Sharing of school facilities procedures
Direction and guidance on assessing applications from the community, not-for-profit entities and commercial organisations to use school facilities.
Audience
Principals, their delegates, department staff and community members involved in using school facilities when the school or department does not require them.
Version |
Date | Description of changes | Approved by |
|---|---|---|---|
V03.2.0 |
30/04/2026 |
Updated to strengthen guidance on community use agreements, expression of interest process, clarify requirements for community languages schools, add mandatory documents and update team names, responsibilities and contact details to reflect the current operating structure. |
Executive Director, Land and Property |
| V03.1.0 | 9/03/2026 | Updated content on markets from tender to EOI process. | Director, Community Infrastructure |
| V03.0.3 | 30/10/2025 | Updated to broaden who can approve licenses, to be consistent with the Education Act; replace the Health and Safety Incident Report and Support Hotline phone number with a link to the Incident reporting webpage; update team names, responsibilities and contact details to reflect new operating structure. |
Director, Community Infrastructure |
V03.0.2 |
14/05/2025 |
Updated to reflect policy ownership change. |
Executive Director, Reform and Strategic Programs |
| V03.0.1 | 16/07/2024 | Procedure updated to delete reference to the Finance in Schools Handbook (FISH) and replaced with reference to the Financial management (schools) procedures. | Director, Asset Activations |
| V03.0.0 | 15/03/2024 | Updated under the 2023 Policy and procedure review program, including conversion into the new template, reformatting the document, removing duplicated information and updating contact details. | Executive Director, Asset Activations |
About the policy
These procedures relate to the Sharing of school facilities policy.
Principals:
- may allow shared use of school facilities when:
- it does not interfere with school operations
- the use is in the school community’s best interest
- it does not result in a financial burden on the school or the department
- it does not involve structural works
- must be familiar with all relevant provisions, as described in these procedures, before entering into any community use agreement
- work collaboratively with the local community to address identified needs when using school facilities
- plan, promote and manage shared use of school facilities for the mutual benefit of the school and the community, in line with these procedures
- adopt a risk management approach, which should include a risk assessment before approving community use agreements
- consult with the school’s parents and citizens (P&C) association and school community, where necessary, when considering an application for community use
- sign community use agreements consistent with their delegation
- monitor ongoing compliance with the terms of the agreement
- cannot sign leases, licenses, landowner consents or property agreements
- consult with School Infrastructure, Land and Property, Community Infrastructure, for any shared use arrangement that involves facility upgrades, commercial ventures (such as markets, festivals or fetes organised by the school, or community use by councils) or use that lasts longer than 12 months
- inform Operations Group, Shared Use of Schools about any shared use arrangements that involve outside of school hours care, preschool and long day care, canteens and uniform shops
- inform Early Childhood Outcomes, Local Operations about any share use arrangements that involve preschool and long day care
- should not use licence fees to raise revenue for the school; however, the fees should cover costs associated with using the school’s facilities (cost recovery).
Directors, educational leadership:
- support the effective implementation of these procedures and the Sharing of school facilities policy
- work with the school and community to solve problems about shared school facilities and help to resolve disputes, issues or concerns with community use
- liaise with the Share Our Space team for support with discussions with principals regarding a school’s ongoing participation in the program.
School Infrastructure, Land and Property, Community Infrastructure:
- manages leases and licences (such as joint and shared use agreements, project deeds and markets) and free community use (via Share Our Space) in consultation with Public Schools (school principals and directors, educational leadership) and School Infrastructure stakeholders
- expressions of interest (EOI) process for markets, shared use and joint use partnerships
- shared and joint use lease or licence agreements
- market licence agreements including for festivals or fetes
- landowner consents for development or grant applications relating to shared and joint use agreements
- project deeds for works relating to shared and joint use agreements
- leases and licences for swimming pools owned by the department
- high risk licences (single event or recurring) (for example, Australia Defence Force and NSW Police Force)
- advertising agreements outside of school delegations
- agreements with council on shared use of a playing field, car park or other council amenity
- school participation in the Share Our Space program including promotion, communications, service delivery (security and cleaning), issues management and community engagement.
School Infrastructure, Land and Property, Property Operations:
- manages property matters such as
- requests for landowner consent (except for those related to shared and joint use agreements)
- restriction on use of land, covenants, easements, rights of way and any other changes to title
- road closures
- department leasing or licencing of swimming pools owned by third parties
- exclusive use leases or licences for commercial purpose
- agreements with TAFE, hospital schools, universities or corporate organisations
- access and works licences, access and crane licences
- telecommunications
- environmental education centres
- residential tenancies
- Australian Electoral Commission activities.
Operations Group, Shared Use of Schools:
- manages the following services for canteens, uniform shops, out of school hours care, services
- establishes licence agreements
- procurement
- contract management
- deed of variations
- deed of novation
- licence breach notices
- licence termination notices.
Early Childhood Outcomes, Local Operations:
- manages, leases and licences for preschools, multi- services, mobile preschools and long day care services.
Community users:
- must not access schools without the appropriate signed agreement (excluding visitors of authorised users)
- consult with the principal about marketing their services at a school site.
Parents and citizens associations:
- must enter into an appropriate agreement or arrangement with the principal to use school facilities (refer to section 1.2 Parents and citizens association activities for guidance).
What needs to be done
The NSW Department of Education encourages community members to use school facilities for appropriate purposes when the school or the department does not require them.
These procedures involve 3 main components:
- determining the type of activity
- using the appropriate agreement type
- ensuring compliance with mandatory requirements for using school facilities.
These components are interconnected, so principals must be familiar with all relevant provisions before entering into any agreement for using school facilities.
Principals are not authorised to sign leases, licenses, landowner consents, property or title agreements.
How to use these procedures:
- decide on the activity that will share school facilities (refer to section 1. Decide on the activity and agreement)
- follow the steps, which also include the agreement type and how to implement it
- refer to section 3. Comply with the mandatory requirements for using school facilities.
The community use, licence and lease agreements are outlined in more detail in section 2. Find information on agreements types and processes.
Tables 1 and 2 below summarise shared use activities, the necessary agreements, and the parties responsible for their implementation.
Types of activities and agreements
Examples of the shared use of school facilities
Table 1 outlines common activity types, users and the type of agreement required. To use school facilities, external parties must follow the rules outlined in section 3. Comply with the mandatory requirements for using school facilities.
Table 1 Shared use of school facilities – examples
| Use | User type | Written agreement required |
|---|---|---|
General community use (one-off event or regular booking for up to 12 months) Examples:
|
Individual Community group Not-for-profit organisation Commercial operator P&C association |
Community use agreement |
Parents and citizens (P&C) association meetings and advertising events |
P&C association |
With principal approval, no formal agreement or fees are required |
Advertising on the school perimeter |
Not-for-profit organisation Commercial operator |
Advertising agreement |
School canteens |
School P&C association Commercial operator |
Licence, if operated by the P&C association or a commercial operator |
Community languages schools |
Community group Community languages school |
Community use agreement |
Voting centre or polling station for federal, state or local government electoral events |
State or federal electoral commission |
Electoral commission agreement |
Joint or shared use of a school asset |
Local government Other government organisation Private organisation |
Licence, project deed required for joint use construction projects |
Markets |
P&C association Not-for-profit operator Commercial operator |
Community use agreement for P&C operated markets, licence for all others |
Installation of mobile telecommunications facilities |
Commercial operator |
Lease |
Other commercial activities and/or use for a period of greater than 12 months |
Commercial operator Not-for-profit operator Local government |
Lease or licence |
Outside of school hours care, preschool, long day care |
P&C association Not-for-profit operator Commercial operator |
Licence |
Share Our Space (free community access to a school’s outdoor recreation areas) |
Community member |
Not required |
Share Our Space (activity provision) |
External provider |
Share Our Space licence (including schedule of activities) |
School uniform shops |
School P&C association Commercial operator |
|
Externally funded service providers |
School External provider |
External provider engagement agreement |
Ad hoc one-off school organised event involving external stallholders (school fete, anniversary, market) |
School |
Market stallholder agreement |
Outline of key responsibilities
Table 2 outlines the agreement types and key responsibilities.
