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Cyber Wardens Grant

Treasury

FOI reference
4282
Date released
29/06/26
Pages
111

AI summary

Treasury released guidelines for a one-off ad hoc grant to the Council of Small Business Organisations of Australia Limited under the Small Business Cyber Wardens program. The grant, administered by the Department of Industry, Science and Resources, aims to build cybersecurity capabilities in small businesses (defined as fewer than 20 employees with an ABN). The guidelines outline eligibility criteria, eligible activities and expenditure, proposal submission and assessment processes, grant agreement terms, and reporting requirements including independent audits and compliance visits. The program contributes to Treasury's Outcome 1.3 supporting markets and business, with intended outcomes including increased awareness of cyber threats among small businesses nationally and development of trained in-house cyber wardens. The document is a template from July 2023 with specific grant amounts and release dates marked as "TBC" (to be confirmed).

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Australian Government  
Department of Industry, Science and Resources  
Department of the Treasury

FOI 4282  
Document 1

## Grant Opportunity Guidelines

# Small Business Cyber Wardens – ad hoc grant to the Council of Small Business Organisations of Australia Limited (ABN 43 008 597 304)

|  **Commonwealth policy entity** | The Treasury  |
| --- | --- |
|  **Administering entity** | Department of Industry, Science and Resources  |
|  **Enquiries** | If you have any questions, contact us on CyberWardens@industry.gov.au  |
|  **Date guidelines released:** | TBC  |
|  **Type of grant opportunity** | One off/ ad hoc  |

Template Version – July 2022

# Contents

|  **1. About the grant** | **3**  |
| --- | --- |
|  **2. Grant amount and grant period** | **3**  |
|  **3. Grant selection process** | **3**  |
|  3.1. Eligibility criteria | 3  |
|  3.2. Who is not eligible? | 3  |
|  3.3. Eligible activities | 4  |
|  3.4. Eligible expenditure | 4  |
|  3.5. Ineligible expenditure | 5  |
|  **4. Your proposal** | **6**  |
|  **5. How to submit your proposal** | **6**  |
|  **6. How we assess your proposal** | **6**  |
|  **7. Who will approve the grant?** | **6**  |
|  **8. Notification of the grant** | **7**  |
|  **9. Grant agreement** | **7**  |
|  9.1. Variations to the grant agreement | 7  |
|  9.2. Project specific legislation, policies and industry standards | 8  |
|  9.3. Tax obligations | 8  |
|  **10. Grant acquittal, payment and reporting** | **8**  |
|  10.1. How we pay the grant | 8  |
|  10.2. Keeping us informed | 8  |
|  10.3. Reporting | 9  |
|  10.4. Independent audits | 9  |
|  10.5. Compliance visits | 10  |
|  **11. Grant acknowledgement** | **10**  |
|  **12. Announcement of grants** | **10**  |
|  **13. Probity** | **10**  |
|  13.1. Conflicts of interest | 10  |
|  13.2. How we use your information | 11  |
|  13.3. Enquiries and feedback | 12  |

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

Page 2 of 13

## 1. About the grant

Uplifting the capabilities of small businesses (defined as less than 20 employees, have an ABN and must be trading) will contribute to a strong baseline of cyber security for Australia, enabling all Australians to stay safe online and access the opportunities offered by the digital economy. The Small Business Cyber Wardens grant aims to empower small businesses to protect themselves against cyber threats, by supporting them to build their in-house capability to do so. The grant contributes to Treasury's Outcome 1.3: Support for Markets and Business.

The objective of the grant is to build the capabilities of small businesses to protect themselves from cyber security threats.

The intended outcomes of the grant are:

- a greater awareness amongst small business nationally of cyber security threats
- small businesses take action to protect themselves from cyber security threats
- small businesses have trained in-house cyber wardens to guard against cyber security threats.

We administer the program according to the Commonwealth Grants Rules and Guidelines (CGRGs)¹.

## 2. Grant amount and grant period

The Australian Government has announced up to $22.995 million over three years from 2023-24 to 2025-26.

## 3. Grant selection process

This grant opportunity is a one-off or ad hoc grant. The Treasury considers that this is an appropriate type of selection process considering the nature of the grant is specifically dependent on the Council of Small Business Organisations of Australia Limited (COSBOA) because:

- it is Australia's peak body representing the interests of small businesses and has extensive experience in working with this very diverse group
- it is trusted by small business to promote and support the development of small businesses in Australia and is a credible advocate for advancing their interests
- it has a strong history of fostering an increased awareness and understanding of the role of small business in the general community
- it can directly reach a vast range of small businesses and has strong links through their membership body into many local communities
- it conceived, designed and developed the cyber wardens concept.

### 3.1. Eligibility criteria

The grantee is the Council of Small Business Organisations of Australia Limited, ABN 43 008 597 304.

### 3.2. Who is not eligible?

You are not eligible to apply if:

¹ https://www.finance.gov.au/government/commonwealth-grants/commonwealth-grants-rules-guidelines

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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- you or your project partner is listed on the National Redress Scheme's website as an institution that has not joined or signified its intent to join the Scheme (www.nationalredress.gov.au)
- you have 100 or more employees and have not complied with the Workplace Gender Equality Act (2012).

### 3.3. Eligible activities

To be eligible your project must:

- be aimed at uplifting the cyber security awareness and capability of small businesses.

Eligible activities may include:

- research, consultation and reporting on small business cybersecurity perceptions, needs and impact, and industry co-design
- program and platform development including design and ongoing delivery of the eLearning program and platform
- communication including campaigns and/or media including national events and research whitepapers
- development of industry stakeholder resources
- awareness-building and education including a national awareness communication strategy, including media and stakeholder engagement
- recruitment and participant support
- project management and evaluation.

We may also approve other activities.

### 3.4. Eligible expenditure

You can only spend grant funds on eligible expenditure you have incurred on an agreed project as defined in your grant agreement.

Eligible expenditure items include:

- direct labour costs of employees you directly employ on the core elements of the project. We consider a person an employee when you pay a regular salary or wage, out of which you make regular tax instalment deductions
- up to 30 per cent labour on costs to cover employer paid superannuation, payroll tax, workers compensation insurance, and overheads such as office rent and the purchase or provision of computing equipment directly required or related to the delivery of the project
- contract expenditure covering the cost of eligible project activities that are contracted to others. All contractors must have a written contract prior to starting any project work. Invoices from contractors must contain a detailed description and breakdown of the work including hours and hourly rates
- domestic travel limited to the reasonable cost of accommodation and transportation required to conduct agreed project activities in Australia
- staff training that directly supports the achievement of project outcomes
- ICT costs directly relevant to the project
- costs associated with media campaigns, including promotional material, directly related to the project

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

Page 4 of 13

- the cost of an independent audit of project expenditure (where we request one) up to a maximum of 1 per cent of total eligible project expenditure
- contingency costs up to a maximum of 10 per cent of the eligible project costs. Note that we make payments based on actual costs incurred.

If your application is successful, we may ask you to verify project costs that you provided in your application. You may need to provide evidence such as quotes for major costs.

Not all expenditure on your project may be eligible for grant funding. The program delegate (who is a general manager within the department with responsibility for administering the program) makes the final decision on what is eligible expenditure and may approve other activities.

To be eligible, expenditure must:

- be a direct cost of the project, or
- be incurred by you for required project audit activities.

You must incur the project expenditure between the project start and end date for it to be eligible unless stated otherwise. You must not commence your project until your grant agreement is executed. We are not responsible for any expenditure you incur until a grant agreement is executed. The Commonwealth will not be liable, and should not be held out as being liable, for any activities undertaken before the grant agreement is executed.

### 3.5. Ineligible expenditure

Expenditure of ineligible expenditure include:

- research not directly supporting eligible activities
- activities, equipment or supplies that are already being supported through other sources
- costs incurred prior to the grant agreement being executed
- any in-kind contributions
- financing costs, including interest
- capital expenditure for the purchase of assets such as office furniture and equipment, motor vehicles, computers, printers or photocopiers and the construction, renovation or extension of facilities such as buildings and laboratories
- costs such as rental, renovations and utilities
- non-project-related staff training and development costs
- costs related to obtaining resources used on the project, including interest on loans, job advertising and recruiting, and contract negotiations
- depreciation of plant and equipment beyond the life of the project
- maintenance costs.

This list is not exhaustive and applies only to the expenditure of the grant funds. Other costs may be ineligible where we decide that they do not directly support the achievement of the planned outcomes for the project or that they are contrary to the objective of the program.

You must ensure you have adequate funds to meet the costs of any ineligible expenditure associated with the project.

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

Page 5 of 13

## 4. Your proposal

The grant is subject to an acceptable proposal that includes:

- contact name and position details
- project description
- project start and end date
- details of project milestones including the key activities relevant to each milestone
- details of project governance
- a risk management plan
- details of project partners and collaborators
- detailed project budget (split over financial years and by activity), including justification of major cost elements.

## 5. How to submit your proposal

You will need to set up an account to access our online portal. The portal allows you to apply for and manage a grant or service in a secure online environment. To submit your proposal, you must:

- complete an application through the portal
- provide all the information requested
- address all eligibility criteria
- include all necessary attachments.

You can view and print a copy of your submitted application on the portal for your own records.

You are responsible for making sure your application is complete and accurate. Giving false or misleading information is a serious offence under the *Criminal Code Act 1995* (Cth). If we consider that you have provided false or misleading information we may not progress your application. If you find an error in your application after submitting it, you should call us immediately on 13 28 46.

If we find an error or information that is missing, we may ask for clarification or additional information from you that will not change the nature of your application.

If you need further guidance around the application process, or if you have any issues with the portal, contact us at business.gov.au or by calling 13 28 46.

