Terms and Conditions
The following terms and conditions apply to the SafeWork NSW Quad Bike Safety Rebate Program. The Program commenced in July 2016.
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.
You must own a quad bike or SSV to apply for a drone rebate.
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. One drone is available per ABN.
Eligible interaction – specific event operated or supported by SafeWork NSW including a Farm Safety Day, Agricultural Field Day, Webinar and Workplace Visit conducted by SafeWork NSW Officers. These interactions typically involve discussions with SafeWork NSW staff on quad bike and SSV safety relevant to the applicants business.
There are different eligible interaction requirements for primary and non-primary producers. See clause 1.1.2 for more information.
Eligible safety items – are limited to new (not second hand) eligible side by side vehicles, operator protective devices, helmets and drones (1 drone per ABN), 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.
Non-Primary Producer – a non-primary producer is a business who does not run a farming operation. If you are not a farmer, you are classified as a non-primary producer. Non-primary producers have a different application process. See clause 1.1.1 for more information.
Operator Protective Device (OPD) – an OPD or roll bar is designed to reduce the risk of serious injury in the event of a quad bike roll over. There are currently only two OPDs that meet the criteria for this rebate. They are the Quadbar Flexi and the ATV Lifeguard.
Primary Producer (Farmer) – primary producers run a business of plant or animal cultivation, fishing or pearling, or tree farming or felling.
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 roll over protection and three point seat belt/ belts. The SSV must be listed on the eligibility list, available at www.safework.nsw.gov.au
The program excludes SSVs that are designed for recreation/sport and children.
Statutory Declaration – 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 www.jp.nsw.gov.au
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. The applicant must reside in NSW. The applicant must 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), and owns/uses/requires a quad bike or SSV to undertake regular tasks for the business or be a worker for a business owner that meets this criteria.
For the purchase of a drone, the applicant must currently own and use a quad bike or SSV. For the purchase of OPDs, the applicant must own and use a quad bike. For the purchase of helmets, the applicant must own and use a quad bike or SSV. The applicant does not need to own a quad bike to apply for a SSV rebate.
If the applicant is a non-primary producer their application process is different. Non-primary producers are required to:
1. Complete one of the following free eligible interactions prior to submitting their application:
- request a Workplace Advisory Visit with SafeWork NSW online or call 13 15 10 and SafeWork NSW will come to you (phone call or in person)
- complete free quad bike or side-by-side training through Tocal College.
- visit the SafeWork NSW stand at an agricultural field day.
2. Provide a signed statutory declaration with their application including the following information:
- what is the requirement of a quad bike or SSV for your business - why do you need it? what work tasks will you be carrying out with the vehicle?
- confirmation that the quad bike or SSV is/will be used for work purposes.
- confirmation that the quad bike or SSV is/will be used to carry out work tasks for the ABN provided on the application.
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. There are different eligible interaction requirements for primary and non-primary producers.
Primary producer (farmer) eligible interactions include: (i) engaing with SafeWork NSW at a Farm Safety Day or Agricultural Field Day, (ii) completing the online webinar, (iii) participating in the online Virtual Farm Safety Experience, (iv) completing a quad bike or side by side vehicle training course through Tocal College and/or engaging in a Safety Advisory Visit with SafeWork NSW staff to discuss quad bike safety relevant to the applicant’s business.
Non-primary producer eligible interactions include: (i) engaging in a Safety Advisory Visit with SafeWork NSW staff to discuss quad bike safety relevant to the applicant’s business, (ii) completing a quad bike or side by side vehicle training course through Tocal College and/or (iii) engaging with SafeWork NSW at an Agricultural Field Day.
1.1.3. Applications must be submitted within 6 months of the applicant attending an eligible interaction.
1.1.4. 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.
If a VIN number for your existing quad bike or SSV cannot be provided due to it being illegible, a signed statutory declaration must be submitted with your application declaring you are the owner of the vehicle along with a photo of both the vehicle and the illegible VIN plate.
1.1.6 First time SSV owners can apply for the rebate. The applicant does not need to own or trade in a quad bike to apply for the rebate. The applicant must purchase an SSV from the eligible vehicle list, available at www.safework.nsw.gov.au
. SafeWork NSW reserves the right to decline a rebate application if SafeWork NSW in its discretion forms the view that an SSV is not an appropriate safety solution.
1.1.7. Complete and sign this application form, including agreeing to the terms and conditions of the rebate program.
ELIGIBILITY FOR A REBATE
2.1. Eligible safety solutions must be new (not second hand) 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 used for work purposes for the NSW business.
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 17 February 2021, $2000 is available per eligible ABN. Eligible applicants can lodge any number of rebate applications to reach the rebate amount of $2000 under one ABN.
If an applicant has not claimed the full $2,000, they may be eligible to submit further applications to obtain the $2,000 limit.
If an applicant has claimed the full $2,000, they will not be eligible for another rebate through this program.
The applicant can contact NSW Farmers Association on 1300 794 000 for more information on their application history.
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 GST, freight and insurance costs, do not qualify for the rebate.
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 and NSW Farmers Association workers and contractors are not eligible to apply for a rebate during any period in which they are employed by either SafeWork NSW or NSW Farmers Association, or are providing services to SafeWork NSW or NSW Farmers Association.
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 a business’ involvement in the Program with their prior approval in accordance with the Privacy and Personal Information Protection Act 1998.
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.
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.
8.3 The side-by-side vehicles listed for the NSW Quad Bike Safety Rebate Program are included based on the information provided by the designer, manufacturer or importer, which has not been verified by SafeWork NSW. Individuals and businesses must ensure the vehicle is suitable for the intended use and all risks associated with its use are managed so far as reasonably practicable.
9.1. SafeWork NSW and NSW Farmers Association collect and manage the personal information provided 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.