Table 2 Agreement types and key responsibilities
| Type of agreement | Principal | State office |
|---|---|---|
Advertising agreement |
|
School Infrastructure, Land and Property, Community Infrastructure:
|
Canteens |
|
Operations Group, Shared Use of Schools:
EDConnect: enters billing requirements into SAP. |
Community Use Agreement |
|
School Infrastructure Community Infrastructure:
EDConnect:
|
Licence or lease (other than joint or shared use, early childhood, canteens or uniforms) |
|
School Infrastructure, Property Operations:
|
Joint and shared use licence |
|
School Infrastructure, Community Infrastructure:
EDConnect: enters billing requirements into SAP. |
Early childhood education and care – long day care, community preschools, multi services and mobile preschools |
|
Early Childhood Outcomes, Local Operations:
Operations Group, Shared Use of Schools:
EDConnect:
|
Early childhood services – outside of school hours care (OOSH) |
|
Operations Group, Shared Use of Schools:
EDConnect:
|
Mobile telecommunications facilities |
|
School Infrastructure Asset Management:
School Infrastructure, Property Operations:
EDConnect:
|
Share Our Space |
Note: the program team can support the directors, educational leadership’s discussions with principals. |
School Infrastructure, Community Infrastructure is responsible for program delivery, including:
|
Uniforms |
|
Operations Group, Shared Use of Schools:
EDConnect:
|
External provider engagement agreement |
|
|
1. Decide on the activity and agreement
1.1 Community use of school facilities
Community can use or hire school facilities for 12 months or less by entering into a community use agreement directly with a school. The hire could be for a single or multiple uses within a 12-month period. An example includes an individual or a group renting a school hall or classroom for dance or karate classes.
A community use agreement is required for these activities. For steps in preparing a community use agreement, refer to section 2.1 Community use agreements.
Refer to section 2.2 Licence or lease agreements for more details on the appropriate agreement type for activities longer than 12 months.
For general community use advice, email cua@det.nsw.edu.au.
1.2 Parents and citizens association activities
The department values the relationship between schools and their parents and citizens (P&C) associations and supports P&C use of school facilities.
A P&C association is a separate entity to the school.
No formal agreement is required for:
- meetings
- advertising school community events.
The role of the principal in these situations is to:
- support the P&C association to hold meetings on school premises. These meetings are held free of charge and without a formal agreement
- ensure that the P&C complies with any obligations under the Child Protection Legislation and is aware of any obligations under the Child Safe Standards.
For activities when children or young people are present, the principal and P&C association must sign the Child Protection Declaration for Community Use Agreements (PDF 643 KB). For further information, refer to section 3.3 Child protection.
The Federation of P&C Associations of NSW provides advice regarding the use of school facilities by P&C associations.
A formal agreement may be required for other school P&C organised activities. The nature of the proposed activity will determine the type of agreement required. A single agreement between the school P&C association and the school for an unspecified range of activities and duration is insufficient.
Refer to Table 1 Shared use of school facilities – examples.
1.3 Advertising on the school perimeter
Schools may permit an external party to place advertising on an outward facing part of the school perimeter for a fee paid to the school. Schools must have an advertising agreement for any outward facing advertising.
Advertising is not permitted:
- on school digital signboards
- inside the perimeter fence, including classrooms
- to target students.
School community activities, including P&C school fundraising activities and events, do not require advertising agreements. However, schools should ensure that all signage placed on a school perimeter complies with any relevant department policy, council or legal regulations.
This process is used for external parties advertising a product or service on an outward-facing part of the school perimeter.
For proposed advertising value up to $10,000 (excluding GST), the principal:
- confirms that the advertiser meets the obligations listed in the advertising agreement
- prepares and signs the Advertising on School Perimeters Agreement template (PDF 307 KB)
- should contact School Infrastructure, Community Infrastructure
- should refer to the following detailed information:
For proposed advertising value greater than $10,000 (excluding GST), School Infrastructure, Community Infrastructure prepares and approves advertising agreements.
External parties advertising on school grounds:
- ensure compliance with department requirements
- obtain and maintain council permissions for advertising signage compliance.
1.4 Canteens
Selecting the correct agreement for operating a canteen at school depends on the situations outlined below:
- the school (no licence is required)
- a private operator (licence is required)
- not-for-profit organisation (licence is required)
- the school parents and citizens (P&C) association (licence is required).
School operated canteens and P&C association run canteens are required to provide first option to establish and run the canteen facilities. If a not-for-profit organisation or a private operator is to run the canteen, a tender is required before establishing a new service or at the end of the licence period.
The principal must:
- refer the request to Operations Group, Shared Use of Schools via email canteens.licencing@det.nsw.edu.au.
Operations Group, Shared Use of Schools:
- is responsible for tendering, preparing and executing leases and licences
- will establish the licence fees for the canteen service based on the current Canteen Licence Fee Schedule
- will request a fixed fee security deposit from the provider based on the number of children at the school. This will be lodged with the Rental Bond Board
- can assist with operating a canteen and advise on any issues that may arise with the conduct of the canteen, such as breaches of agreement, tender process, or licence issues
- provides contract management support to schools with commercial licence agreements.
Providers tendering to operate a canteen can propose fees as part of their tender. The license fee may be amended to suit local circumstances. Amendments to license fees must be approved consistently with Edam 4.1 in Delegations of Authority under the Education Act 1990 (staff only) (PDF 427 KB).
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
1.5 Community languages schools
Community languages school operators may ask a principal to use the school facilities.
The principal must first contact the NSW Community Languages Schools Program unit to determine if the community languages school is approved to receive grant funding.
Community languages schools funded by the unit can use school facilities and classrooms to run their school language program free of charge during school terms for up to 3 years.
Other non-teaching and learning activities, such as presentation nights and cultural activities, or use outside of school terms will need a separate agreement with appropriate fees applied.
If a community languages school is not approved to receive grant funding for the relevant calendar year, the school may set hire charges as appropriate.
For further information, community language school operators can refer to Community languages schools.
Where free use is approved, the principal:
- must prepare the community use agreement via the Digital Community Use Agreement (staff only), which includes access to free basic furniture such as chairs, tables, writing boards and whiteboards, as well as access to toilet facilities, power and water
- records the fee payable as ‘Nil’ on the signed agreement
- must determine whether a separate agreement and additional fees may be applied in the following situations
- non-teaching or learning activities run by a community languages school, such as presentation nights and cultural activities (these will require a separate agreement)
- access to additional space for storage or using additional equipment, which is not included in the free use of facilities
- the principal and the community languages school operators must both sign the agreement.
For more details about community use agreements, refer to section 2.1 Community use agreements.
1.6 Electoral events
NSW public schools may be used for federal, state or local government electoral events. A state or federal electoral commission or a private electoral services provider may contact the school to secure a venue for an election.
Electoral authorities have an overriding entitlement to use school facilities for electoral events, as detailed in Table 6 in section 3.12 Priority of users.