## 6. How we assess your proposal

In assessing your proposal, we will consider whether:

- your project aligns with the policy intent
- your project is appropriately costed and represents value with relevant money
- your proposed activities and expenditure are eligible
- the level of risk associated with the project and its implementation is manageable and acceptable
- you can deliver your project on time and to budget as identified in supporting documents.

## 7. Who will approve the grant?

The program delegate will make the final decision to approve the grant.

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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The program delegate's decision is final in all matters, including:

- the grant approval
- the grant funding to be awarded
- any conditions attached to the offer of grant funding.

The program delegate must not approve grant funding if they reasonably consider the program funding across financial years will not accommodate the grant funding offer or if the application does not represent value for relevant money.

## 8. Notification of the grant

We will advise you of the outcome of your application in an email. If you are successful, we advise you of any specific conditions attached to the grant.

## 9. Grant agreement

You must enter into a legally binding grant agreement with the Commonwealth. The grant agreement has general terms and conditions that cannot be changed.

We will manage the grant agreement through the portal. Accepting the agreement through the portal is the equivalent of signing a grant agreement. After you have accepted it we will execute the agreement. Execute means both you and the Commonwealth Government have entered into the grant agreement. We will notify you when a copy of the executed agreement is available through the portal. The agreement will not become binding until it is executed.

We must execute a grant agreement with you before we can make any payments. We are not responsible for any expenditure you incur before a grant agreement is executed.

Upon execution of the agreement, you agree you will obtain written informed consent from activity participants to share their information in accordance with the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth) for the purpose of assurance and evaluation activities.

The approval of your grant may have specific conditions determined by the assessment process or other considerations made by the program delegate. We will identify these in the offer of grant funding.

If you enter an agreement under this grant opportunity, you cannot receive other grants for this project from other Commonwealth, state or territory granting programs.

The Commonwealth may recover grant funds if there is a breach of the grant agreement.

You will have 30 days from the date we notify you of your success to execute the grant agreement with the Commonwealth. During this time, we will work with you to finalise details.

The offer may lapse if both parties do not accept the grant agreement within this time. Under certain circumstances, we may extend this period. We base the approval of your grant on the information you provide in your application. We will review any required changes to these details to ensure they do not affect the project as approved by the program delegate.

### 9.1. Variations to the grant agreement

We recognise that unexpected events may affect project progress. In these circumstances, you can request a variation to your grant agreement, including:

- changing project milestones
- changing project activities

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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- extending the timeframe for completing the project.

If you want to propose changes to the grant agreement, you must put them in writing before the project end date, for the program delegate to consider.

## 9.2. Project specific legislation, policies and industry standards

You must comply with all relevant laws, regulations and Australian Government sanctions in undertaking your project. You must also comply with the specific legislation/policies/industry standards that follow. It is a condition of the grant funding that you meet these requirements. We will include these requirements in your grant agreement.

In particular, you will be required to comply with State or territory legislation in relation to working with children.

## 9.3. Tax obligations

If you are registered for the Goods and Services Tax (GST), where applicable we will add GST to your grant payment and provide you with a recipient created tax invoice. You are required to notify us if your GST registration status changes during the project period. GST does not apply to grant payments to government related entities².

Grants are assessable income for taxation purposes, unless exempted by a taxation law. We recommend you seek independent professional advice on your taxation obligations or seek assistance from the Australian Taxation Office³. We do not provide advice on tax.

## 10. Grant acquittal, payment and reporting

### 10.1. How we pay the grant

We will make payments according to an agreed schedule set out in the grant agreement. Payments are subject to satisfactory progress on the project.

### 10.2. Keeping us informed

You should let us know if anything is likely to affect your project or organisation.

We need to know of any key changes to your organisation or its business activities, particularly if they affect your ability to complete your project, carry on business and pay debts due.

You must also inform us of any changes to your:

- name
- addresses
- nominated contact details
- bank account details.

If you become aware of a breach of terms and conditions under the grant agreement, you must contact us immediately.

You must notify us of events relating to your project and provide an opportunity for the Minister or their representative to attend.

² See Australian Taxation Office ruling GSTR 2012/2 available at ato.gov.au

³ https://www.ato.gov.au/

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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## 10.3. Reporting

You must submit reports through the portal in line with the grant agreement. We will provide the requirements for these reports as appendices in the grant agreement. We will remind you of your reporting obligations before a report is due. We will expect you to report on:

- progress against agreed project milestones
- project expenditure, including expenditure of grant funds.

The amount of detail you provide in your reports should be relative to the project size, complexity and grant amount.

### 10.3.1. Progress reports

Progress reports must:

- include details of your progress towards completion of agreed project activities
- show the total eligible expenditure incurred to date
- include evidence of expenditure
- be submitted by the report due date (you can submit reports ahead of time if you have completed relevant project activities)
- include data on the small businesses engaged and individuals enrolled, certified and re-certified through your program each quarter
- data on research, awareness and education campaigns conducted throughout the quarter.

We will only make grant payments when we receive satisfactory progress reports.

You must discuss any project or milestone reporting delays with us as soon as you become aware of them.

### 10.3.2. End of project report

When you complete the project, you must submit an end of project report.

End of project reports must:

- include the agreed evidence as specified in the grant agreement
- identify the total eligible expenditure incurred for the project
- include a declaration that the grant money was spent in accordance with the grant agreement and to report on any underspends of the grant money
- be submitted by the report due date
- include data on the small businesses engaged and individuals enrolled, certified and re-certified through your program
- data on research, awareness and education campaigns conducted throughout the project.

### 10.3.3. Ad-hoc reports

We may ask you for ad-hoc reports on your project. This may be to provide an update on progress, or any significant delays or difficulties in completing the project.

## 10.4. Independent audits

We will ask you to provide an independent audit report. An audit report will verify that you spent the grant in accordance with the grant agreement. The audit report requires you to prepare a statement

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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of grant income and expenditure. The report template is available on business.gov.au and GrantConnect.

## 10.5. Compliance visits

We may visit you during the project period to review your compliance with the grant agreement. We may also inspect the records you are required to keep under the grant agreement. We will provide you with reasonable notice of any compliance visit.

## 11. Grant acknowledgement

If you make a public statement about a project funded under the program, including in media releases, on social media and in a brochure or publication, you must acknowledge the grant by using the following:

'This project received grant funding from the Australian Government.'

## 12. Announcement of grants

We publish details of successful projects on GrantConnect as required by the Commonwealth Grants Rules and Guidelines unless otherwise prohibited by law. We may also publish this information on business.gov.au. This information may include:

- name of your organisation
- title of the project
- description of the project and its intended outcomes
- amount of grant funding awarded
- Australian Business Number
- business location
- your organisation's industry sector.

## 13. Probity

We will make sure that the grant opportunity process is fair, according to the guidelines, incorporates appropriate safeguards against fraud, unlawful activities and other inappropriate conduct and is consistent with the CGRGs.

### 13.1. Conflicts of interest

Any conflicts of interest could affect the performance of the grant opportunity or program. There may be a conflict of interest, or perceived conflict of interest, if our staff, or our Commonwealth Policy entity staff, any member of a committee or advisor and/or you or any of your personnel:

- has a professional, commercial or personal relationship with a party who is able to influence the application selection process, such as an Australian Government officer
- has a relationship with or interest in, an organisation, which is likely to interfere with or restrict the applicants from carrying out the proposed activities fairly and independently or
- has a relationship with, or interest in, an organisation from which they will receive personal gain because the organisation receives a grant under the grant program/ grant opportunity.

As part of your application, we will ask you to declare any perceived or existing conflicts of interests or confirm that, to the best of your knowledge, there is no conflict of interest.

Small Business Cyber Wardens
Grant opportunity guidelines

July 2023

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If you later identify an actual, apparent, or perceived conflict of interest, you must inform us in writing immediately.

Conflicts of interest for Australian Government staff are handled as set out in the Australian Public Service Code of Conduct (Section 13(7))⁴ of the Public Service Act 1999 (Cth). Committee members and other officials including the decision maker must also declare any conflicts of interest.

We publish our conflict of interest policy⁵ on the department's website. The Commonwealth policy entity also publishes a conflict of interest policy on its website.

## 13.2. How we use your information

Unless the information you provide to us is:

- confidential information as per 13.2.2, or
- personal information as per 13.2.3,

we may share the information with other government agencies for a relevant Commonwealth purpose such as:

- to improve the effective administration, monitoring and evaluation of Australian Government programs
- for research
- to announce the awarding of grants.

### 13.2.1. How we handle your confidential information

We will treat the information you give us as sensitive and therefore confidential if it meets all of the following conditions:

- you clearly identify the information as confidential and explain why we should treat it as confidential
- the information is commercially sensitive
- disclosing the information would cause unreasonable harm to you or someone else
- you provide the information with an understanding that it will stay confidential.

### 13.2.2. When we may disclose confidential information

We may disclose confidential information:

- to our Commonwealth employees and contractors, to help us manage the program effectively
- to the Auditor-General, Ombudsman or Privacy Commissioner
- to the responsible Minister or Assistant Minister
- to a House or a Committee of the Australian Parliament.

We may also disclose confidential information if

- we are required or authorised by law to disclose it
- you agree to the information being disclosed, or

⁴ https://www.legislation.gov.au/Details/C2019C00057

⁵ https://www.industry.gov.au/publications/conflict-interest-policy

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Grant opportunity guidelines

July 2023

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- someone other than us has made the confidential information public.

### 13.2.3. How we use your personal information

We must treat your personal information according to the Australian Privacy Principles (APPs) and the *Privacy Act 1988* (Cth). This includes letting you know:

- what personal information we collect
- why we collect your personal information
- to whom we give your personal information.

We may give the personal information we collect from you to our employees and contractors, and other Commonwealth employees and contractors, so we can:

- manage the program
- research, assess, monitor and analyse our programs and activities.

