be aware that information submitted in applications and all related correspondence, attachments and other documents may be made publicly available under the Government Information (Public Access) Act 2009 (NSW). Information that is deemed to be commercially sensitive will be withheld.

The Government Information (Public Access) Act 2009 (NSW) makes government information accessible to the public by:

• requiring government agencies to make certain sorts of information freely available
• encouraging government agencies to release as much other information as possible
• giving the public an enforceable right to make access applications for government information
• restricting access to information only when there is an overriding public interest against disclosure.

Applicants must not participate in any anti-competitive conduct.

It is a condition of the Program application process that no gifts, benefits or hospitality are to be made to any department/agency employee at any time. Any inducement in contravention of this condition may result in an applicant’s proposal not being considered.

The Department may, in its absolute discretion, and without limiting any other right which the Department may have, do all or any of the following at any time:

• request 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 opportunity, including any process, procedure or timing regarding the consideration or the evaluation of any proposal or all applications
• 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
• readvertise for new applicants
• consider any non-conforming application
• terminate further participation in the grant opportunity by any applicant for any reason (including where the applicant has engaged in conduct that might cause reputational damage to the NSW Government, or if the Department reasonably considers an application to contain any false or misleading claims or statements)
• not proceed with 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.

These guidelines are not an offer, recommendation or invitation by the Department in respect of any contract or commitment and are subject to a funding deed being fully executed by the parties involved.

The Department may, in its absolute discretion, issue an addendum to these guidelines. In each case, an addendum becomes part of these guidelines. 

Information in this publication 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.