The department has negotiated memoranda of understanding with the NSW Electoral Commission (NSWEC) and the Australian Electoral Commission (AEC) to use schools as polling places. This includes:
- an agreed schedule of fees schools will charge to defray the costs of using school facilities as polling places, including hire, telephone usage, lighting, heating, cooling, toilets, water, tea and coffee facilities, access to security alarms, tables and chairs, cleaning and trade waste removal and car parking
- disposing of NSWEC’s and AEC’s recycling materials after election day
- NSWEC and AEC need to return the premises in a clean and tidy condition, similar to the condition it was in prior to the election day
- the fees are purely a cost recovery model.
Schools should confirm these arrangements with their electoral commission officers.
In preparation for polling, an electoral commission officer:
- may inspect the proposed polling venues
- will provide schools with an agreement for using their premises
- will confirm the details of specific local arrangements.
Hire rates and the terms and conditions are available from the Use of school facilities for electoral events (staff only).
Where a private electoral services provider wishes to use school facilities, school staff should contact property@det.nsw.edu.au for advice.
1.7 Joint and shared use agreements
A joint use agreement is when the department and other parties agree to invest significantly in constructing, upgrading or maintaining facilities. Usually, the asset is shared between the school and the other parties over the asset's lifetime. The duration of a joint use agreement takes into consideration the level of investment from the external party and is determined by Community Infrastructure.
For example, a council and the department jointly invest in a new synthetic oval and change rooms on school grounds. The oval is licenced to the council for after-hours access but is used by the school during school hours.
A shared use agreement is when the department agrees to share existing facilities with little or no investment to infrastructure from external parties outside of school hours, in exchange for a licence fee.
For example, a sporting organisation licences an existing school indoor sports court outside of school hours, for training and competitions. The licence would be for a period of no longer than 12 months.
The department encourages mutually beneficial shared use arrangements between schools, government agencies, local government and private organisations, provided they do not interfere with the daily operation of schools and their safety or alter the intended purpose of the school’s structure or layout. These projects must place the school’s needs above those of the proposed user.
A principal who has received a proposal for a joint or shared agreement must refer the proposal to School Infrastructure, Community Infrastructure in the first instance.
School Infrastructure may also initiate joint or shared agreements in consultation with the principal.
Principals:
- must refer all joint or shared use request to School Infrastructure, Community Infrastructure for consideration
- are responsible for managing the facilities according to the joint or shared use agreement and for advising School Infrastructure, Community Infrastructure of any issues relating to implementing the agreement.
School Infrastructure, Community Infrastructure must:
- evaluate the proposal and run an expression of interest (EOI)
- develop a letter of outcome making an offer to the successful proponent(s) selected during the EOI, summarising the terms and conditions for the joint or shared use agreement
- complete a project deed (for joint use) that progresses the letter of outcome to a formal legal agreement
- draft a licence for joint or shared use to commence on completion of any works
- prepare and execute the project deed as well as the subsequent licence
- manage the licence operation.
School Infrastructure, Community Infrastructure and the other parties negotiate and sign a joint or shared use agreement, which outlines the responsibilities of all parties in relation to (but not limited to):
- management structures
- financial arrangements
- legal matters (including legislative obligations)
- maintenance obligations
- design and construction consideration.
Contact School Infrastructure, Community Infrastructure via community.infrastructure@det.nsw.edu.au.
The Minister’s delegate can sign joint or shared use agreements such as project deeds, leases and licences.
1.8 Expression of interest
1.8.1 Joint and shared use agreements
The expression of interest (EOI) process enables third parties to propose and potentially enter into joint or shared use agreements for school facilities (refer above to section 1.7 Joint and shared use agreements).
The EOI is a structured way for various entities – private organisations, councils, not-for-profits and sporting associations – to express their interest in using existing school facilities. This includes improving existing facilities and developing new facilities on school grounds under joint use arrangements.
An EOI process for shared use agreements may identify more than one organisation as being suitable to enter a licence for sharing of space, with the EOI process determining the number of organisations and level of usage permitted to enable sharing of the facilities.
The EOI process allows organisation to:
- submit formal proposals for using and/or developing school facilities
- demonstrate their capability, financial capacity and long-term commitment
- participate in a transparent and fair selection process
- potentially gain access to school infrastructure for long-term use, under a licence agreement, outside of school hours.
- Initial submission: interested parties submit a community partnership proposal through School Infrastructure’s webform (refer to Community Partnership Proposal).
- Department assessment: the department conducts a preliminary assessment to determine whether the proposal meets certain criteria, including addressing infrastructure needs, appropriate use of educational land, financial capacity and maintenance commitments.
- EOI publication: where the initial assessment is successful, the proposal is publicly advertised to the market to invite completing expressions of interest. The EOI is published on the School Infrastructure website for a minimum of 21 days. This allows other potential third-party partners to express interest in accessing department land for commercial purposes.
- Department evaluation and outcome: submissions are evaluated against the requirements outlined in the EOI application pact to determine value, capability and alignment with the opportunity. Viable applications are subject to financial and commercial assessment, to identify a preferred proponent. Formal agreements are then entered into with the preferred proponent to enable either delivery of capital works and/or licenced use of the school facilities.
1.8.2 Early childhood services – outside of school hours care
The EOI process enables Operations Group, Shared Use of Schools to identify market capability and interest for the provision of outside of school hours (OOSH) services in schools. The results of the EOI will inform the most suitable next procurement approach (selective or limiter tender) based on the number, quality and competitiveness of the responses received.
The EOI process involves the following steps:
- confirm the need for an EOI
- publish the EOI
- assess responses to determine market capability, interest and competitiveness
- decide on the next approach (selective or limited tender) informed by the EOI outcomes
- seek internal approvals and proceed with the endorsed procurement pathway.
1.8.3 Early childhood services – preschools, long day cares, mobile preschools and multi-services
The EOI process enables Early Childhood Outcomes, Local Operations to identify market capability and interest for the provision of preschools, long day cares, mobile preschools and multi-services on school sites, particularly for regional, rural and remote areas. The EOI will inform the most suitable next procurement approach (selective or limited tender) based on the number, quantity and competitiveness of the responses received.
The EOI process involves the following steps:
- confirm the need for an EOI
- publish the EOI
- assess responses to determine market capability, interest and competitiveness
- decide on the next approach (selective or limited tender) informed by the EOI outcomes
- seek internal approvals and proceed with the endorsed procurement pathway.
1.9 Markets
There are a few situations when markets can be operated on school grounds.
Commercial markets run by third-party operator:
- Market operators must go through an expression of interest (EOI) process. Third parties wishing to operate markets on a school site must complete the Markets on School Sites Proposal form via Markets.
- For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
Markets run by parents and citizens (P&C) association:
- The parents and citizens (P&C) association will require a community use agreement with the school using the Digital Community Use Agreement (staff only) when the P&C operate a market on a school site. They are not required to go through an EOI process.
- For more details about community use agreements, refer to section 2.1 Community use agreements.
School-led events involving market stallholders such as school anniversaries or special events:
- The school is required to enter into an agreement directly with stallholders using the Market stallholder agreement.
- To request this form, contact community.infrastructure@det.nsw.edu.au.
When an EOI is required, School Infrastructure, Community Infrastructure must:
- conduct an open EOI process, to select the market operator
- prepare and approve the licence agreement between the department and the market operator. The licence fee will be determined from the EOI results.
Licence terms are typically 3 to 5 years. Operators can submit a new community partnership proposal for the next licence term.
The licensed market operator must obtain and maintain all necessary council and regulatory approvals before commencing the markets.
Vendors wishing to trade at the markets should negotiate directly with the market operator.