We, or the Minister, may:

- announce the names of successful applicants to the public
- publish personal information on the department's websites.

You may read our Privacy Policy⁶ on the department's website for more information on:

- what is personal information
- how we collect, use, disclose and store your personal information
- how you can access and correct your personal information.

### 13.2.4. Freedom of information

All documents in the possession of the Australian Government, including those about the program, are subject to the *Freedom of Information Act 1982* (Cth) (FOI Act).

The purpose of the FOI Act is to give members of the public rights of access to information held by the Australian Government and its entities. Under the FOI Act, members of the public can seek access to documents held by the Australian Government. This right of access is limited only by the exceptions and exemptions necessary to protect essential public interests and private and business affairs of persons in respect of whom the information relates.

If someone requests a document under the FOI Act, we will release it (though we may need to consult with you and/or other parties first) unless it meets one of the exemptions set out in the FOI Act.

## 13.3. Enquiries and feedback

For further information or clarification, you can contact us on 13 28 46 or by web chat or through our online enquiry form on business.gov.au.

We may publish answers to your questions on our website as Frequently Asked Questions.

Our Customer Service Charter is available at business.gov.au. We use customer satisfaction surveys to improve our business operations and service.

If you have a complaint, call us on 13 28 46. We will refer your complaint to the appropriate manager.

⁶ https://www.industry.gov.au/data-and-publications/privacy-policy

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Grant opportunity guidelines

July 2023

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If you are not satisfied with the way we handle your complaint, you can contact:

General Manager
Business Grants Hub
Department of Industry, Science and Resources
GPO Box 2013
CANBERRA ACT 2601

You can also contact the Commonwealth Ombudsman⁷ with your complaint (call 1300 362 072).
There is no fee for making a complaint, and the Ombudsman may conduct an independent
investigation.

⁷ http://www.ombudsman.gov.au/

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Grant opportunity guidelines

July 2023

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![img-1.jpeg](img-1.jpeg)

Australian Government  
Department of Industry, Science and Resources

FOI 4282  
Document 2

# Commonwealth Standard Grant Agreement

between the Commonwealth of Australia represented by

**Department of Industry, Science and Resources**

and

**COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED**

*The Commonwealth Acknowledges the Aboriginal and Torres Strait Islander Peoples throughout Australia and their continuing connection to land, water, culture and community. We pay our respects to the Elders both past and present. We acknowledge that our services are provided on many Indigenous lands. We continue to recognise that to achieve true reconciliation we need to work together with Aboriginal and Torres Strait Islander peoples, communities, staff and stakeholders to ensure that we are meeting the needs of the community.*

---Small Business Cyber Wardens  
Commonwealth Standard Grant Agreement

July 2023

Page 1 of 52

# Contents

Grant Agreement SBCW000001 ... 3
Parties to this Agreement ... 3
Background ... 4
Scope of this Agreement ... 4
Grant Details SBCW000001 ... 5
A. Purpose of the Grant ... 5
B. Activity ... 5
C. Duration of the Grant ... 8
D. Payment of the Grant ... 12
E. Reporting ... 13
F. Party representatives and address for notices ... 14
G. Activity Material ... 15
Supplementary Terms ... 16
Schedule 1: Commonwealth Standard Grant Conditions ... 26
Signatures ... 36
Commonwealth ... 36
Grantee ... 36
Schedule 2 Reporting requirements ... 37

Small Business Cyber Wardens
Commonwealth Standard Grant Agreement

July 2023

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# Grant Agreement SBCW000001

Once completed, this document, together with the Grant Details and the Commonwealth Standard Grant Conditions (Schedule 1), forms an Agreement between the Commonwealth of Australia (the Commonwealth) and the Grantee.

## Parties to this Agreement

The Grantee

|  Full legal name of Grantee | COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED  |
| --- | --- |
|  Legal entity type (e.g. individual, incorporated association, company, partnership, etc) | Australian Public Company  |
|  Trading or business name | COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LTD  |
|  Any relevant licence, registration or provider number | Not applicable  |
|  Australian Business Number (ABN) or other entity identifiers | 43008597304  |
|  Australian Company Number (ACN) | 008597304  |
|  Registered for Goods and Services Tax (GST)? | Yes  |
|  Date from which GST registration was effective? | 24/07/2000  |
|  Registered office address | 15 MOORE ST CANBERRA ACT 2601 Australia  |
|  Relevant business place | ANZ Building, Level 2 15 Moore Street Canberra ACT 2601 Australia  |

The Commonwealth

The Commonwealth of Australia represented by the Department of Industry, Science and Resources of 10 Binara Street CANBERRA ACT 2600 ABN 74 599 608 295

The Department of Industry, Science and Resources will manage the Agreement on behalf of the Treasury.

Small Business Cyber Wardens Commonwealth Standard Grant Agreement

July 2023

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## Background

The Commonwealth has agreed to enter this Agreement under which the Commonwealth will provide the Grantee with a Grant for the purpose of assisting the Grantee to undertake the associated Activity.

The Grantee agrees to use the Grant and undertake the Activity in accordance with this Agreement and the relevant Grant Details.

## Scope of this Agreement

This Agreement comprises:

- (a) this document;
- (b) the Supplementary Terms (if any);
- (c) the Standard Grant Conditions (Schedule 1);
- (d) the Grant Details;
- (e) any other document referenced or incorporated in the Grant Details.

If there is any ambiguity or inconsistency between the documents comprising this Agreement in relation to a Grant, the document appearing higher in the list will have precedence to the extent of the ambiguity or inconsistency.

This Agreement represents the Parties' entire agreement in relation to the Grant provided under it and the relevant Activity and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing.

Certain information contained in or provided under this Agreement may be used for public reporting purposes.

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Commonwealth Standard Grant Agreement

July 2023

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# Grant Details SBCW000001

## A. Purpose of the Grant

The Grant is being provided as part of the Small Business Cyber Wardens grant opportunity.

The objective of the grant is to build the capabilities of small businesses to protect themselves from cyber security threats.

The intended outcomes of the grant are:

- • a greater awareness amongst small business nationally of cyber security threats
- • small businesses take action to protect themselves from cyber security threats
- • small businesses have trained in-house cyber wardens to guard against cyber security threats.

## B. Activity

The Activity is made up of the Grantee's project and all eligible project activities as specified in these Grant Details.

### Project title

Cyber Wardens

### Project scope and description

The program's final milestones, deliverables, and budget will be agreed between COSBOA and the Department in an updated Project Plan provided in Milestone 1 to ensure alignment with the government's Cyber Strategy.

Full details of program activities, including breakdown of program deliverables, are included in the attached Project Plan.

Indicative activities:

Workstream #1: Research and evidence

#1.1 Annual 'Small Business Cyber Security Pulse Check' report

Research whitepaper providing 'state of the nation's small business and cyber security benchmarking, with a focus on measuring behavioural change and tracking emerging needs of Australian small business owners.

#1.2 National small business cyber security survey on preparedness and capability of small business owners and teams. Survey to be repeated annually over the life of the grant.

#1.3 Qualitative research

Focus groups and in-depth interviews across a range of small business sizes and demographic segments (including sole traders, micro SBs, mid-sized SBs, rural businesses, as well as founders who identify as female, culturally and linguistically diverse, Aboriginal and Torres Strait Islander and founders with a disability.)

#1.4 Communication and distribution strategy inclusive of annual industry research briefings and webinar, national media research launch and associated media support.

Workstream #2: Industry consultation and co-design

#2.1 General program consultation

Consultation and codesign activities to inform national Cyber Wardens program development.

Building on Level 1, developed through the pilot program, Cyber Wardens Levels 2 and 3 will be

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Commonwealth Standard Grant Agreement

July 2023

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implemented in Year 1, with 3x Industry / Sector specific extensions in Year 2.

# #2.2 Program Translation Consultation

Co-design and consultation with diverse audience segments.

# #2.3 Program Expansion Report

Co-design and consultation recommendations and report synthesising insights and recommendations from codesign activities.

# #2.4 Small Business Cyber Security 5 Year Strategy

Design of 5 Year Small Business Cyber Security Strategy with Cyber Wardens program recommendations.

# Workstream #3: Program & platform development

# #3.1 Educational design

Design of the educational outcomes and learning framework to guide the development of individual course components.

# #3.2 E-learning modules and content development

End-to-end content and module development for the Cyber Wardens platform comprising wireframes, content creation, user testing and ongoing content maintenance

# #3.3 Facilitated learning development

Development of content resources to support in-person learning, immersion workshops and facilitated sessions.

# #3.4 Small business Cyber Wardens Resources Hub

Practical small business resources

# #3.5 Brand

Cyber Wardens brand review and refinement.

# #3.6 Platform hosting and management

Technical development, platform upgrades, maintenance, hosting, management.

# #3.7 Cyber security

Security stress-testing of platforms and insurance

# Workstream #4: National awareness and education campaign

# #4.1 National awareness and education campaign

33-month awareness and education plan, with annual review and update to identify emerging opportunities and integrate them into the communication strategy.

# #4.2 Media

National and industry media events and PR, alongside ongoing social media

# #4.3 Stakeholder engagement

Ongoing engagement with small business peak body organisations

# #4.4 Awareness content and activities

Ambassadors program, Cyber Wardens Local Training Stations, Local Electorate Cyber Wardens Kits, podcast, and major video campaign.

# #4.5 Paid amplification

Paid advertising and media.

