Small business rebate terms and conditions

1. Program and acceptance of terms and conditions

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 up to a maximum of $1,000 (excluding GST) for eligible safety items.

The Small Business Rebate (rebate) is intended to deliver positive safety benefits to identified workplace harms, hazards and risks within the workplace, wider industry, and NSW the community. 

The rebate only applies to safety items deemed eligible by SafeWork NSW to address an identified health and safety risk and improve work health and safety outcomes.

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. Business owners can apply five years after the date of submission of an approved rebate application.

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 these terms and conditions or eligible safety items at any time, and/or cancel the Program at any time. SafeWork NSW has no obligation to give notice or to advise in advance of any changes to or cancellation of the Program. A business is responsible for reviewing and complying with these terms and conditions prior to applying for a rebate.

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

1.6  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.

1.7  SafeWork reserves the right to refuse a claim where SafeWork concludes that the claim for rebate does not fit within the intent and objective of the Program.

1.8  By applying for a rebate, a business agrees to be bound by these terms and conditions.

2. Eligibility

2.1  To apply for a rebate for an eligible safety item, you must own an 'eligible business' and meet the following criteria:

2.1.1  Eligible business:

An eligible business is one which:

• is registered in NSW and/or is operating a place of business within NSW. A business must have a current ABN and have been operating as a business for at least the past 6 months
• produces goods or provides services in NSW
• falls within the scope of the NSW Work Health and Safety Act 2011 (WHS Act), and
• either:
  • employs between 0-50 full-time workers (or an equivalent number of part-time workers, as defined in section 7 of the WHS Act), or
  • is a charitable or not-for-profit service, that employs between 1-50 full-time workers (or an equivalent number of part-time workers, as defined in section 7 of the WHS Act).

2.1.2  Eligible education activity

• The business owner (of a business that is not a charity or not-for-profit service) must attend a SafeWork NSW education activity before claiming the rebate and no more than 12 months prior to the date the application is submitted. 
• 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.
• 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, an authorised representative must attend a SafeWork NSW education activity - no more than 12 months prior to the date the application is submitted. The authorised representative must also be the applicant and complete the declaration.

2.1.3  Solvency 

Your business and/or its authorised representative must be solvent on the date of applying for the rebate.

2.1.4  No conflict of interest

Your business and/or its authorised representative must not have a conflict of interest, as defined in clause 6 of these terms and conditions.

3. Ineligible Organisations: 

3.1  The following organisations are ineligible to apply for a Rebate: 

• a Government agency (of any States or Territories or the Commonwealth)
• an investment trust or managed fund 
• a strata title scheme
• a subsidiary of a larger business
• a voluntary association.

4. Eligible Safety Items

4.1  Your business must have purchased an eligible safety item no more than 12 months prior to the date you submit the rebate application.

4.2  SafeWork NSW will only provide a rebate in relation to an Eligible Safety Item which:

• addresses an identified safety issue or risk in your business and will improve the work health and safety of workers in the business in accordance with the hierarchy of controls
• is a pre-existing item, not an item which does not exist until it has been designed and manufactured
• is not an item that has been designed and/or manufactured to your specifications
• is a new item, not a second-hand item
• is not the purchase of raw materials
• is not service, repairs or maintenance of an item
• is an item that has been purchased in full and has been implemented as a safety solution
• is an item purchased from a commercial outlet, and has not been leased, hired or purchased through a payment plan
• is an item that has been purchased from a registered business and the business application must include the tax invoice and proof of payment/receipts (see items 4.3, 4.4 and 4.5).

4.3  Proof of payment 

• Proof of payment must be a bank statement showing payment has been made. If the item was purchased with cash, you will need to provide written evidence from the supplier to confirm the invoice has been paid in full with cash.
• Screenshots of transactions are not accepted. 
• Proof of payment must have identifying information showing connection to the application, such as business owner name, business name or address.

4.4  Invoices

Invoices showing the item(s) purchased must have the supplier's name and ABN, your business' name, address and ABN/ACN/BRN number, payment date, item cost and description of the item. 

4.5  Receipts

Receipts for items purchase, including EFTPOS receipts, must have the supplier's name and ABN, payment date, item cost and description of the item. 

4.6  Safe use/fitness of item

The intended use of the item must comply with the intent and/or requirements of any manufacturer, designer and suppliers' instructions regarding its safe use and fitness for purpose and must adhere to the intent and/or requirements of any relevant and applicable Australian Standard.