1.10 Mobile telecommunications facilities
Mobile telecommunications carriers may seek to install mobile telecommunication facilities on or near a school site.
The department does not have the authority to decide on the location, installation or upgrade of a mobile telecommunication facility.
School rights under the industry code
Mobile telecommunication authorities assess several factors when selecting sites for mobile towers and other facilities. Telecommunications carriers must comply with the Industry Code for Mobile Phone Base Station Deployment, which has several sections relevant to installing new, or upgrading existing, facilities on or near school sites.
When selecting a site for a telecommunications facility, carriers must consider if the location is a 'community sensitive location', which includes schools and childcare centres. If possible, carriers should avoid such areas.
Carriers must include an assessment of the following service objectives:
- the area the planned service must cover
- power levels needed to provide quality service
- the amount of usage the planned service must handle.
In some cases, these assessments will determine that a location on or near school grounds and childcare centres is the only feasible location to provide quality telecommunication services to the community.
If the carrier notifies a school, the principal must:
- consult the director, educational leadership before responding to any enquiries
- refer the matter to their local Asset Management Regional Office immediately to address any licence or lease issues with the carrier.
Affected or interested parties
Carriers must identify and inform ‘affected or interested parties’ of proposed works and ensure the proposal meets their needs and expectations where reasonable (section 6 of the industry code).
Affected or interested parties include:
- a school that is on or near the proposed site
- the school’s parents and citizens (P&C) association
- nearby preschools, childcare centres and schools
- resident groups
- residents in adjacent council areas but living near a site impacted by the proposal.
The carrier must engage with affected or interested parties regarding the proposed facility's site or upgrade and provide them with a specific timeframe to submit their comments.
Submitting mobile communications facility development applications – P&C associations, childcare centres and/or schools can submit responses directly to carriers or local councils. These responses may represent the community.
Actions for school principals
During the consultation period, the principal may:
- respond directly to the carrier
- submit a response to the local council through the development application process
- support the P&C association or local school community to respond directly to the carrier or to the council as part of the development application process.
Principals should contact their local asset services officer for further information or sample materials if they wish to engage directly with the carrier or the local council.
1.11 Commercial activities or when usage exceeds 12 months
School facilities may be used for periods of 12 months or more. Usage may include hiring ovals to sporting organisations, arranging for a local government to manage use of a school facility, providing access to a school’s catering or accommodation facilities or enabling an allied health provider to provide services at a school site.
The principal will decide if the proposed use is suitable for further consideration, and if so, refer the request to School Infrastructure, Community Infrastructure via community.infrastructure@det.nsw.edu.au.
School Infrastructure is responsible for preparing the EOI and approving leases and licences. Unless specific approval to the contrary is obtained, lease and licence fees are paid to the department.
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
1.12 Outside of school hours care
School facilities may be used for outside of school hours care (OOSH). This includes before school, after school and vacation care.
To establish these services, the principal must:
- contact and provide required information to Operations Group, Shared Use of Schools email OOSH.licencing@det.nsw.edu.au
- speak with the parents and citizens (P&C) association to confirm whether there is interest from the P&C association in establishing an OOSH service
- participate in the procurement process as a member of the evaluation panel or nominate a faculty member to represent the school as part of the evaluation
- identify a parent representative to participate in the procurement process as a member of the evaluation panel.
Operations Group, Shared Use of Schools:
- advise and assist the principal in discussions between the school community and prospective service providers
- assess the viability for a service*
- establish a service and participate in the procurement process
- establish a licence agreement with the successful provider
- provide the school and OOSH operator with contract management support and performance reviews
- provide data management for licence agreements and operating services.
The provider will meet any costs incurred in establishing the service, including legal, valuation, and regulatory approval.
*A viable OOSH service for a third- party provider to successfully operate must contain an average attendance of 30 students per session.
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
To become a provider of early childhood education services, the provider must:
- enter into a licence agreement with the department (refer to section 2.2 Licence and lease agreements)
- apply for a service provider approval (refer to Service providers > Service approval)
- comply with all requirements under the national law and the OOSH licence agreement terms and conditions to obtain the service approval.
The licence agreement gives the provider the right to occupy the site on which the service will be provided. Service approval gives the provider permission to operate the service on the school site.
Operations Group, Shared Use of Schools will determine the licence fee for each provider category based on standard cost recovery formulae. This calculation is based on the average enrolment numbers of the service and may be reviewed by the department during the licence term.
Licence fees are not to be used to raise revenue for the school; however, they should cover costs associated with using the school’s facilities.
The licence fee may be amended to suit local circumstances. Amendments to licence fees must be approved consistently with Edam 4.1 in Delegations of Authority under the Education Act 1990 (staff only) (PDF 427 KB).
The department recognises 3 categories of early childhood education and care providers. Table 3 summarises the tender requirements for these categories.
Category A providers include services run by the school parents and citizens (P&C) association (identified through their Australian Business Number [ABN]). This also includes local government providers.
Category A providers are the preferred providers of outside of school hours care (OOSH) services and are not required to tender as a new service provider.
If the school and community are satisfied with the existing service provider at the end of a licence term and wish to continue with the current arrangements, a Category A provider can enter into a new licence agreement without conducting a tender.
Councils include services owned and operated by council under a council provider number.
Council services are not required to tender for appointment as a new service provider and can enter into a new licence agreement under the Local Government Procurement Memorandum.
Category B providers include not-for-profit organisations.
Category B providers are required to tender for appointment as a new service provider and for any new licence at the end of an existing agreement.
Category C providers include for-profit organisations.
Category C providers must tender for appointment as a new service provider and for any new licence at the end of an existing agreement.
Table 3 Summary of tender requirements
| Provider category | Tender required for appointment as a new service provider (new service licence) | Tender required for granting a new licence to the existing service provider |
|---|---|---|
| Category A – school parents and citizens association; local government providers | No | No |
Local Government – NSW Procurement Board Directive |
No |
No |
| Category B – not-for-profit operators | Yes | Yes |
| Category C – for-profit organisations | Yes | Yes |
The principal must consult with the Operations Group, Shared Use of Schools for advice when establishing an OOSH service or when an existing OOSH agreement is due to end.
A licence must be negotiated and signed. A service approval must be obtained before a service can operate on a school site. A provider approval must also be obtained prior to tendering for an OOSH service to operate on a school site.
A community use agreement must not be used under any circumstances for OOSH services.
1.1.3 Preschools, long day care, mobile preschools and multi services
School facilities may be used for the provision of early childhood education and care (ECEC) for children aged 0 to 6 years. This includes preschool, mobile preschool, long day care and multi-services. To establish these services, the principal must:
- contact and provide required information to Early Childhood Outcomes, Local Operations email ECEC.colocation@det.nsw.edu.au
- participate in the procurement process as a member of the evaluation panel or nominate a faculty member to represent the school as part of the evaluation
- identify a community representative to participate in the procurement process as a member of the evaluation panel.
Early Childhood Outcomes, Local Operations:
- advise and assist the principal in discussions between the school community and prospective service providers
- assess viability for a service
- establish a service and facilitate the procurement process
- establish a licence agreement with the service provider
- provide the school and provider with contract management support and performance reviews
- provide data management for the licence agreements and operating services.
The provider will meet any costs incurred in establishing the service, including legal, valuation and regulatory approval.
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
Approval to operate preschools, long day care, mobile preschools and multi-services on a school site
To become a provider of early childhood education services, the provider must:
- enter into a licence agreement with the department (refer to section 2.2 Licence or lease agreements.)
- apply for a service provider approval (refer to Service providers > Service approval)
- comply with all requirements under the national law and licence agreement terms and conditions to obtain the service approval.