# Workstream #5: Student recruitment and behavioural change

# #5.1 Recruitment

Targeted and tailored recruitment activities for new learners, recertification and future modules

# #5.2 Student support

Design and delivery of communications to students

# #5.3 Graduation

Development, manufacture and fulfilment of graduation kit and recertification materials

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#5.4 Driving behavioural change
Implementation program

Workstream #6: Reporting and evaluation

#6.1 Project Reporting

Grant reporting

#6.2 Evaluation

Design of student evaluation framework, survey creation and testing, market research approvals, collection and reporting

Workstream #7: Project management

#7.1 Work plan

Design of the 3-year program implementation work plan

#7.2 Advisory Group Management

Quarterly meetings of the Cyber Wardens Industry Advisory Group

#7.3 Project & Grant Management

Including financial and operations oversight of project sourcing, management of contractors, and so on

Project outcomes

A 3-year investment from the Australian Government would deliver Australia's first small business cyber security frontline comprised of employees and owners from the nation's 2.3 million small businesses. This investment would supercharge behavioural change in homes and businesses across Australia - with safer online practices closing Australia to the business of cyber criminals.

Rolling out the Cyber Wardens program nationally will:

1. Empower small businesses to help protect themselves against cyber threats by training up to 60,000 Cyber Wardens across at least 15,000 small businesses with free access to the Cyber Wardens eLearning program.
2. Increase small business awareness of cyber security threats and awareness of readily available solutions to build their cyber resilience by engaging with more than 1 million small business owners and employees through a high-impact national awareness campaign.
3. Build a network of trained in-house cyber wardens to drive cultural change and cyber-safe mindsets in Australia's small business.
4. Develop the practical skills of small businesses to guard against cyber security threats.
5. Provide a platform for small business to respond quickly to emerging cyber threats with targeted information and resources.
6. National program footprint including 24 Cyber Wardens roadshow events and the supply of local Cyber Wardens kits.

Nearly half of all Australians employed in small businesses have experienced a negative cyber incident. If just 20 per cent of businesses trained by Cyber Wardens could successfully detect and thwart a cyberattack, the financial gain for the industry could amount to $117 million. This equates to a potential ROI of at least 4x.

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In undertaking the Activity, the Grantee must comply with the requirements of the grant opportunity guidelines (as in force at the time of application).

The Grantee must notify the Commonwealth about events relating to the project and provide an opportunity for the Minister or their representative to attend.

### C. Duration of the Grant

The Activity starts on 06 November 2023 and ends on 31 July 2026, which is the **Activity Completion Date**.

The Agreement ends on 07 January 2027 which is the **Agreement End Date**.

#### Activity Schedule

In undertaking the Activity, the Grantee will meet the following milestones by the due dates.

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|  Milestone number | Milestone name and description | Due date  |
| --- | --- | --- |
|  001 | Milestone 1: Project Launch & Design Project Plan with detailed milestones and deliverables confirmed. Risk Register and Mitigation Plan design Program Launch Evaluation design Inaugural Small Business Cyber Security Research Project and associated media and research webinar Program Learning Framework and strategy design Pilot content review Launch ambassador program Student recruitment, graduation and support services Project Management Resource Hub launch Content production National awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 1 - Enrolments 1,000 - Graduates 500 - Small businesses engaged 150 The grantee is required to supply additional budget evidence in their first progress report as follows: - The grantee supplies further evidence to labour costs by specifying the funded positions inclusive of Part-Time/Full-Time Equivalent (PTE/FTE) staffing and the number of staff associated with direct labour costs. - The grantee supplies further evidence to travel expenditure such as class of travel, duration, accommodation, and number of travellers. | 29/02/2024  |

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|  Milestone number | Milestone name and description | Due date  |
| --- | --- | --- |
|  002 | Milestone 2: Facilitated Learning Design & Consultation Local Activations Kit and Local Electorate Pop-Ups Program Extension Consultation across program levels, audience translations and industries. Annual Recertification strategy, wireframes, content creation, user testing and platform development Program Extension: Emerging threat module development ( if required). Train the Advisor & facilitate learning strategy, content and resource development. Podcast development and launch Student recruitment, graduation and support services Project Management Resource Hub management Content production National awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 2 - Enrolments 6,500 - Graduates 5,500 - Small businesses engaged 1,650 | 31/07/2024  |
|  003 | Milestone 3: Program Extension Recertification platform production Level 2 & 3 design and content production Train the Advisor final production and launch Program extensions: Emerging Threat module development and Lunch & Learn Kits Program adaptations: CALD translations and target audience-tailored content Annual Small Business Cyber Security Research Project and associated media Student recruitment, graduation and support services Project management Resource Hub management Content production National awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 3 - Enrolments 9,500 - Graduates 8,300 - Recertification 1,500 - Small businesses engaged 2,490 | 31/01/2025  |

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|  Milestone number | Milestone name and description | Due date  |
| --- | --- | --- |
|  004 | Milestone 4: Mid project impact and program amplification Mid-project impact report Level 2 & 3 Launch Program Extension: Emerging threat module user testing & sector extension development Program adaptations: Final production for train the advisor, CALD & Aboriginal and Torres Strait Islander targeted content Development and launch of podcast season 2 Student recruitment, graduation and support services Project management Resource Hub management Content production National Awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 4 - Enrolments 12,000 - Graduates 10,700 - Recertification 4,500 - Small businesses engaged 3,210 | 31/07/2025  |
|  005 | Milestone 5: Program amplification Ongoing project delivery Program Adaptations: CALD translations Annual Small Business Cyber Security Research Project and associated media Program Extension: Emerging threat module Annual Content Review Student recruitment, graduation and support services Project management Resource Hub management Content production National Awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 5 - Enrolments 16,000 - Graduates 13,000 - Recertification 7,500 - Small businesses engaged 3,900 | 31/01/2026  |

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|  Milestone number | Milestone name and description | Due date  |
| --- | --- | --- |
|  006 | Milestone 6: Amplification + evaluation Ongoing project delivery Project Evaluation National Awareness & education campaign inclusive off media + trade media campaign, 3 webinars, 3 trade booth, quarterly ambassador, branded content partnership Paid amplification 250K + 1250K search Project Management Resource Hub management Content production National Awareness & education campaign Measurable Targets: - Quantified outputs are described and/or achieved as outlined in the project plan for milestone 6 - Enrolments 15,000 - Graduates 12,000 - Recertification 10,500 - Small businesses engaged 3,600 | 31/07/2026  |

### D. Payment of the Grant

The total amount of the Grant is $22,994,750 (plus GST if applicable).

The Grant will be provided at up to 100.00 per cent of eligible expenditure as defined in the grant opportunity guidelines subject to availability of Program funds.

The Grant will be paid in accordance with clause ST2.

The Grant will be paid according to the following schedule. Payments are subject to satisfactory progress on the project and compliance by the Grantee with its obligations under this Agreement.

|  Payment event | Payment amount (GST excl) | Anticipated payment date  |
| --- | --- | --- |
|  Initial payment upon execution of this Agreement | s 47(1)(b) | 21/11/2023  |
|  Progress payment |   | 14/03/2024  |
|  Progress payment |   | 30/09/2024  |
|  Progress payment |   | 31/03/2025  |
|  Progress payment |   | 30/09/2025  |
|  Final payment |   | 31/03/2026  |
|  Total | $22,994,750 |   |

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# Invoicing

The Grantee agrees to allow the Commonwealth to issue it with a Recipient Created Tax Invoice (RCTI) for any taxable supplies it makes in relation to the Activity.

# E. Reporting

The Grantee agrees to provide the following reports to the Commonwealth representative in accordance with the reporting requirements (Schedule 2).

|  Report type | Period start date | Period end date | Agreed evidence | Due date  |
| --- | --- | --- | --- | --- |
|  Progress Report 1 | 06/11/2023 | 31/01/2024 | Detailed contract expenditure, Service level data | 15/02/2024  |
|  Progress Report 2 | 01/02/2024 | 30/04/2024 | Detailed contract expenditure, Service level data | 30/05/2024  |
|  Independent Audit Report | 06/11/2023 | 30/06/2024 |  | 31/07/2024  |
|  Compliance with working with children obligations | 06/11/2023 | 30/06/2024 |  | 31/07/2024  |
|  Progress Report 3 | 01/05/2024 | 31/07/2024 | Detailed contract expenditure, Service level data | 30/08/2024  |
|  Progress Report 4 | 01/08/2024 | 31/10/2024 | Detailed contract expenditure, Service level data | 30/11/2024  |
|  Progress Report 5 | 01/11/2024 | 31/01/2025 | Detailed contract expenditure, Service level data | 28/02/2025  |
|  Progress Report 6 | 01/02/2025 | 30/04/2025 | Detailed contract expenditure, Service level data | 30/05/2025  |
|  Compliance with working with children obligations | 01/07/2024 | 30/06/2025 |  | 31/07/2025  |

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|  Report type | Period start date | Period end date | Agreed evidence | Due date  |
| --- | --- | --- | --- | --- |
|  Independent Audit Report | 01/07/2024 | 30/06/2025 |  | 31/07/2025  |
|  Progress Report 7 | 01/05/2025 | 31/07/2025 | Detailed contract expenditure, Service level data | 30/08/2025  |
|  Progress Report 8 | 01/08/2025 | 31/10/2025 | Detailed contract expenditure, Service level data | 30/11/2025  |
|  Progress Report 9 | 01/11/2025 | 31/01/2026 | Detailed contract expenditure, Service level data | 28/02/2026  |
|  Progress Report 10 | 01/02/2026 | 30/04/2026 | Detailed contract expenditure, Service level data | 30/05/2026  |
|  Independent Audit Report | 01/07/2025 | 30/06/2026 |  | 31/07/2026  |
|  Compliance with working with children obligations | 01/07/2025 | 30/06/2026 |  | 31/07/2026  |
|  End of project report | 06/11/2023 | 31/07/2026 | Detailed contract expenditure, Service level data, Independent audit report | 29/10/2026  |

During the Agreement period, the Commonwealth may ask the Grantee for ad-hoc reports on the project. The Grantee must provide these reports in the timeframes notified by the Commonwealth.

