Terms of Participation – Grants Funding Programs

Last updated: 30 September 2025
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You must read these Terms before filling out an application for any of Sustainability Victoria’s grant funding programs as they contain useful information that will assist you if you choose to apply for grant funding from Sustainability Victoria.

These Terms of Participation are provided to all potential applicants for any of Sustainability Victoria’s grant funding programs.

These Terms are to be read together with the:

  • Fund Overview guidelines (fund guidelines) - which provide the details of the specific grant program, the objectives, assessment process etc. These can be found on our grants and funding web page
  • Application - which sets out details, questions and information we require to be able to assess your application for grant funding and is accessed through the SmartyGrants website (link found in the details of the Fund Overview)
  • Frequently asked questions (which provides additional information answering those most commonly asked questions that we receive from applicants).

Eligibility

You must satisfy the eligibility criteria set out in the fund guidelines. The criteria are not negotiable, and any applications not satisfying the criteria will not be accepted.

All funding opportunities are intended to benefit and help shape Victoria’s circular economy.

Representations and warranties

We do not make any representations or provide any undertakings to you in these Terms or during the application process other than to invite you to submit an application form together with any supporting documentation through the SmartyGrants website.

We take great care to ensure that all details provided to you are correct and current at the time of publishing, however we are not liable for any error or omission or any inaccurate or misleading information provided by us during the grant funding program’s application process. We may also need to vary, update or correct any information or details of the grant. If we do, and you have made an application, we will advise you and give you the opportunity to amend your submission.

The information in these Terms has been compiled by us for the purpose of inviting applications for grant funding opportunities and must not be relied on for any other purpose.

These Terms and the fund guidelines may not contain all the information that you may need. You must form your own view as to what information you need, and what information is relevant to you. You must make your own independent investigations and enquiries in order to determine whether to apply or not and how you complete the application process.

Confidentiality and privacy

Your application will contain Confidential Information. We must keep your Confidential Information confidential and not disclose it or permit it to be disclosed to any person, unless and only in the event that:

a) we disclose any Confidential Information with your prior written consent;
b) disclosure is required to comply with the Victorian Government’s Contract Publishing System;
c) if and when disclosure is required by any persons to assess your application and conduct the application process;
d) it is a requirement of the Auditor-General (appointed under section 94A of the Constitution Act 1975 (Vic)) or any Ombudsman (appointed under the Ombudsman Act 1973 (Vic));
e) we are required to comply with any law, including the Freedom of Information Act 1982 (Vic);
f) disclosure is to any Minister or Ministers (whether State, Territory or Federal), 'Victorian Government department' (as defined in the Financial Management Act 1994 (Vic)), 'Government Owned Entity' (as defined in the State Owned Enterprises Act 1992 (Vic)), 'Administrative Office' (as defined in the Public Administration Act 2004 (Vic)), 'Council' (as defined in Local Government Act 1989 (Vic)), and any entity which receives funding from any of the entities listed in this clause or any entity under the control of any of the entities listed in this clause (Public Entities);
g) we must satisfy the requirements of parliamentary accountability;
h) Independent Broad-based Anti-corruption Commission (IBAC), the Office of Victorian Information Commissioner (OVIC), or Australian Competition and Consumer Commission (ACCC) or other such statutory authority empowered with the function to request information from SV;
i) to satisfy SV’s public accountability or transparency obligations.

Any personal information which SV collects as part of the application process will be handled in accordance with the Privacy and Data Protection Act 2014 (Vic) and our privacy policy.

Ownership

All documents submitted by you in connection with the application process become the property of SV on receipt.

Intellectual Property

We do not seek any ownership rights in the intellectual property owned or developed by you during the application process. If your application is successful, we may require various rights to the intellectual property developed under any project you complete with fund money. You need to check the information we provide to you to ensure that you understand how intellectual property is treated under any grant funding arrangement.

Communications

You must not make any public statements or communications, or publish any media releases, in relation to this application process without our consent. We will require a copy of the statement, communication or media release in order to assess any suitability for public or private distribution.

If you are a successful applicant you will need to acknowledge the support of SV, the Victorian Government and the program in all Project communications, which must be approved by SV prior to public release.

Conflict of interest and collusion

You must declare if you have, or if you know of any person in your organisation who has, any conflict of interest that may arise in connection with this grant funding program. This may include business, social or personal relationship or dealings with any staff member of SV or the subject matter of the proposed grant. Conflicts of interest may be actual, potential or perceived.

If you are in doubt as to whether you have a conflict of interest situation, please let us know as we can work with you to determine whether there is an issue or not.

Where a conflict of interest arises, it must be assessed and resolved in favour of the public interest and to SV's satisfaction in order to ensure high levels of integrity and the public’s trust in the Victorian public sector. If a conflict of interest cannot be resolved or mitigated to SV's satisfaction, SV may exclude you from applying for funding or withdraw your application in our absolute discretion.

As part of the application process, we ask each applicant to warrant and agree that they are in all respects independent and that no collusion has taken place or will take place between the applicant and any other applicant or entity in connection with the grant funding process, the grant funding program or the Project.