The licence agreement gives the provider the right to occupy the site on which the service will be provided. Service approval gives the provider permission to operate the service on the school site.
Early Childhood Outcomes, Local Operations will determine licence fees based on set criteria.
The licence fee may be amended to suit local circumstances. Amendments to licence fees must be approved consistently with Edam 4.1 in Delegations of Authority under the Education Act 1990 (staff only) (PDF 427 KB).
The department recognises 3 categories of early childhood education and care providers. Table 4 summarises the tender requirements for these categories.
Category A providers include services run by local government providers.
Category A providers are the preferred providers of preschools, long day care, mobile preschools and multi services and are not required to tender as a new service provider.
If the school and community are satisfied with the existing service provider at the end of a licence term and wish to continue with the current arrangements, a Category A provider can enter into a new licence agreement without conducting a tender.
Councils include services owned and operated by council under a council provider number.
Council services are not required to tender for appointment as a new service provider and can enter into a new licence agreement under the Local Government Procurement Memorandum.
Category B providers include not-for-profit organisations.
Category B providers are required to tender for appointment as a new service provider and for any new licence at the end of an existing agreement.
Category C providers include for-profit organisations.
Category C providers must tender for appointment as a new service provider and for any new licence at the end of an existing agreement.
Table 4 Summary of tender requirements
| Provider category | Tender required for appointment as a new service provider (new service licence) | Tender required for granting a new licence to the existing service provider |
|---|---|---|
Category A – local government providers – NSW Procurement Board Directive |
No |
No |
Category B – not-for-profit operators |
Yes |
Yes |
Category C – for-profit organisations |
Yes |
Yes |
The principal must consult with Early Childhood Outcomes, Local Operations when an existing agreement is due to end.
A licence must be negotiated and signed. A service approval must be obtained before a service can operate on a school site. A provider approval must also be obtained before tendering for a service to operate on a school site.
A community use agreement must not be used under any circumstances for preschools, long day care, mobile preschools and multi-services.
1.14 Share Our Space
Participating Share Our Space schools open their gates and provide free community access to outdoor spaces including ovals, playgrounds and sports courts during both term time and school holiday periods. Share Our Space is intended to complement other community use arrangements already in place. However, facility use under the program must exclude outdoor recreation areas that are already leased or licenced to other parties under specific agreements that require exclusive use and where facility separation cannot occur (such as vacation care).
The suitability of schools for participation in the Share Our Space program is assessed and determined in consultation with stakeholders including Public Schools and Asset Management and considers factors such as community access and proximity to usable open/green space and facility provision.
A formal agreement is not required when participating schools open their outdoor recreation areas to the public for leisure activities that suit the available space and facilities.
Schools may be considered to host free activity sessions. These sessions are provided in partnership with sporting, cultural and community organisations and other government partners via expressions of interest and facilitated via Share Our Space licences. Principals’ consent must be given before an activity is scheduled and promoted.
Share Our Space is a department initiative supported through appropriate program governance mechanisms, including quarterly stakeholder briefings, financial management, centralised communications, risk management processes and performance reporting. These measures ensure effective oversight, consistent engagement and alignment with department objectives.
Members of the community who use the school’s outdoor facilities during Share Our Space are expected to take all reasonable precautions for their own safety and wellbeing. Children are expected to be supervised by adults.
If a member of the community is injured at a school site during Share Our Space, legal liability will be dependent on various factors. Claims arising from an injury to a member of the community will be considered on a case-by-case basis.
Not all injuries may give rise to legal liability and in some instances, the entity liable may not be the Department of Education.
For serious accidents or emergencies, call 000. If you see anything of concern, call our security team on 1300 880 021.
For further information about the program and management refer to Share Our Space or email sinsw.shareourspace@det.nsw.edu.au.
1.15 Uniform shops and logo licence agreements
Table 5 outlines the requirements for operating uniform shops.
Table 5 Requirements for operating uniform shops
| Type of operator | Tender requirement | Agreement type |
|---|---|---|
| The school | Not required | Wholesale licence required between school and operator, contact uniforms.licencing@det.nsw.edu.au for advice. |
| The parents and citizens (P&C) association | Must select a uniform supplier via tender Must operate from the school as an onsite service |
Licence is not required, but must select a uniform supplier via tender. Premises and logo licence required. |
| A private operator – onsite | Must provide a tender response before establishing a new service or when the existing licence is due for renewal | Licence agreement between the department and the operator is required. Premises and logo licence required. |
A private operator – offsite |
Must provide a tender response before establishing a new service or when the existing licence is due for renewal |
Licence agreement between the department and the operator is required. Logo licence required. |
Principals:
- must seek assistance from Operations Group, Shared Use of Schools, uniform licencing team
- should email Operations Group, Shared Use of Schools at uniforms.licencing@det.nsw.edu.au for advice and assistance when selecting a uniform supplier, establishing a school run uniform shop, appointing a uniform shop operator or preparing a uniform shop licence
- should email Operations Group, Shared Use of Schools uniforms.licencing@det.nsw.edu.au for support if the school is thinking about changing their uniform or looking to change their uniform operator.
Operations Group, Shared Use of Schools prepares and signs the licence and determines the licence fee to be charged.
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements.
1.16 Interim provider appointment
The department will consider appointing interim providers for the canteen, outside school of school hours care (OOSH), uniforms, preschools, long day care, mobile preschool and multi services, and markets.
Interim service providers are selected when either of the following occurs:
- an existing provider has withdrawn, and a new provider is required urgently to ensure continuity of care
- a new service needs to be established and there is not enough time to run a procurement process due to extenuating circumstances
- a new service is being established to determine the viability of the proposed service
- a provider is required to ensure continuation of care and ongoing services for a community.
When selecting an interim service provider for OOSH, the preference is for P&C operated services, then local, not-for-profit, or community-based service.
1.17 Externally funded service providers
Externally funded providers may request access to school sites to provide health, disability and wellbeing services to students. These services are initiated and financed between the student’s parents or carers and the provider.
The principal will determine if it is appropriate for the service to be provided at the school.
When services occur during school hours, use the External Provider Engagement Agreement. Refer to Externally funded service providers (staff only).
Please note:
- The external provider engagement agreement is not applicable for services provided before or after school hours on school premises. Depending on the user, the services may require a community use agreement, licence or lease (refer to Table 1 Shared use of school facilities examples).
- When the school funds health services from providers that are prequalified under the department’s Specialist Allied Health Behaviour Support Provider Scheme, they are not required to complete the externally funded service providers agreement.
For further information, email: ExternalProviderFeedback@det.nsw.edu.au.
1.18 Swimming pools
Where a school pool is made available to use by external parties, it may be considered a public pool and subject to NSW Health public pool requirements. The type of agreement required depends on whether the external party is hiring the facility or operating the facility.
A community use agreement is appropriate where a user is hiring the school pool for a short-term or casual use and:
- the school agrees to retain control of pool operations
- the school can reasonably maintain responsibility for compliance, including water quality and safety without this impacting their educational program
- the activity does not require the user to take responsibility for compliance obligations.
Facility operator licence – a joint use agreement or shared use agreement is required when the school pool is used for commercial or club-based programs and:
- the school cannot manage public pool operational and compliance requirements
- the user takes responsibility for day-to-day public pool operations and compliance.
Under a licence agreement the licensee is responsible for meeting all relevant compliance obligations, including the requirements under the Public Health Regulation 2022 (NSW). Including but not limited to:
- registration of the facility the local council’s environmental health office
- water quality monitoring and record keeping
- compliance with environmental health inspection requirements.
