Mentor program terms and conditions

The following terms and conditions apply to the SafeWork NSW Mentor Program. Please read them carefully.

1.           Applying to participate in the Mentor Program

1.1         To be eligible to participate in the Mentor Program, you must fulfill the following criteria:

1.1.1     Fully complete the Mentor Program application form – failure to do so may result in your application form not being processed, which will prevent you from being eligible for the program;

1.1.2     be the owner, or official representative, of a business operating in NSW;

1.1.3     to be a Mentee, you must be a small business with up to 20 employees, and be matched with a Mentor;

1.1.4     to be a Mentor, you must be an experienced business with appropriate knowledge and skills in workplace health and safety and injury management, and be matched with a Mentee.

1.2         SafeWork NSW reserves the right in its absolute discretion to decline to accept an application to participate in the Mentor Program.  This may include situations in which the applicant, or a related person or organisation, has breached or is under investigation for possible breaches of work health and safety legislation (whether or not a prosecution is pending), or where the acceptance of the application may otherwise be detrimental to the objectives of the SafeWork NSW Mentor Program.

2.           Satisfactory Completion of Mentor Program

2.1         In order to satisfactorily complete the Mentor Program, each Mentor and Mentee must do all of the following:

2.1.1.1  take part in all Mentor Program activities as required by SafeWork for the duration of the Program.  At a minimum this will include attendance at an orientation session, educative webinars and/or workshops, and a closing ceremony.

2.1.1.2  Mentors must attend a minimum of one site visit to the Mentee’s premises to develop an agreed action plan in consultation with the Mentee.  Additional site visits (including visits to the Mentor’s site, or a follow up visit to the Mentee’s site) may be arranged by agreement between the Mentor and Mentee.

2.1.1.3  the Mentor and Mentee must develop a safety action plan within 7 days of the Mentor’s initial site visit to the Mentee’s premises.  Any activities identified in the safety action plan will consider the resource limitations of small businesses, and should not place excessive demands upon the resources of the Mentor or Mentee.

2.1.1.4  the Mentor and Mentee must ensure that a copy of the safety action plan is provided to SafeWork NSW within 7 days of it being developed.

2.1.1.5  provide SafeWork NSW with written progress reports against the safety action plan by the dates requested.

2.1.1.6  act in a professional manner in their dealings within or related to the Mentor Program.

2.1.1.7  alert the program manager promptly via email to mentorprogram.business@safework.nsw.gov.au if any difficulties with the mentoring relationship are experienced.

2.1.1.8  treat all information obtained during the Mentor Program as confidential, and not take commercial advantage of any confidential information gathered during the program, or enable others to do so. Referrals or encouraging the use of consultants is not the intention of the Mentor Program.

2.2         Where a Mentor or Mentee has failed to comply with any part of term 2 above, or anticipates failing to comply with any part of term 2 above, the Mentor or Mentee must notify SafeWork NSW within 14 days of becoming so aware.

2.3         SafeWork NSW reserves the right in its absolute discretion to suspend or terminate any participant’s involvement in the Mentor Program, and to determine whether a Mentor or Mentee have satisfactorily completed the Mentor Program.

3.           Financial assistance

3.1         Where a Mentee completes the Mentor Program, to the satisfaction of SafeWork NSW in its absolute discretion, SafeWork may provide financial assistance to the Mentee to assist them to develop an eligible safety solution.  Details regarding eligibility for and the scope of such assistance will be provided to the mentee during the Mentor Program.

4.           Voluntary participation

4.1         Both Mentors and Mentees participate in the Mentor Program voluntarily. No payment or exchange of products or services is to be made or received by either party.

5.           Withdrawal from program

5.1         Where, due to unforeseen circumstances (for example due to illness or a real or perceived conflict of interest arises) a Mentor or Mentee seeks to withdraw from the Mentor Program, the party that is withdrawing from the program must, within 14 days of the withdrawal, notify SafeWork NSW via email at mentorprogram.business@safework.nsw.gov.au.

6.           Program changes

6.1         SafeWork NSW reserves the right to exercise its discretion to change any or all of the terms and conditions of the program and has the right to suspend further participation in the program for any companies that do not comply with the terms and conditions.

7.           Compliance with Work Health and Safety Laws

7.1         The purpose of the Mentor Program is to provide guidance and assistance to small businesses regarding the implementation and management of work health and safety and injury management issues. Participation in the program does not relieve businesses from their responsibilities to comply with work health and safety legislation.

7.2         The Mentor Program does not endorse or promote any individual safety item, product, business or service, or provide an unfair competitive advantage to any commercial safety item, product, business or service. The program is not to be used as an avenue to solicit business or commercial gain.

7.3         Mentors are required to provide assistance and advice in good faith. No responsibility is assumed for the accuracy of any information or advice given by Mentors, or for any actions taken by Mentees (or their business, undertaking or workers) as a result of such assistance or advice.

8.           Consent to publicise material

8.1         SafeWork NSW may develop communication materials to promote the Mentor Program, to share safety information and experiences, and to showcase participants’ stories and achievements.

8.2         By accepting these terms and conditions, all participants in the Mentor Program:

8.2.1     give permission to SafeWork NSW to publish any images and content obtained by SafeWork NSW during the Mentor Program;

8.2.2     give permission to SafeWork NSW to seek their feedback on the Mentor Program;

8.2.3     give permission to SafeWork NSW to publicise that they have been involved in the Mentor Program;

8.2.4     authorise SafeWork NSW to use photographs, video or sound recordings taken of themselves, their employees, and/or their work and workplace for the purpose of any SafeWork NSW communication materials, whether in whole or in part.

8.3         If you wish to contact SafeWork NSW regarding your consent, you must do so in writing to SafeWork NSW via email to mentorprogram.business@safework.nsw.gov.au.  SafeWork NSW will give due consideration and respond to all consent inquiries, pending program requirements and constraints, including the status of printed and distributed materials at that time.

9.           Liability

9.1         The applicant acknowledges and agrees that as far as the law permits, SafeWork NSW (and its successors) accepts no liability in respect to any claim, cause of action or loss or damage arising out of, or in relation to, any advice or action taken that is the subject of this program.

9.2         The applicant agrees that they release SafeWork NSW from any claim or liability arising out of, or in relation to the Mentor Program, to the extent that the claim or liability is not caused by SafeWork NSW’s negligence or breach of this mentoring arrangement or any other term implied by law.

10.         Privacy Notice

10.1       SafeWork NSW collects and manages the personal information you provide in accordance with the Privacy and Personal Information Protection Act 1998.  SafeWork NSW collects and uses this information to determine whether your application is eligible for the Mentor Program, to provide your contact details to proposed mentors and mentees so that they may communicate with and assist you, to provide our services to you, to improve the quality of our services, and to provide you with information about other services we offer. SafeWork NSW may disclose your personal information to a third party for the purpose of conducting surveys or evaluation activities about SafeWork NSW products and programs, processing of financial assistance for mentees, and designing, developing and distributing communication materials.

10.2       You have the right to access and correct any of your personal information at any time, once we have collected it. To access or amend your personal information relating to your Mentor Program application, applications should be made in writing to the Privacy Contact Officer, SafeWork NSW Head Office, Locked Bag 2906, Lisarow, NSW 2252. Further information on our privacy policy is available at safework.nsw.gov.au.

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contact@safework.nsw.gov.au
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