Gifts, benefits and hospitality

All participants in this grant funding process, including SV, prospective applicants and their staff, have a duty to conduct themselves in accordance with the highest standards of integrity, impartiality and accountability.

You must not offer any gift, benefit or hospitality to any board members, employees, agents, contractors or service providers of SV or the State during the grant process.

In addition to any other remedies available to it under law or contract, SV may, in its absolute discretion, immediately disqualify an applicant that it believes has offered a gift, benefit or hospitality to any SV board member, employee, agent, contractor or service provider which may give rise to an actual, potential or perceived conflict of interest, may adversely affect their standing as a public official or which may bring SV or the public sector into disrepute in connection with this grant funding process.

Application – Grant Funding Process

You must ensure your application form (including attachments) contains the documents, information and details required. We may require additional documents and will give you a reasonable time period to produce this documentation.

We may terminate the application process or the grant funding program, alter the grant funding process or the scope of the program or extend the closing time of the program in our absolute discretion.

SV does not bind itself, and each applicant agrees that SV is not bound to accept any application for funding under the grant funding program. This includes applications assessed as ineligible by us or applications submitted under the wrong program.

We may, in our absolute discretion, require or allow you to amend, alter or otherwise change your funding application at any time during the application process, but we are not obliged to.

Our decision to accept an application and to assess and award grant monies under the program is final and at our complete discretion.

For the avoidance of doubt, references to the grant funding process in these Terms means the process carried out by you and SV and includes applying, completing the application, lodgment, assessment, selecting and notifying each successful applicant, dealing with a probity issue or any complaint and concludes upon the execution of a Funding Agreement by successful applicants.

No legal relationship

No contract for the provision of funding is formed between SV and any person during the grant funding process.

A legally binding contractual relationship for provision of funding will only arise when the successful applicant and SV enter into a Funding Agreement. The terms of the Funding Agreement will be made available to you as part of the grant funding guidelines.

Social Procurement Framework

This is a Victorian Government Policy that may apply to the grant funding program. Details will be provided in the grant funding guidelines. View details on the Buying for Victoria website.

The Local Job First Policy (LJF)

The Victorian Government is committed to providing opportunities for local small and medium enterprises (SMEs), including projects that are supported through government grants.

The Local Jobs First Policy (LJF) supports Victorian businesses and workers by ensuring that small and medium size enterprises are given a full and fair opportunity to compete for both large and small government contracts, helping to create job opportunities, including for apprentices, trainees and cadets.

Grant recipients are subject to the LJF where the value of the grant meets the monetary thresholds of:

  • $3 million in metropolitan Melbourne or statewide
  • $1 million in regional Victoria

For more information, view the guidance for grant recipients on the Local Jobs First website.

Fair Jobs Code (FJC)

The Fair Jobs Code (Code) recognises suppliers and businesses that comply with industrial relations and occupational health and safety laws, and promote the following Fair Jobs Code Standards:

  • Compliance with employment, industrial relations and workplace health and safety obligations.
  • Secure employment and job security.
  • Cooperative and constructive relationships between employers, employees and their representatives.
  • Workplace equity and diversity.
  • Supply chain compliance with employment, industrial relations and workplace health and safety.

Grant applicants are subject to the Code where the value of the grant is $500,000 or more (exclusive of GST). Applicants must hold a Fair Jobs Code Pre-Assessment Certificate prior to applying for the grant and submit their Fair Jobs Code Pre-Assessment Certificate Number with their application.

Grant applicants that do not hold a valid Pre-Assessment Certificate may not be considered for the grant. This will be considered by SV on a case by case basis and in accordance with section 4.5 of the FJC Fair Jobs Code.

Grant recipients will be required to submit a Fair Jobs Code Plan, at a date to be determined by SV and no later than 12 months from the signing of the Funding Agreement.

Funding Agreement and implementation of Project

The Funding Agreement will include clauses covering performance, measurement against milestones and objectives, payment arrangements, intellectual property ownership, confidentiality, audit processes, breach of contract, reporting and other relevant matters.

The Funding Agreement must be signed prior to funding being provided.

Grant funds must be spent on the Project as agreed.

Successful applicants must provide insurance details, financial and/or in-kind contributions. Funding payments are paid after the required milestones are met and in agreed time frames as detailed in the Funding Agreement.

No projects will be funded retrospectively nor will funding be granted to projects that have commenced prior to execution of the Funding Agreement.

Successful applicants will be required to provide SV with satisfactory reports as specified in the Funding Agreement.

Please note: If a Project is not carried out or completed as agreed, we may require all or part of the funding money to be repaid to us.

Method of lodgement

You must submit your completed application form (including any attachments) in the manner and by the closing time specified.

Late applications

In order to be fair to all applicants, late applications will only be considered in the certain circumstances.

Requests for approval for a late application can only be considered if you make an application in writing prior to the grant closing date for extenuating circumstances or as soon as possible after the closing date (within 24 hours) if you have experienced technical problems with the submission.