For more details about licence and lease agreements, refer to section 2.2 Licence or lease agreements. Principals requiring clarification should contact School Infrastructure, Community Infrastructure community.infrastructure@det.nsw.edu.au.
2. Find information on agreement types and processes
2.1 Community use agreements
Community use agreements should be used when not-for-profit organisations, parent and citizen (P&C) associations or commercial organisations seek to hire school facilities for a maximum duration of 12 months. Principals should refer below to section 2.2 Licence or lease agreements for guidance on when a licence or lease is necessary and contact School Infrastructure, Community Infrastructure if they are unsure. On the conclusion of the 12-month period, the community user may enter into a subsequent 12-month agreement, contingent on the school’s approval. The Digital Community Use Agreement allows for community use agreements to be cloned, streamlining the process for schools to duplicate the booking arrangements each 12-month period.
The following steps outline the community use agreement process. There must be a new community use agreement each time the arrangement is renewed.
Principals or delegates:
- must prepare the community use agreement using the Digital Community Use Agreement (staff only), in conjunction with the Checklist: Creating a Digital Community Use Agreement (staff only) (PDF 706 KB)
- may contact cua@det.nsw.edu.au for any general assistance
- should refer to General community use of school facilities to determine the fees to be charged, or contact cua@det.nsw.edu.au for advice
- may contact EDConnect on 1300 32 32 32 or log an online query through EDConnect Online - Finance (staff only) for billing advice.
After the agreement is prepared, the principal and community user must:
- complete and sign the community use agreement form
- monitor ongoing compliance and uphold the standard terms within the agreement.
Do not use community agreements for:
- school canteens
- state, federal or local government electoral events
- proposed joint use of facilities with a financial contribution towards the constructing or upgrading of school facilities from an external party
- if the hirer intends to 'sub-hire' (note that sub-hire under community use agreements is prohibited)
- markets
- ad hoc school-led events or markets involving direct engagement with stallholders
- mobile telecommunications facilities
- outside school hours care, preschool or long day care
- Share Our Space program participation
- Share Our Space programs delivered by activity providers
- uniform shops.
2.2 Licence or lease agreements
School Infrastructure must prepare a licence or lease when the duration of community use exceeds 12 months.
The principal must determine if the proposed use is appropriate and refer the request to the relevant team. Refer to Table 2 Agreement types and key responsibilities (Outline of key responsibilities).
A licence does not generally provide exclusive use of the school facilities. For example, an outside of school hours care service that operates from the school hall only at agreed times or a third party that manages bookings for a school oval after hours.
Only the Minister’s delegate can sign leases and licences.
Examples include:
- early childhood education services (outside school hours care, preschool, long day care)
- canteens
- uniform shops and use of school logos on uniforms
- markets
- when the user will have exclusive use of the school facilities
- hiring ovals to sporting organisations
- providing access to a school’s catering facilities and equipment
- providing accommodation facilities
- allied health providers providing services at a school site outside school hours.
3. Comply with the mandatory requirements for using school facilities
Schools, external parties and/or community users using school facilities must comply with the mandatory requirements outlined in this section.
3.1 Appropriate use of facilities
Principals ensure that school facilities are not used for activities that interfere with student learning or contradict the values of public education or the school’s purpose and goals.
Planning approval may be required for activities that change how a school premises is currently used or have an impact on the community beyond normal school operations, including new construction or commercial activities.
Where a proposed community use or licencing arrangement requires planning approval, the department will advise the community user of the relevant requirements. The community user is responsible for obtaining any required development consent prior to the commencement of the activity.
A licence or lease, project deed or advertising agreement should include conditions requiring the third party to obtain development approval.
3.2 Smoking and alcohol consumption on school premises
The department reserves the right to prohibit alcohol consumption on department-owned land as a condition of leases and licences at its sole discretion.
The department’s Drugs in schools procedures outlines the rules for the use of tobacco, e-cigarettes and alcohol.
Principals must enforce the following:
- strict prohibition of smoking cigarettes, e-cigarettes and vaping on school premises at all times
- alcohol must not be consumed or brought to school premises during school hours
- outside of school hours, principals may approve the consumption of alcohol if all of these apply
- that any use of alcohol complies with the Liquor Act 2007 (NSW)
- community users selling alcohol must have the appropriate liquor licence from Liquor and Gaming NSW, while those serving alcohol without selling it (such as BYO or free service) must comply with any Liquor and Gaming NSW policies such as responsible service of alcohol
- all children present are accompanied and supervised by a parent or carer
- those consuming alcohol agree to act in a socially responsible manner that would set a good example to children.
As the site controller, principals can determine and must clearly state in the additional/special conditions section of the community use agreement whether permission is granted for alcohol consumption on school grounds and any limitations.
3.3 Child protection
Child protection compliance is mandatory for community users in all agreements, leases and licences where children and young people are involved or will be present.
When children and young people are not involved and are not present, this section does not apply.
Principals must inform community users that they are responsible for fulfilling their obligations under child protection legislation.
Community users must ensure they are aware of and comply with all requirements of child protection legislation, including:
- Child Protection (Working with Children) Act 2012 (NSW)
- Child Protection (Working with Children) Regulation 2013 (NSW)
- Children and Young Persons (Care and Protection) Act 1998 (NSW).
The community user must provide the principal with a signed Child Protection Declaration for Community Use Agreements (PDF 643 KB) before signing any agreement, lease or licence to use school facilities. This is necessary to ensure compliance with all legislative requirements related to protecting children and young people from abuse and neglect. Child protection declarations must be signed by the principal before execution of the agreement.
3.4 Photography
The community user group must not take any photographs, nor carry out any filming, at the licenced area without the prior written consent of the principal.
3.5 Cleaning
The department will pay for cleaning where the facility is cleaned as part of the school’s scheduled cleaning program. Fees charged should consider any cleaning requirements. Additional cleaning requirements by operators are listed in their licence agreement. If additional cleaning is required after a user has used a school facility, the principal will arrange for it and the user will pay for it.
3.6 Contract management
If there are challenges upholding the conditions of the contract, principals must follow the steps outlined below.
Ongoing contract support for leases and licences is provided by School Infrastructure, Community Infrastructure.
Contract management support is provided by Operations Group, Share use of Schools for canteen, uniform and OOSH related issues.
Support for ECEC services, including long day care, community preschools, multi services and mobile preschools is provided by Early Childhood Outcomes, Local Operations.
Refer to Table 2 Agreement types and key responsibilities (Outline of key responsibilities).
Disputes between the school and the community user should be resolved at the school level where possible.
If the matter cannot be resolved locally, the school or the community user should refer the issue to the director, educational leadership. Where necessary, use an interpreter service to facilitate effective communication. If the director, educational leadership requires support with the process, they should contact Community Infrastructure via community.infrastructure@det.nsw.edu.au.
Disputes on the billing should be referred to EDConnect, Accounts Receivable via EDConnect Online – Finance (staff only).
The Complaints handling policy must be used to manage complaints. The Community complaint procedures provide direction and guidance in addressing concerns raised by community members.
The principal must keep records of concerns raised by the school, the community or the community user, what action was taken, and the resolution. The principal must also record the action that was taken and the resolution.
If a notice relating to a property matter is received (or required to be issued), the director, educational leadership may refer the matter to School Infrastructure, Land and Property.
Final outcomes on dispute resolution can be determined by the Minister’s delegate.
Where an application to use school facilities is declined, the principal must keep a record of the reasons for declining the application.
Any agreement, lease or licence may be suspended or terminated as outlined by the terms in the relevant document to ensure that the school’s, department or public requirements are met.