4.7  Quad bikes and Side-by-Side vehicles

4.7.1  Quad bike/SSV helmets 

• Helmets purchased for quad bikes and Side-by-Side Vehicles (SSV) use must 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  
  • UNECE22.05/06 – Protective helmets and visors for drivers and passengers of motorbikes and mopeds.  
• Customers purchasing protective helmets for quad bikes/SSV use must: 
  • upload a signed statutory declaration declaring that they are the owner of the quad bike/SSV. A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness and is made under the Oaths Act 1900. You can find a template on the NSW Communities and Justice website
  • provide the Vehicle Identification Number (VIN)
  • provide a photograph of the vehicle. Item must be purchased after 1 July 2023. 

4.7.2  Operator Protective Devices (OPD) 

• There are currently only two OPDs that are eligible for this rebate, as follows:
  • the Quadbar Flexi^TM 
  • the ATV Lifeguard from 11 October 2021.
• The OPD must be purchased separately to fit to a pre-owned quad bike. OPDs pre-fitted at point of sale to new and second hand imported quad bikes are not an eligible safety item for the purpose of the rebate. 
• The Quad Bar Flexi Quick Release may be an Eligible Safety Item for the purpose of the rebate. 
• This rebate does not cover the cost to install the OPD.
• The OPD must have been purchased after 1 July 2023.

5. What's not eligible for the rebate?

5.1  SafeWork NSW will not provide a rebate for the installation, testing, construction and commissioning of eligible safety items. Where eligible safety items require installation, the installation should be carried out by a qualified commercial installer or a licensed tradesperson and comply with the Home Building Act 1989 and all other applicable laws.

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

• an item may be used for domestic, recreational or social activities – if required, SafeWork NSW will seek evidence that the item is directly aligned with the business' core functions
• an item could be used by a home-based business for domestic or household purposes
• any item that is not for predominantly business-related purposes and not intended to be used routinely for business reasons over a reasonable period of time
• an item amounts to an improvement or contributes to the value of a residential premises, including, but not limited to, buildings or extensions, alterations, or improvements to a building alterations and improvements to a leased building, including shop fit outs and leasehold improvements structural improvements such as sealed driveways, fences and retaining walls
• 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
• the invoice, or receipt or proof of payment provided is not a legitimate document
• a rebate is being sought by an applicant that has previously been deemed by SafeWork NSW to have submitted false or misleading information
• a business owner has already received a rebate for the Eligible Safety Item, from any Commonwealth, State, Territory or local government
• 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
• a business owner has, within five (5) years of the date of the application, previously applied for and been granted a SafeWork NSW a rebate in relation to another business which they also own or co-own with others
• a co-owner in one or more of your businesses has, within five (5) years of the date of your application, previously applied for and been granted a SafeWork NSW rebate in relation to that business
• a rebate is being sought by multiple related businesses using common premises
• a rebate is being sought by multiple related businesses
• an item is a normal business expense, required in the everyday running of business including, but not limited to, maintenance and repairs, salaries, housekeeping, personal tools and equipment (such as first aid kits, computers, keyboard and mouse, chairs)
• an item is a tool of trade and not an eligible safety item – a tool of the trade is an item that is required within the normal course and scope of a person's work including, but not limited to, vehicles, tools, implements, machinery, plant, equipment, and devices
• a rebate is being sought to cover GST, freight and/or insurance costs and not an eligible safety item
• an item is a normal safety requirement for a business, including any item required to be provided by the business as specifically prescribed under the WHS Act 2011 and WHS Regulation 2017 including, but not limited to, licensing, certification, fines, testing and auditing services, return-to-work, rehabilitation, counselling or vaccination services
• an item is medical equipment (such as health monitoring devices)
• an item is personal protection equipment including, but not limited to, any clothing or equipment a worker uses for protection, such as goggles, ear plugs, respirators, safety harnesses, safety shoes, hard hats and sunscreen (The only exception is protective helmets for quad bikes/side by side vehicles (SSVs). Refer to T&C 4.7 for further information on compliance and standards for these safety items.)
• rebate is sought for training that has or will be provided to staff
• rebate is sought for professional services, including, but not limited to, memberships, or
• an item that is mandated or regulated by a different state, territory or federal legislation including, but not limited to, fire safety, maritime safety, firearms regulations, sport and recreation regulations, local council, planning legislation, building code and home building licensing regulations.

5.3  Enforcement actions / involuntary interactions etc not eligible

• A business is not eligible for a rebate if they are purchasing a safety solution to meet the requirements of a prohibition, improvement notice, penalty notice or enforceable undertaking
• A non-voluntary interaction through an inspector visit and/or subsequent infringement action is not considered an eligible interaction under the SBR program. 