### F. Party representatives and address for notices

Grantee's representative and address

|  Grantee's representative name | S 47F  |
| --- | --- |
|  Position | Chief Operating Officer  |

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|  Address | ANZ Building, Level 2 15 Moore Street Canberra ACT 2601  |
| --- | --- |
|  Business hours telephone | s 47F  |
|  Mobile | s 47F  |
|  Email | s 47F@cosboa.org.au  |

Commonwealth representative and address

|  Name of representative | s 47F  |
| --- | --- |
|  Position | Program Manager - Business Grants Hub  |
|  Postal address | GPO Box 2013 CANBERRA ACT 2601  |
|  Physical address | 10 Binara Street CANBERRA ACT 2600  |
|  Business hours telephone | s 47F  |
|  Email | CyberWardens@industry.gov.au  |

The Parties' representatives will be responsible for liaison and the day-to-day management of the Grant, as well as accepting and issuing any written notices in relation to the Grant.

# G. Activity Material

Not applicable

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## Supplementary Terms

### ST1. Other Contributions

Not applicable

### ST2. Activity Budget

ST2.1 In this Agreement, Appropriation means money drawn from the Consolidated Revenue Fund.

ST2.2 The Grantee agrees to use the Grant and any Other Contributions and undertake the Activity consistently with the Activity Budget in the following table:

#### Financial year 2023/24

|  Head of expenditure | Breakdown of expenditure | Agreed project cost  |
| --- | --- | --- |
|  Project expenditure | $ 47(1)(b) |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure |  |   |
|  Financial year total |   | $6,604,000  |

#### Financial year 2024/25

|  Head of expenditure | Breakdown of expenditure | Agreed project cost  |
| --- | --- | --- |
|  Project expenditure | $ 47(1)(b) |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |

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|  s 47(1)(b)  |   |
| --- | --- |
|  Project expenditure |   |
|  Project expenditure |   |
|  Project expenditure |   |
|  Financial year total | $8,369,000  |

Financial year 2025/26

|  Head of expenditure | Breakdown of expenditure | Agreed project cost  |
| --- | --- | --- |
|  Project expenditure | s 47(1)(b)  |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure |   |   |
|  Financial year total |   | $8,021,750  |

Financial year 2026/27

|  Head of expenditure | Breakdown of expenditure | Agreed project cost  |
| --- | --- | --- |
|  Project expenditure | s 47(1)(b)  |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |

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|  s 47(1)(b)  |   |
| --- | --- |
|  Project expenditure |   |
|  Project expenditure |   |
|  Financial year total | $0  |

All financial years

|  Head of expenditure | Breakdown of expenditure | Agreed project cost  |
| --- | --- | --- |
|  Project expenditure | s 47(1)(b)  |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  Project expenditure  |   |   |
|  All financial years total |   | $22,994,750  |

Figures in the above table are GST inclusive amounts less GST credits that can be claimed in relation to the expenditure.

ST2.3 Subject to sufficient appropriation being available, the Grant will be paid up to the Annual Capped Amounts over the financial years specified in the following table.

Annual capped amounts

|  Financial Year | Annual capped amount (GST excl)  |
| --- | --- |
|  2023/24 | $6,604,000  |
|  2024/25 | $8,369,000  |
|  2025/26 | $8,021,750  |
|  Total | $22,994,750  |

ST2.4 The Commonwealth is not required to make a payment if it would result in the amount paid in a financial year exceeding the Annual Capped Amount for that financial year specified in the table under clause ST2.3.

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ST2.5 In accordance with the Activity Budget under clause ST2.2, the Annual Capped Amounts may not be exceeded unless the Commonwealth specifically approves an increase of that amount under clause ST2.8.

ST2.6 Subject to this clause, the Grantee may reallocate expenditure in respect of categories of expenditure in the Activity Budget, provided it does not materially change the Activity, any Milestone(s) set out in this Agreement, or cause the Grantee to be in breach of any of its obligations under this Agreement.

ST2.7 The Grantee must give the Commonwealth:

- (a) at any time the Grantee wishes to request a variation to any one or more of the Annual Capped Amounts; or
- (b) if otherwise requested by the Commonwealth,

a revised Activity Budget in a form acceptable to the Commonwealth. The revised Activity Budget must clearly identify any proposed changes, including of any proposed changes to the Annual Capped Amounts, and explain the reasons for the proposed changes.

ST2.8 The Commonwealth may, at its discretion, approve or reject a revised Activity Budget provided under clause ST2.7 and/or any proposed changes to the Annual Capped Amounts. The Commonwealth's approval may be granted subject to conditions.

ST2.9 If a revised Activity Budget and any proposed changes to the Annual Capped Amounts are approved by the Commonwealth, then it will become the Activity Budget and, if relevant, the Annual Capped Amounts will be adjusted accordingly.

### ST3. Intellectual property in Activity Material

ST3.1 The Grantee agrees, on request from the Commonwealth, to provide the Commonwealth with a copy of any Activity Material in the format reasonably requested by the Commonwealth.

ST3.2 The Grantee agrees to provide the Commonwealth a permanent, non-exclusive, irrevocable, royalty-free licence (including a right to sub licence) to use, modify, communicate, reproduce, publish, and adapt the Activity Material as specified in the Grant Details for Commonwealth Purposes.

ST3.3 The Grantee warrants that the provision and use of Activity Material in accordance with the Agreement (and the use of specified Activity Material in accordance with ST3.2) will not infringe any third party's Intellectual Property Rights.

ST3.4 The Grantee will obtain written moral rights consents (other than in relation to acts of false attribution) from all authors of Reporting Material, and any Activity Material specified in the Grant Details, to the use of that Material by the Commonwealth in accordance with this Agreement, prior to that Material being provided to the Commonwealth.

### ST4. Access/monitoring/inspection

ST4.1 The Grantee agrees to give the Commonwealth, or any persons authorised in writing by the Commonwealth:

- (a) access to premises where the Activity is being performed and/or where Material relating to the Activity is kept within the time period specified in a Commonwealth notice; and
- (b) permission to inspect and take copies of any Material relevant to the Activity.

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ST4.2 The Auditor-General and any Information Officer under the *Australian Information Commissioner Act 2010* (Cth) (including their delegates) are persons authorised for the purposes of clause ST4.1.

ST4.3 This clause ST4 does not detract from the statutory powers of the Auditor-General or an Information Officer (including their delegates).

## ST5. Equipment and Assets

Not applicable

## ST6. Specified Personnel

Not applicable

## ST7. Relevant qualifications, licences, permits, approvals or skills

Not applicable

## ST8. Vulnerable Persons

Not applicable

## ST9. Child safety

ST9.1 In this Agreement

|  **Child** | means an individual(s) under the age of 18 years and **Children** has a similar meaning;  |
| --- | --- |
|  **Child-Related Personnel** | means officers, employees, contractors (including subcontractors), agents and volunteers of the Grantee involved with the Activity who as part of that involvement may interact with Children;  |
|  **Legislation** | means a provision of a statute or subordinate legislation of the Commonwealth, or of a State, Territory or local authority;  |
|  **National Principles for Child Safe Organisations** | means the National Principles for Child Safe Organisations, which have been endorsed in draft form by the Commonwealth Government (available at: https://humanrights.gov.au/our-work/childrens-rights/projects/child-safe-organisations) and subsequently, from the time of their endorsement by the Council of Australian Governments, the final National Principles for Child Safe Organisations as published by the Australian Government;  |
|  **Relevant Legislation** | means Legislation in force in any jurisdiction where any part of the Activity may be carried out;  |
|  **Working With Children Check or WWCC** | means the process in place pursuant to Relevant Legislation to screen an individual for fitness to work with Children.  |

## Relevant checks and authority

ST9.2 The Grantee must

(a) comply with all Relevant Legislation relating to the employment or engagement of Child-Related Personnel in relation to the Activity, including all necessary Working With Children Checks however described;

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(b) ensure that Working With Children Checks obtained in accordance with this clause ST9.2 remain current and that all Child-Related Personnel continue to comply with all Relevant Legislation for the duration of their involvement in the Activity; and
(c) ensure that any subcontract entered into by the Grantee for the purposes of this Agreement imposes the same obligations in clauses ST9.2(a) and (b) on the subcontractor and also requires the subcontractor to include those obligations in any secondary subcontracts.

# **National Principles for Child Safe Organisations and other action for the safety of Children**

ST9.3 The Grantee agrees in relation to the Activity to:

(a) implement the National Principles for Child Safe Organisations;
(b) ensure that all Child-Related Personnel implement the National Principles for Child Safe Organisations;
(c) complete and update, at least annually, a risk assessment to identify the level of responsibility for Children and the level of risk of harm or abuse to Children;
(d) put into place and update, at least annually, an appropriate risk management strategy to manage risks identified through the risk assessment required by this clause ST9.3;
(e) provide training and establish a compliance regime to ensure that all Child Related Personnel are aware of, and comply with
(i) the National Principles for Child Safe Organisations;
(ii) the Grantee's risk management strategy required by this clause ST9.3;
(iii) Relevant Legislation relating to requirements for working with Children, including Working With Children Checks;
(iv) Relevant Legislation relating to mandatory reporting of suspected child abuse or neglect, however described;
(f) provide the Commonwealth with an annual statement of compliance with clauses ST9.2 and ST9.3, in such form as may be specified by the Commonwealth; and
(g) ensure that any subcontract entered into by the Grantee for the purposes of this Agreement imposes the same obligations in clauses ST9.3(a) to (e) on the subcontractor and also requires the subcontractor to include those obligations in any secondary subcontracts.