Situations in which a suspension or termination of an agreement may be considered can include the following:
- in the event of an emergency or designated disaster, where school facilities are unavailable due to the risk posed by the emergency, or the school facilities are operating as an evacuation centre during an emergency or declared disaster
- a school is to be used for a federal, state or local government electoral event
- an unforeseen essential school need that requires exclusive use of the facilities
- the school is closed and the land is scheduled for disposal
- the facilities become unsafe or the proposed activity poses a threat to safety
- the user activities are detrimental to the school and its students
- public health orders prohibit or restrict use
- the community user significantly breaches or repeatedly breaches the agreed conditions
- a children’s services provider is losing regulatory approval.
Terminating or suspending community use agreements
The principal may suspend or terminate a community use agreement, an advertising agreement or an external provider engagement agreement.
When terminating or suspending a community use agreement, the principal must provide the community user with written advice that includes the reason for the suspension or termination.
The department can terminate a community use agreement by giving 2 weeks’ written notice if the termination isn’t related to a breach of use.
The community user may terminate a community use agreement by giving 2 weeks’ written notice.
Terminating or suspending a licence or lease
Only the Minister’s delegate within the department:
- may issue breach notices
- can terminate leases and licences.
The principal:
- must keep detailed records that support the termination or suspension. The department needs evidence to issue breach notices or action termination requests
- must send the requested termination or suspension to School Infrastructure.
If a community user has not defaulted at the time of suspension or termination, the department will refund any fees paid during the suspension or beyond the termination period.
3.7 Damage to property
Users will pay for any damage to property and equipment that occurs while they are using it, unless stipulated otherwise in the agreement, lease or licence terms.
Community users must immediately report any damage or accident occurring during the use of school facilities to the principal.
In the event of property damage, the community user can claim from their insurer. If uninsured, the community user may be left with costs to pay. The department’s insurer (Treasury Managed Fund) would respond on behalf of the school/department but then seek to recover costs from the community user or their insurer. Refer to section 3.11 Insurance.
Any damage that occurs during Share Our Space is reported to and addressed by the department, with costs allocated to the program budget.
3.8 Planning approvals
Some activities may require consent from relevant planning authorities, such as council approval via a development application, before commencing.
The community user must obtain any required planning approvals, including development consent, where applicable, for their proposed activity. As landowner, the department will confirm whether a proposal is exempt development, complying development or requires a planning approval and advise on the planning approval process that must be followed.
The Minister’s delegate within School Infrastructure, must provide landowner’s consent to enable lodgement of any required planning approval.
However, the Asset Management directors may sign development applications for demountable buildings, signage and Asset Management minor program works.
Under a joint user agreement, the project deed will stipulate who is responsible for obtaining planning approvals for the works and ongoing use of the facilities.
If the department determines self-assessment is suitable under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW), the community user must provide the department with supporting details to assess as required.
3.9 Fees and income
The principal or delegate should follow the guidelines in this section when fees can or cannot be applied.
As a minimum, users must cover costs associated with using the school’s facilities, unless otherwise noted in this document.
Schools must manage income, report and sources of revenue from the use of school facilities as per sections 3.12 and 7.1 of Financial management (schools) procedures (staff only) and Annual financial statements procedures (staff only).
The principal must contact School Infrastructure, Community Infrastructure for advice on the market rate to be charged.
Principals:
- may determine the fee and security deposit users pay. Refer to the hire charges section on General community use of school facilities as a guide
- may consider comparing suggested hire fees to similar facilities in their local council’s fees and charges policy
- may consider discounting or not charging fees for the school’s parents and citizens (P&C) association for activities other than meetings, annual general meetings, fund-raising and community events
- must ask School Infrastructure Community Infrastructure for advice on fees that meet any of the following criteria
- the proposed activity is a commercial operation
- the principal determines that the scheduled fee is considered insufficient and chooses to seek a market rate
- the scheduled fee charged does not cover the additional cost of the agreement
- the agreement would prevent another proposed lease or licence to operate at market value
- the hirer will gain a significant commercial advantage from the agreement.
Principals may charge additional fees to recover the costs of equipment used by the community user, considering cost of maintenance, cleaning and replacement.
All community use agreements with ongoing hire charges must be entered into SAP as a contract with a billing plan. For further information, refer to Establishing billing arrangements for CUAs (staff only).
Free community use is granted to the Aboriginal Education Consultative Group, professional teachers’ associations and the Adult Migrant English Service.
Community languages schools funded by the Community Languages Schools Program are entitled to free use of school facilities during school terms and are eligible to sign a Community Use Agreement for up to 3 years. Refer to section 1.5 Community language schools for more information.
Operations Group, Shared Use of Schools sets standard fees for canteen services and outside of school hours care (OOSH) licences, including early childhood education and care service operations and uniform services.
Treasury Direction 469.01 requires the department to obtain market value on government assets leasing. If School Infrastructure has not set standard fees, it will determine the appropriate market fee for the lease or licence, including joint use agreements.
The user may be required to pay for any legal fees incurred to prepare leases and licences.
Principals are advised to ask a community user to pay a refundable security deposit for community use agreements. This is an upfront payment that the school may keep if the user does not comply with the terms of the agreement. It may also cover the cost of lost or damaged property.
As a guide, the security deposit should represent 5% of the community use agreement's value. The security deposit should be more than 5% if the principal has waived the fee.
For Canteen agreements, a security bond is required, as specified in the licence.
A bank guarantee may be required when signing a lease or licence. The lease or licence will specify the methods to satisfy this.
3.10 Information security
Community users must not gain access to the department’s information assets in electronic, paper, audio or video form. These include department employees' and students' records and work products.
For further information, refer to the Cyber security policy.
3.11 Insurance
There are specific insurance requirements depending on the type of agreement and below sets out some of these requirements.
Principals requiring clarification about insurance matters should contact EDConnect.
School Infrastructure, Community Infrastructure will determine the insurance requirements for leases and licences and include these in the individual agreements.
Principals requiring clarification should contact School Infrastructure, Community Infrastructure at community.infrastructure@det.nsw.edu.au.
The community user must obtain and maintain a broad form liability insurance policy (also known as public liability insurance) during the term of the agreement. The policy must:
- be appropriate to the community user’s activities for at least $20 million for any one occurrence in respect of any liability for personal injury and property damage arising out of, or in connection with, or caused by the community user’s occupation and use of the premises and equipment
- be issued by a body corporate authorised to carry on insurance business under the Insurance Act 1973 (Cth)
- list the Minister for Education and Early Learning on behalf of the State of New South Wales as an additional insured.
The principal may allow the hire of school facilities without the community user having public liability insurance if the proposed use is non-commercial and the principal is satisfied the use is low risk. If there is a claim due to the department’s breach of its duty of care, the claim will be against the department’s insurance policy.
The department’s insurance arrangements do not cover the activity or the participants in that activity if there is no fault of the department. Participation in the activity offered by the community user is essentially at the participant’s own risk.
The community user must obtain and maintain workers' compensation insurance with a licenced insurer under the Workers' Compensation Act 1987 (NSW) during the term of the agreement for any of their employees who are employed in connection with the use of the premises and equipment.
Where access is to be provided under a community use agreement, the community user must provide the principal with a copy of, or a certificate of currency for these insurance policies. Should the community user’s insurance policy expire during the term of the agreement, the principal should request a copy of the renewed insurance policies or certificate of currency.
Separate insurance requirements apply to externally funded providers delivering health, disability and wellbeing services to students on school sites during school hours. These requirements are set out in section 1.17 Externally funded service providers.