5.4  Returns and Refunds

• If an item has been returned to the supplier and the applicant has received a refund, the item is no longer considered eligible under the rebate program. 
• An applicant must inform SafeWork NSW immediately if they have returned and received a refund for an item claimed under the program. 
• Failure to advise SafeWork NSW of a returned/refunded item will be considered misleading conduct and the applicant will be ineligible to apply for a rebate under the program for a period of 5 years from the date of the original application.

6. Conflict of interest

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

• the supplier of the goods/services
• employed by supplier of the goods/services, or
• have any legal interest in the supplier of the good/service.

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

7. No warranties

7.1  Safework NSW does not make any express or implied warranty in relation to the performance or functionality of any Eligible Safety Item which may be purchased by an applicant.

8. Refund of a rebate

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

9. Limitation of liability

9.1  To the extent permitted by law, SafeWork NSW (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a business, customer or any other person arising directly or indirectly or in any way connected with the Program.

10. Privacy Collection Notice

10.1  Who we are

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  Why we collect your personal information

SafeWork NSW is collecting your personal information for processing your application and determining your eligibility for the rebate under the Small Business Rebate terms and conditions. 

10.3  The kinds of information we collect

We collect the following information: 

• ABN 
• industry type 
• number of employees 
• business owner’s/applicants first and last name 
• business contact details (phone number, email address and address) 
• business name 
• payment details for item(s) purchased/proof of payment (including bank statement)  
• details of eligible item(s) purchased  
• copy of invoice(s) for item(s) purchased  
• details of eligible education activity attended 
• banking details 

If you are providing the personal information of another person, you must gain consent from that person to disclose their information to SafeWork NSW for the purpose outlined in this notice.  

10.4  Failure to provide information  

The information we collect from you is provided voluntarily. The consequence of not providing it is that your application may not be able to be determined. 

10.5  How we may use this information  

We may use the information we collect in the following ways: 

• to confirm your details if you make any subsequent applications in relation to the Program
• process a payment to the nominated bank account 
• contact you about your application, including to confirm the information in your application or to request additional information, or to discuss the outcome of your application 
• for investigation purposes if there are any potential concerns or issues in regard to your eligibility for the rebate and/or with your application  
• internal administrative purposes, including to establish and maintain a database to assist the SafeWork NSW inspectorate with their work, and in relation to compliance, investigations, and enforcement of the WHS Act and the Work Health and Safety Regulation 2017 
• to send you surveys or evaluation activities only in relation to the Program  
• to add your email address to our mailing list, from which you can unsubscribe at any point. Your personal information may be used to distribute content following your attendance at an eligible education activity to collect feedback, or contact you about future eligible education activities.  
• to otherwise 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  
• other directly related purposes 

10.6  Who we may share your information with  

We may disclose your information to: 

• verify the information you provide with a public/private entity, this may include a: 
  • provider of the educational activity to confirm full attendance at an eligible event 
  • “buy now pay later” (BNPL) agencies 
  • other payment schemes 
• the supplier of the items you are claiming under the rebate to confirm that your purchase is an eligible purchase under the Program, has been paid for in full and has not been returned  
• make enquiries and exchange information with other NSW government agencies, or other States, Territories and/or the Commonwealth for the purpose of assessing your eligibility for the rebate and for compliance purposes.  
• Revenue NSW if we are required to recover monies paid under the rebate for which there was no entitlement
• public/private entities (including the Document Verification Service) in order to verify the information, you provide in support of your application or request additional information 
• NSW Police, other government investigation agencies, or other States, Territories and/or the Commonwealth government agencies for the purposes of assessing your eligibility for the rebate, for compliance purposes and/or if SafeWork NSW or Revenue NSW reasonably suspects a case of fraud or other criminal activity. We may disclose your personal information to such bodies for these purposes. 
• within the Department of Customer Service to send you information about SafeWork NSW programs and services and/or for the purpose of being contacted regarding publicity opportunities if you consent.  
   

SafeWork NSW may share de-identified information for research and statistical purposes in accordance with the Data Sharing (Government Sector) Act 2015. 

We will not use or 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. 

10.7  Protecting your information

We will store and manage your information in accordance with the provisions of the PPIP Act. We have measures in place to help protect your personal information from loss, unauthorised access, use, modification, disclosure, or other misuse.  

We will only keep information for as long as we need it to fulfil the purposes, we collected it for. After which, the information will be disposed of securely in accordance with the State Records Act 1998 and any other applicable legislation.  

See our Privacy Management Plan for more information about how we handle your personal information.  

10.8  Your rights  

Subject to certain conditions, you have the following rights in relation to your personal information:  

• the right to request access to your personal information  
• the right to request correction of your personal information  

If you wish to invoke any of the above rights, please contact us using the details below.  

10.9  Contact us

If you would like to make a privacy enquiry or complaint, you can contact us at privacy@safework.nsw.gov.au.