ST9.4 With reasonable notice to the Grantee, the Commonwealth may conduct a review of the Grantee's compliance with this clause ST9.

ST9.5 The Grantee agrees to:

(a) notify the Commonwealth of any failure to comply with this clause ST9;
(b) co-operate with the Commonwealth in any review conducted by the Commonwealth of the Grantee's implementation of the National Principles for Child Safe Organisations or compliance with this clause ST9; and
(c) promptly, and at the Grantee's cost, take such action as is necessary to rectify, to the Commonwealth's satisfaction, any failure to implement the National Principles for Child Safe Organisations or any other failure to comply with this clause ST9.

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## ST10. Commonwealth Material, facilities and assistance

Not applicable

## ST11. Jurisdiction

ST11.1 This Agreement is governed by the law of the Australian Capital Territory.

## ST12. Grantee trustee of trust (if applicable)

ST12.1 In this Agreement, **Trust** means the trust specified in the Parties to the Agreement section of this Agreement.

ST12.2 The Grantee warrants that:

- (a) it is the sole trustee of the Trust; and
- (b) it has full and valid power and authority to enter into this Agreement and perform the obligations under it on behalf of the Trust; and
- (c) it has entered into this Agreement for the proper administration of the Trust; and
- (d) all necessary resolutions, consents, approvals and procedures have been obtained or duly satisfied to enter into this Agreement and perform the obligations under it; and
- (e) it has the right to be indemnified out of the assets of the Trust for all liabilities incurred by it under this Agreement.

## ST13. Fraud

ST13.1 In this Agreement, Fraud means dishonestly obtaining a benefit, or causing a loss, by deception or other means, and includes alleged, attempted, suspected or detected fraud.

ST13.2 The Grantee must ensure its personnel and subcontractors do not engage in any Fraud in relation to the Activity.

ST13.3 If the Grantee becomes aware of:

- (a) any Fraud in relation to the performance of the Activity; or
- (b) any other Fraud that has had or may have an effect on the performance of the Activity;

then it must within 5 business days report the matter to the Commonwealth and all appropriate law enforcement and regulatory agencies.

ST13.4 The Grantee must, at its own cost, investigate any Fraud referred to in clause ST13.3 in accordance with the Australian Government Investigations Standards available at www.ag.gov.au.

ST13.5 The Commonwealth may, at its discretion, investigate any Fraud in relation to the Activity. The Grantee agrees to co-operate and provide all reasonable assistance at its own cost with any such investigation.

ST13.6 This clause survives the termination or expiry of the Agreement.

## ST14. Prohibited dealings

Not applicable

## ST15. Anti-corruption

ST15.1 In this Agreement:

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**Illegal or Corrupt Practice** means directly or indirectly:

- (a) making or causing to be made, any offer, gift, payment, consideration or benefit of any kind to any party, or
- (b) receiving or seeking to receive, any offer, gift, payment, consideration or benefit of any kind from any party, as an inducement or reward in relation to the performance of the Activity, which would or could be construed as an illegal or corrupt practice.

ST15.2 The Grantee warrants that the Grantee, its officers, employees, contractors, agents and any other individual or entity involved in carrying out the Activity have not, engaged in an Illegal or Corrupt Practice.

ST15.3 The Grantee agrees not to, and to take all reasonable steps to ensure that its officers, employees, contractors, agents and any other individual or entity involved in carrying out the Activity do not:

- (a) engage in an Illegal or Corrupt Practice; or
- (b) engage in any practice that could constitute the offence of bribing a foreign public official contained in section 70.2 of the Criminal Code Act 1995 (Cth).

ST15.4 The Grantee agrees to inform the Commonwealth within five business days if the Grantee becomes aware of any activity as described in ST15.3 in relation to the performance of the Activity.

## ST16. Step-in rights

Not applicable

## ST17. Grant administrator

Not applicable

## ST18. Management Adviser

Not applicable

## ST19. Indemnities

ST19.1 The Grantee indemnifies the Commonwealth, its officers, employees and contractors against any claim, loss or damage arising in connection with the Activity.

ST19.2 The Grantee's obligation to indemnify the Commonwealth will reduce proportionally to the extent any act or omission involving fault on the part of the Commonwealth contributed to the claim, loss or damage.

## ST20. Compliance with Legislation and Policies

ST20.1 In this Agreement:

**Legislation** means a provision of a statute or subordinate legislation of the Commonwealth, or of a State, Territory or local authority.

ST20.2 The Grantee agrees to comply with all Legislation applicable to its performance of this Agreement.

ST20.3 The Grantee agrees, in carrying out its obligations under this Agreement, to comply with any of the Commonwealth's policies as notified, referred or made available by the Commonwealth to the Grantee (including by reference to an internet site).

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ST20.4 In carrying out the Activity, the Grantee must comply with the following applicable policies/laws:

(a) All State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to the Activity including mandatory reporting and working with children checks however described and, if requested, provide the Commonwealth, at the Grantee's cost, with an annual statement of compliance with these requirements in such form as may be specified by the Commonwealth.

## ST21. Work health and safety

ST21.1 The Grantee agrees to ensure that it complies at all times with all applicable work health and safety legislative and regulatory requirements and any additional work health and safety requirements set out in the Grant Details.

ST21.2 If requested by the Commonwealth, the Grantee agrees to provide copies of its work health and safety management plans and processes and such other details of the arrangements it has in place to meet the requirements referred to in clause ST21.1.

ST21.3 When using the Commonwealth's premises or facilities, the Grantee agrees to comply with all reasonable directions and procedures relating to work health and safety and security in effect at those premises or facilities, as notified by the Commonwealth or as might reasonably be inferred from the use to which the premises or facilities are being put.

## ST22. Transition

Not applicable

## ST23. Corporate Governance

ST23.1 In this Agreement:

**Constitution** means (depending on the context):

- (a) a company's, body corporate's or incorporated association's constitution, or equivalent documents, which (where relevant) includes rules and any amendments that are part of the constitution;
- (b) in relation to any other kind of body:
  - (i) the body's charter or memorandum; or
  - (ii) any instrument or law constituting or defining the constitution of the body or governing the activities of the body or its members.

ST23.2 The Grantee warrants that nothing in its constitution conflicts with its obligations under this Agreement.

ST23.3 The Grantee agrees to provide a copy of its constitution to the Commonwealth upon request and inform the Commonwealth whenever there is a change in the Grantee's constitution, structure or management.

## ST24. Counterparts

ST24.1 This Agreement may be executed in any number of counterparts. All counterparts, taken together, constitute one instrument. A Party may execute this Agreement by signing any counterpart.

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# **ST25. Secret and Sacred Indigenous Material**

Not applicable

# **ST26. Australian Industry Participation plan, Executive Summary  
and Implementation Report(s)**

Not applicable

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# Schedule 1: Commonwealth Standard Grant Conditions

## 1. Undertaking the Activity

1.1 The Grantee agrees to undertake the Activity for the purpose of the Grant in accordance with this Agreement.

1.2 The Grantee is fully responsible for the Activity and for ensuring the performance of all its obligations under this Agreement in accordance with all relevant laws. The Grantee will not be relieved of that responsibility because of:

- (a) the grant or withholding of any approval or the exercise or non-exercise of any right by the Commonwealth; or
- (b) any payment to, or withholding of any payment from, the Grantee under this Agreement.

1.3 The Grantee agrees that for the term of this Agreement, the Grantee will continue to meet the eligibility obligations relating to the National Redress Scheme¹ set out under the relevant grant opportunity guidelines to receive the Grant.

## 2. Payment of the Grant

2.1 The Commonwealth agrees to pay the Grant to the Grantee in accordance with the Grant Details.

2.2 Notwithstanding any other provision of this Agreement, the Commonwealth may by notice withhold payment of any amount of the Grant and/or take any other action specified in the Supplementary Terms if it reasonably believes that:

- (a) the Grantee has not complied with this Agreement;
- (b) the Grantee is unlikely to be able to perform the Activity or manage the Grant in accordance with this Agreement; or
- (c) there is a serious concern relating to this Agreement that requires investigation.

2.3 A notice under clause 2.2 will contain the reasons any action taken under clause 2.2 and, where relevant, the steps the Grantee can take to address those reasons.

2.4 The Commonwealth will only be obliged to pay the withheld amount once the Grantee has addressed the reasons contained in a notice under clause 2.2 to the Commonwealth's reasonable satisfaction.

## 3. Acknowledgements

3.1 The Grantee agrees not to make any public announcement, including by social media, in connection with the awarding of the Grant without the Commonwealth's prior written approval.

3.2 The Grantee agrees to acknowledge the Commonwealth's support in all Material, publications and promotional and advertising materials published in connection with this Agreement. The Commonwealth may notify the Grantee of the form of acknowledgement that the Grantee is to use.

¹ The National Redress Scheme can be found at https://www.nationalredress.gov.au

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## 4. Notices

4.1 Each Party agrees to promptly notify the other Party of anything reasonably likely to adversely affect the undertaking of the Activity, management of the Grant or its performance of any of its other requirements under this Agreement.

4.2 A notice given by a Party under this Agreement must be in writing and addressed to the other Party's representative as set out in the Grant Details or as most recently updated by notice given in accordance with this clause.

## 5. Relationship between the Parties

5.1 A Party is not by virtue of this Agreement the employee, agent or partner of the other Party and is not authorised to bind or represent the other Party.

## 6. Subcontracting

6.1 The Grantee is responsible for the performance of its obligations under this Agreement, including in relation to any tasks undertaken by subcontractors.

6.2 The Grantee agrees to make available to the Commonwealth the details of any of its subcontractors engaged to perform any tasks in relation to this Agreement upon request.