3.12 Priority of users
School educational programs have priority use of school facilities and equipment.
Agreements, leases and licences already in place have priority over new applications, except when facilities are required in response to community disasters or when required by electoral authorities.
Principals need to consider user priorities when assessing competing applications. If needed, the principal determines the priority between users in the same category. The principal may consult with the director, educational leadership and the school community.
The activity and user examples listed in Table 6 do not indicate the order of priority by which the applications should be assessed.
Table 6 Priority of users
| Priority | User type | Activity/user examples |
|---|---|---|
| 1 | Community disasters | Emergency or designated disasters and evacuation centres (subject to the direction of Health, Safety and Staff Wellbeing and the Director, Educational Leadership) |
| 2 | Electoral authorities | Federal, state and local government electoral events |
| 3 | NSW Education Standards Authority | Higher School Certificate examinations |
| 4 | Parent body activities | Parents and citizens (P&C) association meetings |
| 5 | Children’s service providers | Outside of school hours care (OOSH) |
| 6 | Government organisations including departmental and associated groups | NSW Aboriginal Education Consultative Group (AECG) Aboriginal Learning and Engagement Centres and Aboriginal homework centres Adult Migrant Education Program classes Community languages schools registered with the Community Languages Schools Program Department programs such as Share our Space Council programs under joint use agreement TAFE NSW Professional teachers’ associations, other government schools Secondary College of Languages |
| 7 | Not-for-profit educational services | School P&C associations Not-for-profit community colleges |
| 8 | Other not-for-profit users | Office of Sport – sporting programs Local councils Community theatre groups, dance groups, rotary club meetings Share Our Space – activity providers |
9 |
Free community use |
Share Our Space |
| 10 | Other for-profit users | Commercial karate classes, markets |
3.13 Probity
When sharing school facilities, it is important that staff managing agreements, leases and licenses act in an ethical manner. This includes, but is not limited to:
- complying with the department’s Professional and ethical standards policy, Statement of Business Ethics (PDF 415 KB), Fraud and Corruption Control Framework (PDF 473 KB) and the Values in NSW public schools policy
- complying with the Procurement policy (staff only)
- dealing with reputable organisations
- being impartial in any assessment of applications or tenders
- declining gifts from community users or prospective tenderers
- declaring any conflict of interest (via the My Declarations menu on SAP Employee Self Service) that staff, their relatives or their close associates may have with potential users of school owned land
- ensuring any commercial information provided by community users is kept in confidence
- Schools must follow instructions in the Financial management (schools) procedures (staff only) that instruct how revenue is received and expended.
3.14 Prohibited organisations
For national security reasons, the Australian Government lists organisations that must not be given access to school grounds or its students. For further information refer to Australian National Security’s Listed terrorist organisations.
3.15 Risk assessment
Before allowing school facility usage, the principal must conduct a risk assessment to ensure facilities and equipment are safe and in good condition.
The principal may seek advice and support from their local work health and safety representative.
As part of the assessment, the principal should consider the following community user information:
- the proposed use
- known specific risks and proposed mitigations
- whether the facilities are fit for purpose
- the roles and responsibilities of the organisers and any volunteers
- supervision of any children on the grounds (including play equipment areas and toilets)
- car parks and traffic control as required for surrounding streets
- emergency medical plans
- safe working statements or risk management plans, if appropriate
- age of participants.
The principal is not required to perform a risk assessment when the facilities are used for outside of school hours care services or other early childhood education services.
The NSW Early Childhood Commission regulates regulates these services and will conduct the risk assessment as part of the regulatory approval process.
3.16 Safety and security
The principal or delegate must inform community users of the school's contact officers and the role of the School Security Unit, (refer to Keeping schools safe and secure) so they know who to contact during emergencies or major incidents.
Principals:
- are the school site controller under the Work Health and Safety Act 2011 (Cth)
- use the Work health safety matrix (PDF 62 KB) to determine the work health and safety requirements for different types of shared use
- inform the community of the relevant work health and safety requirements relevant to the site and their activities. This includes sharing information with user groups to help them and other site visitors to remain safe while on school premises
- ensure that users know they must first report any accidents or incidents to the principal. The principal may report the incidents to the work health and safety incident and injury hotline, if necessary (refer to Incident notification and response procedures [staff only])
- ensure users know they must report any security related issues to the security team on 1300 880 021. In case of an emergency, the first point of call should be 000
- maintain a register of community users who have been provided with keys or security access codes
- work with community users to understand and address safety and security issues, including
- making suitable entry and departure arrangements
- ensuring all doors and windows are secured and locked and all lights are turned off when the community user has finished using the facility
- having a suitable process for collecting and returning keys
- ensuring the alarm system is disarmed before entry and armed when the community user has finished for situations when the facilities are used without school staff present
- ensuring users understand their responsibility to supervise community members who are using the facility
- outlining expected behaviour standards of facility users
- having access to clear emergency procedures.
Record-keeping requirements
The principal must retain all signed advertising and community use agreements, as well as all information provided by the community user and records of incidents, disputes or complaints, for a minimum of 7 years after the expiry or termination of the lease or agreement. After which, they should be destroyed.
For community use agreements that include the payment of a licence fee, a copy of the community use agreement should be provided to edconnect.accountsreceivable@det.nsw.edu.au.
School Infrastructure must retain signed leases or licences and provide a copy to the principal for their reference. A copy should also be provided to EDConnect Accounts Receivable.
Mandatory tools and templates
- Child Protection Declaration for Community Use Agreements (staff only) (PDF 643 KB)
- Checklist: Creating a Digital Community Use Agreement (staff only) (PDF 706 KB)
- Community use agreement via the Digital Community Use Agreement (staff only)
- Risk assessment – WHS risk management procedures (staff only)
Supporting tools, resources and related information
- Contact EDConnect on 1300 32 32 32 or log an query to EDConnect Online – Finance (staff only)
- General community use of school facilities
- Community languages schools (staff only)
- Finance in Schools Handbook (FISH) (staff only)
- Use of school facilities for electoral events (staff only)
- Early childhood education – Service providers
- Externally funded service providers (staff only)
- Complaints handling policy
- Share Our Space – general program information
- Share Our Space – information for schools (staff only)
Agreements
- Edam 4.1 in Delegations of Authority under the Education Act 1990 (staff only) (PDF 427 KB)
- Child Protection (Working with Children) Act 2012 (NSW)
- Child Protection (Working with Children) Regulation 2013 (NSW)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Work Health and Safety Act 2011 (Cth)
- Liquor Act 2007 (NSW)
- Drugs in school procedures
- Cyber security policy
- Professional and ethical standards policy
- Statement of Business Ethics (PDF 415 KB)
- Fraud and Corruption Control Framework (PDF 473 KB)
- Values in NSW public schools policy
- Procurement policy (staff only)
Policy contact
School Infrastructure, Land and Property
Community Use Agreement Enquiries
CUA@det.nsw.edu.au
Community Infrastructure
Community.infrastructure@det.nsw.edu.au
Property Operations, Leases and Licences
property@det.nsw.edu.au
Share Our Space
sinsw.shareourspace@det.nsw.edu.au
Operations, Shared Use of Schools
Canteens
canteens.licencing@det.nsw.edu.au
Out of Hours School Care (OOSH)
OOSH.licencing@det.nsw.edu.au
Preschool
preschool.licencing@det.nsw.edu.au
Uniforms
uniforms.licencing@det.nsw.edu.au
Early Childhood Outcomes, Local Operations
ecec.colocation@det.nsw.edu.au
The Executive Director, Land and Property monitors the implementation of this policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.