Any request must be made in writing to grants.enquiries@sustainability.vic.gov.au and include the following details (at minimum):

  • Applicant Name:
  • Application Number (if applicable):
  • Grant Program:
  • Closing Time:
  • Late Application Request Time:
  • Reason for late application request:
  • PDF copy of your SmartyGrants application completed to date.

Technical issues

Please note that if your submission is late due to a technical issue, we will provide an additional 15 minutes to submit your application.

Exceptional circumstances

If you are requesting more than 15 minutes to complete your application, you will need to demonstrate exceptional circumstances. Examples of exceptional circumstances that may be considered are:

  • natural disaster (e.g. floods, fire etc.). Severe weather closures may be considered if they occur on the day of the submission deadline
  • a validated disruption of service in a specific area (e.g. widespread power and/or internet service outage)
  • a validated technical issue on the side of SV which prevented applicants from applying by the published deadline (e.g. an internet outage or malfunction)
  • sudden acute severe illness or death.

Examples of reasons that are NOT acceptable are:

  • heavy administrative responsibilities/busy work schedule/insufficient time to complete the application
  • lack of awareness or knowledge of the grant program
  • limited internal resources
  • ongoing or non-severe health problems (e.g. common cold)
  • personal events (e.g. planned leave)
  • multiple extensions have already been granted.

An extension can only be considered if:

  • there is no advantage to the late applicant;
  • the circumstances of the late receipt are exceptional, as above;
  • the integrity of the process is maintained;
  • the merit assessment has not yet commenced; and
  • to do otherwise would comprise the effectiveness of the grant program and be contrary to efficient government.

Each late application for exceptional circumstances will be assessed on its merits in consideration of the above criteria and probity principles. All factors will be weighed to ensure that probity principles are followed. Where there is uncertainty, the decision will be made in favour of fairness to all applicants and the integrity of the grant process. Our decision is final.

Costs

We are not liable for any costs, expenses, losses, claims or damages that may be incurred by you in connection with the application process, execution of the Funding Agreement or participation in the Program, including in preparing or submitting an application form, providing further information to SV or persons engaged by SV, or participating in discussion or negotiations (if any) with SV.

Change in circumstance

You must inform us promptly in writing of any change to any of the information contained in its application form (including attachments), and any material change in circumstances that may affect the truth, completeness or accuracy of any of the information provided in, or in connection with such documentation.

We will require a warranty as to the accuracy of the application documents at the time of execution of the Funding Agreement.

Questions

Any questions or requests for further information or clarification of the grant guidelines, this document or any other document issued in connection with the grant funding process must be submitted to SV in writing, by email to the address specified in the grant guidelines.

Any communication by an applicant to SV will be deemed received on receipt by SV (provided such communication is in the required format).

SV may restrict the period during which it will accept questions or requests for further information or for clarification and reserves the right not to respond to any question or request, irrespective of when such question or request is received.

Except where SV is of the opinion that issues raised apply only to an individual applicant, questions submitted and answers provided will be made available to all potential applicants by posting on the SV website without identifying the person or organisation having submitted the question. In all other cases, SV may deliver any written notification or response to an applicant by leaving or delivering it to the address of the applicant (as notified to SV).

An applicant may, by notifying SV in writing, withdraw a question submitted in accordance with this section (Questions) in circumstances where the applicant does not wish SV to provide its response to the question to all potential applicants.

Clarifications

We may at any time during the grant funding process, request additional information concerning any part of an application and request clarifications of an application.

We reserve the right, in our absolute discretion, to enter into any discussion or written communications with any applicant to seek clarifications and obtain additional information to enable evaluation of an application or negotiate with any applicant without undertaking similar discussions or written communications with any other applicant.

Applicants must provide any additional information within such a reasonable time period specified by us.

We may, in our absolute discretion, exclude an applicant’s additional information/clarification if it has not been provided in the format or within the time period specified by us.

We may contact other clients of applicants or any other relevant person to obtain any additional information.

Financial and regulatory compliance checks

Applicants may be required to undertake an independent third-party financial viability check and must provide financial information requested by SV or its contractor for this purpose. SV may undertake checks with EPA, Victorian WorkCover Authority (WorkSafe) or other regulators about the applicant’s environmental, safety or other regulatory performance.

GST

Project costs disclosed in the application form should be stated as exclusive of any input tax credits to which the applicant is entitled in respect of those costs.

Grants paid may be subject to GST, however this will depend on whether the applicant is registered (or required to be registered) for GST.

For successful applicants who are registered for GST, the amount payable by the Victorian Government will be increased by the amount of GST, provided that the successful applicant provides SV with a valid tax invoice.

Successful applicants who are not registered for GST must provide SV with a tax invoice stating their ABN and confirming no GST is payable on the amount of the grant.

Successful applicants who are not registered for GST should also consider whether the acceptance of the grant will cause them to exceed the registration turnover threshold for GST, in which case they may need to register for GST and obtain their own financial advice.

Governing law

The Guidelines and this document shall be governed by the laws of the State of Victoria.