## 7. Conflict of interest

7.1 Other than those which have already been disclosed to the Commonwealth, the Grantee warrants that, to the best of its knowledge, at the date of this Agreement, neither it nor its officers have any actual, perceived or potential conflicts of interest in relation to the Activity.

7.2 If during the term of the Agreement, any actual, perceived or potential conflict arises or there is any material change to a previously disclosed conflict of interest, the Grantee agrees to:

- (a) notify the Commonwealth promptly and make full disclosure of all relevant information relating to the conflict; and
- (b) take any steps the Commonwealth reasonably requires to resolve or otherwise deal with that conflict.

## 8. Variation, assignment and waiver

8.1 This Agreement may be varied in writing only, signed by both Parties.

8.2 The Grantee cannot assign its obligations, and agrees not to assign its rights, under this Agreement without the Commonwealth's prior approval.

8.3 The Grantee agrees not to enter into negotiations with any other person for the purposes of entering into an arrangement that will require novation of, or involve any assignment of rights under, this Agreement without first consulting the Commonwealth.

8.4 A waiver by a Party of any of its rights under this Agreement is only effective if it is in a signed written notice to the other Party and then only to the extent specified in that notice.

## 9. Taxes, duties and government charges

9.1 The Grantee agrees to pay all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of this Agreement, except as provided by this Agreement.

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9.2 If Goods and Services Tax (GST) is payable by a supplier on any supply made under this Agreement, the recipient of the supply will pay to the supplier an amount equal to the GST payable on the supply, in addition to and at the same time that the consideration for the supply is to be provided under this Agreement.

9.3 The Parties acknowledge and agree that they each:

- (a) are registered for GST purposes;
- (b) have quoted their Australian Business Number to the other; and
- (c) must notify the other of any changes to the matters covered by this clause.

9.4 The Grantee agrees that the Commonwealth will issue it with a recipient created tax invoice for any taxable supply it makes under this Agreement.

9.5 The Grantee agrees not to issue tax invoices in respect of any taxable supplies.

9.6 If the Grantee is not, or not required to be, registered for GST, then:

- (a) clauses 9.3(a), 9.4 and 9.5 do not apply; and
- (b) the Grantee agrees to notify the Commonwealth in writing within 7 days of becoming registered for GST if during the term of the Agreement it becomes, or is required to become, registered for GST.

## 10. Spending the Grant

10.1 The Grantee agrees to spend the Grant for the purpose of performing the Activity and otherwise in accordance with this Agreement.

10.2 Within 90 days after the Activity Completion Date, the Grantee agrees to provide the Commonwealth with an independently audited financial acquittal report verifying that the Grant has been spent in accordance with this Agreement.

10.3 The reports under clause 10.2 must be audited by:

- (a) a Registered Company Auditor registered under the *Corporations Act 2001* (Cth); or
- (b) a certified Practising Accountant; or
- (c) a member of the Institute of Public Accountants; or
- (d) a member of Chartered Accountants Australia and New Zealand;

who is not a principal member, shareholder, officer or employee of the Grantee or a related body corporate.

## 11. Repayment

11.1 If any amount of the Grant:

- (a) has been spent other than in accordance with this Agreement; or
- (b) is additional to the requirements of the Activity

then the Commonwealth may, by written notice:

- (c) require the Grantee to repay that amount to the Commonwealth;
- (d) require the Grantee to deal with that amount as directed by the Commonwealth; or

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(e) deduct the amount from subsequent payments of the Grant or amounts payable under another agreement between the Grantee and the Commonwealth.

11.2 If the Commonwealth issues a notice under this Agreement requiring the Grantee to repay a Grant amount:

- (a) the Grantee must do so within the time period specified in the notice;
- (b) the Grantee must pay interest on any part of the amount that is outstanding at the end of the time period specified in the notice until the outstanding amount is repaid in full; and
- (c) the Commonwealth may recover the amount and any interest under this Agreement as a debt due to the Commonwealth without further proof of the debt being required.

## 12. Record keeping

12.1 The Grantee agrees to keep financial accounts and other records that:

- (a) detail and document the conduct and management of the Activity;
- (b) identify the receipt and expenditure of the Grant and any Other Contributions separately within the Grantee's accounts and records so that at all times the Grant is identifiable;
- (c) enable all receipts and payments related to the Activity to be identified and reported.

12.2 The Grantee agrees to keep the records for five years after the Activity Completion Date or such other time specified in the Grant Details and provide copies of the records to the Commonwealth upon request.

## 13. Reporting and liaison

13.1 The Grantee agrees to provide the Reporting Material specified in the Grant Details to the Commonwealth.

13.2 In addition to the obligations in clause 13.1, the Grantee agrees to:

- (a) liaise with and provide information to the Commonwealth as reasonably required by the Commonwealth; and
- (b) comply with the Commonwealth's reasonable requests, directions, or monitoring requirements,

in relation to the Activity.

13.3 If the Commonwealth acting reasonably has concerns regarding the performance of the Activity or the management of the Grant, the Commonwealth may by written notice require the Grantee to provide one or more additional reports, containing the information and by the date(s) specified in the notice.

13.4 The Grantee acknowledges that the giving of false or misleading information to the Commonwealth is a serious offence under the *Criminal Code Act 1995* (Cth).

## 14. Privacy

14.1 When dealing with Personal Information in carrying out the Activity, the Grantee agrees:

- (a) to comply with the requirements of the *Privacy Act 1988* (Cth);

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(b) not to do anything which, if done by the Commonwealth, would be a breach of an Australian Privacy Principle;
(c) to ensure that any of the Grantee's subcontractors or personnel who deal with Personal Information for the purposes of this Agreement are aware of the requirements of the Privacy Act 1988 (Cth) and the Grantee's obligations under this clause;
(d) to immediately notify the Commonwealth if the Grantee becomes aware of an actual or possible breach of this clause by the Grantee or any of the Grantee's subcontractors or personnel.

14.2 In carrying out the Activity, the Grantee agrees not to send any Personal Information outside of Australia without the Commonwealth's prior written approval. The Commonwealth may impose any conditions it considers appropriate when giving its approval.

## 15. Confidentiality

15.1 The Parties agree not to disclose each other's confidential information without the other Party's prior written consent unless required or authorised by law or Parliament to disclose.

15.2 The Commonwealth may disclose the Grantee's confidential information where;

(a) the Commonwealth is providing information about the Activity or Grant in accordance with Commonwealth accountability and reporting requirements;
(b) the Commonwealth is disclosing the information to a Minister of the Australian Government, a House or Committee of the Commonwealth Parliament; or
(c) the Commonwealth is disclosing the information to its personnel or another Commonwealth agency where this serves the Commonwealth's legitimate interests.

## 16. Insurance

16.1 The Grantee agrees to maintain adequate insurance for as long as any obligations remain in connection with this Agreement and provide proof of insurance to the Commonwealth upon request.

16.2 The Grantee agrees to provide proof of insurance to the Commonwealth upon request and within the time specified in the request.

## 17. Intellectual property

17.1 Subject to clause 17.2, the Grantee owns the Intellectual Property Rights in Activity Material and Reporting Material.

17.2 This Agreement does not affect the ownership of Intellectual Property Rights in Existing Material.

17.3 The Grantee provides the Commonwealth a permanent, non-exclusive, irrevocable, royalty-free licence to use, modify, communicate, reproduce, publish, adapt and sub-license the Reporting Material for Commonwealth Purposes.

17.4 The licence in clause 17.3 does not apply to Activity Material.

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## 18. Dispute resolution

18.1 The Parties agree not to initiate legal proceedings in relation to a dispute arising under this Agreement unless they have first tried and failed to resolve the dispute by negotiation.

18.2 Unless clause 18.3 applies, the Parties agree to continue to perform their respective obligations under this Agreement when a dispute exists.

18.3 The Parties may agree to suspend performance of the Agreement pending resolution of the dispute.

18.4 Failing settlement by negotiation in accordance with clause 18.1, the Parties may agree to refer the dispute to an independent third person with power to intervene and direct some form of resolution, in which case the Parties will be bound by that resolution. If the Parties do not agree to refer the dispute to an independent third person, either Party may initiate legal proceedings.

18.5 Each Party will bear their own costs in complying with this clause 18, and the Parties will share equally the cost of any third person engaged under clause 18.4.

18.6 The procedure for dispute resolution under this clause does not apply to any action relating to termination, cancellation or urgent interlocutory relief.

## 19. Reduction, Suspension and Termination

### 19.1 Reduction in scope of agreement for fault

19.1.1 If the Grantee does not comply with an obligation under this Agreement and the Commonwealth believes that the non-compliance is incapable of remedy, or if the Grantee has failed to comply with a notice to remedy, the Commonwealth may by written notice reduce the scope of the Agreement.

19.1.2 The Grantee agrees, on receipt of the notice of reduction, to:

- (a) stop or reduce the performance of the Grantee's obligations as specified in the notice;
- (b) take all available steps to minimise loss resulting from the reduction;
- (c) continue performing any part of the Activity or the Agreement not affected by the notice if requested to do so by the Commonwealth;
- (d) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

19.1.3 In the event of reduction under clause 19.1.1, the amount of the Grant will be reduced in proportion to the reduction in the scope of the Agreement.

### 19.2 Suspension

19.2.1 If:

- (a) the Grantee does not comply with an obligation under this Agreement and the Commonwealth believes that the non-compliance is capable of remedy;
- (b) the Commonwealth reasonably believes that the Grantee is unlikely to be able to perform the Activity or manage the Grant in accordance with this Agreement; or
- (c) the Commonwealth reasonably believes that there is a serious concern relating to this Agreement that requires investigation;

the Commonwealth may by written notice:

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(d) immediately suspend the Grantee from further performance of the Agreement (including expenditure of the Grant); and/or
(e) require that the non-compliance or inability be remedied, or the investigation be completed, within the time specified in the notice.

19.2.2 If the Grantee:

(a) remedies the non-compliance or inability specified in the notice to the Commonwealth's reasonable satisfaction, or the Commonwealth reasonably concludes that the concern is unsubstantiated, the Commonwealth may direct the Grantee to recommence performing the Activity; or
(b) fails to remedy the non-compliance or inability within the time specified, or the Commonwealth reasonably concludes that the concern is likely to be substantiated, the Commonwealth may reduce the scope of the Agreement in accordance with clause 19.1 or terminate the Agreement immediately by giving a second notice in accordance with clause 19.3.

19.3 Termination for fault

19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has:

(a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non-compliance is incapable of remedy or where clause 19.2.2(b) applies; or
(b) provided false or misleading statements in relation to the Grant; or
(c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration; or
(d) in addition to clause 19.3.1(a), breached the requirements in subclause 1.3.

19.3.2 The Grantee agrees, on receipt of the notice of termination, to:

(a) stop the performance of the Grantee's obligations;
(b) take all available steps to minimise loss resulting from the termination; and
(c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

20. Cancellation or reduction for convenience

20.1 The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to:

(a) a change in government policy; or
(b) a Change in the Control of the Grantee which the Commonwealth reasonably believes will negatively affect the Grantee's ability to comply with this Agreement.

20.2 On receipt of a notice of reduction or cancellation under this clause, the Grantee agrees to:

(a) stop or reduce the performance of the Grantee's obligations as specified in the notice; and
(b) take all available steps to minimise loss resulting from that reduction or cancellation; and
(c) continue performing any part of the Activity or the Agreement not affected by the notice if requested to do so by the Commonwealth;

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(d) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

20.3 In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to:

- (a) pay any part of the Grant due and owing to the Grantee under this Agreement at the date of the notice; and
- (b) reimburse any reasonable and substantiated expenses the Grantee unavoidably incurs that relate directly and entirely to the reduction in scope or cancellation of the Agreement.

20.4 In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of the Agreement.

20.5 The Commonwealth's liability to pay any amount under this clause is:

- (a) subject to the Grantee's compliance with this Agreement; and
- (b) limited to an amount that when added to all other amounts already paid under the Agreement will not exceed the total amount of the Grant.

20.6 The Grantee will not be entitled to compensation for loss of prospective profits or benefits that would have been conferred on the Grantee but for the cancellation or reduction in scope of the Agreement under clause 20.1.

20.7 The Commonwealth will act reasonably in exercising its rights under this clause.

## 21. Survival

21.1 The following clauses survive termination, cancellation or expiry of this Agreement:

- clause 10 (Spending the Grant);
- clause 11 (Repayment);
- clause 12 (Record keeping);
- clause 13 (Reporting and liaison);
- clause 14 (Privacy);
- clause 15 (Confidentiality);
- clause 16 (Insurance);
- clause 17 (Intellectual property);
- clause 19 (Reduction, Suspension and Termination);
- clause 21 (Survival);
- clause 22 (Definitions);
- ST3 (Intellectual property in Activity Material);
- ST4 (Access/monitoring/inspection);
- ST19 (Indemnities); and
- any other clause which expressly or by implication from its nature is meant to survive.

## 22. Definitions

22.1 In this Agreement, unless the contrary appears:

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- ▪ **Activity** means the activities described in the Grant Details and includes the provisions of the Reporting Material.
- ▪ **Activity Completion Date** means the date or event specified in the Grant Details.
- ▪ **Activity Material** means any Material, other than Reporting Material, created or developed by the Grantee as a result of the Activity and includes any Existing Material that is incorporated in or supplied with the Activity Material.
- ▪ **Agreement** means the Grant Details, Supplementary Terms (if any), the Commonwealth Standard Grant Conditions and any other document referenced or incorporated in the Grant Details.
- ▪ **Agreement End Date** means the date or event specified in the Grant Details.
- ▪ **Australian Privacy Principle** has the same meaning as in the *Privacy Act 1988*.
- ▪ **Change in the Control** means any change in any person(s) who directly exercise effective control over the Grantee.
- ▪ **Commonwealth** means the Commonwealth of Australia as represented by the Commonwealth entity specified in the Agreement and includes, where relevant, its officers, employees, contractors and agents.
- ▪ **Commonwealth Purposes** includes the following:
  - (a) the Commonwealth verifying and assessing grant proposals, including a grant application;
  - (b) the Commonwealth administering, monitoring, reporting on, auditing, publicising and evaluating a grant program or exercising its rights under this Agreement;
  - (c) the Commonwealth preparing, managing, reporting on, auditing and evaluating agreements, including this Agreement; and
  - (d) the Commonwealth developing and publishing policies, programs, guidelines and reports, including Commonwealth annual reports;but in all cases:- (e) excludes the commercialisation (being for-profit use) of the Material by the Commonwealth.
- ▪ **Commonwealth Standard Grant Conditions** means this document.
- ▪ **Existing Material** means Material developed independently of this Agreement that is incorporated in or supplied as part of Reporting Material or Activity Material.
- ▪ **Grant** means the money, or any part of it, payable by the Commonwealth to the Grantee for the Activity as specified in the Grant Details and includes any interest earned by the Grantee on that money once the Grant has been paid to the Grantee.
- ▪ **Grantee** means the legal entity other than the Commonwealth specified in the Agreement and includes, where relevant, its officers, employees, contractors and agents.
- ▪ **Grant Details** means the document titled Grant Details that forms part of this Agreement.
- ▪ **Intellectual Property Rights** means all copyright, patents, registered and unregistered trademarks (including service marks), registered designs, and other rights resulting from intellectual activity (other than moral rights under the *Copyright Act 1968*).
- ▪ **Material** includes documents, equipment, software (including source code and object code versions), goods, information and data stored by any means including all copies and extracts of them.

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- **Party** means the Grantee or the Commonwealth.
- **Personal Information** has the same meaning as in the *Privacy Act 1988*.
- **Records** includes documents, information and data stored by any means and all copies and extracts of the same.
- **Reporting Material** means all Material which the Grantee is required to provide to the Commonwealth for reporting purposes as specified in the Grant Details, and includes any Existing Material that is incorporated in or supplied with the Reporting Material.

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# Signatures

Executed as an agreement:

s 47F

Commonwealth

Signed for and on behalf of the Commonwealth of Australia as represented by the Department of Industry, Science and Resources.

|  Name | Noel Taloni  |
| --- | --- |
|  Position | Acting General Manager Business Grants Hub  |
|  Date | 6 November 2023  |

Grantee

|  Full legal name of the Grantee | COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED ABN: 43008597304  |   |
| --- | --- | --- |
|  Name of Authorised Representative | s 47F |   |
|  Date | 03/11/2023  |   |

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## Schedule 2 Reporting requirements

### Appendix 1

#### Small Business Cyber Wardens - progress report requirements

You will need to provide the following information in your progress reports. The Commonwealth reserves the right to amend or adjust the requirements.

You must complete and submit your report on the business.gov.au portal. You can enter the required information in stages and submit when it is complete.

#### Project progress

a. Complete the following table, updating for all milestones shown in the Activity Schedule of your grant agreement.

|  Milestone | Agreed end date | Actual/ anticipated end date | Current % complete | Progress comments – work undertaken and impact of any delay  |
| --- | --- | --- | --- | --- |
|  |   |   |   |   |
|  |   |   |   |   |
|  |   |   |   |   |
|  |   |   |   |   |

b. Where applicable, describe any project activities completed during the reporting period that are not captured in the table above.
c. Is the overall project proceeding in line with your grant agreement?
If no, identify any changes or anticipated issues. Comment on any impacts on project timing and outcomes and how you expect to manage these.
d. Are there any planned events relating to the project that you are required to notify us about in accordance with your agreement?
If yes, provide details of the event including date, time, purpose of the event and key stakeholders expected to attend.

#### Project outcomes

a. Outline the project outcomes achieved to date.

#### Project expenditure

Provide the following information about your eligible project expenditure. Eligible expenditure is divided into the same categories as the budget in your application.

If you are registered for GST, enter the GST exclusive amount. If you are not registered for GST, enter the GST inclusive amount. We may ask you to provide evidence of costs incurred.

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Refer to the grant opportunity guidelines or contact us if you have any questions about eligible expenditure.

a. What is the eligible expenditure you have incurred in this reporting period?
b. What is the estimated eligible expenditure for the next reporting period?
c. What is the estimated eligible expenditure for remaining reporting periods in current financial year (if applicable)?
d. What is the estimated total eligible expenditure for future financial years?
e. What is the estimated total eligible expenditure for the project?
f. Briefly explain the reason for any changes between the forecast and actual expenditure for the current reporting period, and any significant changes to the forecast budget for the remainder of the project.
g. Is the project expenditure broadly in line with the activity budget in the grant agreement?
If no, explain the reasons.

# Attachments

a. Attach agreed data relating to:
- small businesses engaged and individuals enrolled, certified and re-certified through your program each quarter
- research, awareness and education campaigns conducted throughout the quarter.
b. Attach any agreed evidence required with this report to demonstrate project progress.
c. Attach copies of any published reports and promotional material, relating to the project.

# Declaration

You must ensure an authorised person completes the report and can declare the following:

- The information in this report is accurate, complete and not misleading and that I understand the giving of false or misleading information is a serious offence under the *Criminal Code 1995* (Cth).
- The activities identified in this report are for the purposes stated in the grant agreement.
- I am aware of the grantee's obligations under their grant agreement, including the need to keep the Commonwealth informed of any circumstances that may impact on the objectives, completion and/or outcomes of the agreed project.
- I am aware that the grant agreement empowers the Commonwealth to terminate the grant agreement and to request repayment of funds paid to the grantee where the grantee is...