Audience

Principals, their delegates, department staff and community members involved in using school facilities when the school or department does not require them.

About the policy

What needs to be done

The 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, owner consents, or property or title agreements.

How to use these procedures:

• decide on the activity that will share school facilities (go to 1. Decide on the activity)
• follow the steps, which also include the agreement type and how to implement it
• go to 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. Help with obtaining a community use, licence or lease agreement.

Tables 1 and 2 below summarise shared use activities, the necessary agreements, and the parties responsible for their implementation.

Shared use of school facilities and key responsibilities

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 3. Comply with the mandatory requirements for using school facilities.

Outline of key responsibilities

Table 2 outlines the agreement types and key responsibilities.

1. Decide on the activity and agreement

1.1 General community use of facilities

The general community can use or hire school facilities for 12 months or less if they are a non-profit organisation, P&C, or very small commercial enterprise. The hire could be for a single or multiple uses within 12 months. 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. Steps for signing a community use agreement are shown in section 2.1 Community use agreements.

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.

When children or young people are present, the principal and P&C association must sign the Community use of school facilities child protection declaration (PDF 278 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.

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, 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.

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 or not-for-profit organisation (licence is required)
• the school P&C association (licence is required).

If 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 the School Infrastructure Asset Activations via email canteens.licencing@det.nsw.edu.au.

School Infrastructure NSW:

• is responsible for preparing and approving leases and licences
• will request a fixed fee security deposit from the provider based on the number of children at the school
• 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.

Providers tendering to operate a canteen can propose fees as part of their tender. The license fee may be amended to suit local circumstances. The Deputy Secretary, School Infrastructure must endorse any changes.

For more details about licence and lease agreements, please 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.

If a school can provide access to facilities, then the principal will need to contact the NSW Community Languages Schools Program unit to determine if the NSW Community Languages Schools Program funds the community languages school.

Those community languages schools funded by the unit can use school facilities and classrooms to run their school free of charge during school terms for up to 3 years.

Other non-teaching and learning activities, such as presentation nights and cultural activities, will need a separate agreement with appropriate fees applied.

For further information, community language school operators can visit the Community languages schools website.

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 5 in section 3.12 Priority of users.

1.7 Joint use agreement

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. A joint use agreement may also be agreed when an external party proposed to jointly construct or modify a school facility in exchange for shared use.

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.

For example, a council and the department jointly invest in a new synthetic oval and change rooms on school grounds. The oval is leased to the council with exclusive after-hours access but is used by the school at other times.

A principal who has received a proposal for a joint use agreement must consult with the director, educational leadership and refer the proposal to School Infrastructure Asset Activations directorate.

School Infrastructure may also initiate joint use agreements in consultation with the principal. A third party can also nominate a joint use agreement on a school site.

1.8 Markets

There are a few situations when markets can be operated on school grounds.

Market operators must go through a tender process that School Infrastructure NSW conducts when selecting a market operator. Schools wishing to undertake a tender should reach out to asset.activations@det.nsw.edu.au to receive advice on next steps.

For more details about licence and lease agreements, please refer to section 2.2 Licence or lease agreements.

The parents and citizens (P&C) association will require a community use agreement via the Online management system (staff only) when they hold an ad hoc fundraising market. They are not required to tender.

For more details about community use agreements, refer to section 2.1 Community use agreements.

1.9 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.

1.10 Commercial activities or when usage exceeds 12 months

School facilities may also be used for commercial activities or where the facilities are required for 12 months or more. Usage may include hiring ovals to sporting organisations, arranging for a local government to manage general community 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 Asset Activations via asset.activations@det.nsw.edu.au.

School Infrastructure is responsible for preparing and approving leases and licences. Unless specific approval to the contrary is obtained, lease and licence fees for other commercial activities are paid to the department.

For more details about licence and lease agreements, please refer to section 2.2 Licence or lease agreements.

1.11 Outside school hours care

School facilities may be used for outside school hours care (OSHC). This includes before school, after school and vacation care, as well as childcare centres, long day care centres, occasional care and preschools.

To establish these services, the principal must:

• contact and provide required information to School Infrastructure Asset Activations email oshc.licencing@det.nsw.edu.au
• speak with the parents and citizens (P&C) association to confirm whether they are interested in establishing an OSHC service
• participate in the procurement process.

School Infrastructure Asset Activations:

• advise and assist the principal in discussions between the school community and prospective service providers
• establish a service and participate in the procurement process
• have a licence agreement with the provider.

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, please refer to section 2.2 Licence or lease agreements.

1.12 Share Our Space

All schools are Share Our Space schools and are considered for participation in each holiday period unless an exemption has been granted by School Infrastructure NSW.

Participating schools open their outdoor areas to the public to provide opportunities for leisure activities that are appropriate for the available space. Share Our Space is intended to co-exist with other arrangements already in place. Therefore, facility use under the program must exclude areas that are already leased or licensed to other parties under existing agreements.

A community use or other legal agreement is not required when participating schools open their outdoor areas to the public for leisure activities that suit the available space.

Share Our Space is a department initiative and is supported by stakeholders across the department through a working group. More information is available from the Share Our Space website.

Participating schools may also be considered to host additional funded holiday programs. Providers of additional activities under the program (such as those conducted by the Office of Sport) require a community use agreement or other legal agreement to hold an activity.

Please refer to Table 1 Examples of the shared use of school facilities.

For further information about these activities, email sinsw.shareourspace@det.nsw.edu.au.

For more details about community use agreements, please refer to section 2.1 Community use agreements.

1.13 Uniform shops and logo licence agreements

Table 4 outlines the requirements for operating uniform shops.

Table 4 Requirements for operating uniform shops

1.14 Interim provider appointment

The department will consider appointing interim providers for the canteen, outside school hours care (OSHC), preschools, long day care, family day care services, uniform 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.

When selecting an interim service provider, the preference is for local, not-for-profit, or community-based service.

1.15 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.

2. Get more information about community use, licence or lease agreements

2.1 Community use agreements

Use community use agreements when not-for-profit organisations, parents and citizens (P&C) associations or very small commercial enterprises hire school facilities for 12 months or less. A ‘very small’ commercial enterprise typically has up to 2 employees and a single location for the delivery of services.

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 via the Online management system (staff only)
• may contact cua@det.nsw.edu.au for any general assistance
• may renew the agreement at their discretion (not the user’s) at its expiry, provided that the renewal period does not exceed 12 months
• should refer to the General community use of school facilities (staff only) web page 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 (staff only) for billing advice.

After the agreement is prepared, the principal and community user must:

• complete and sign the community use agreement form
• uphold the standard terms within the agreement.

2.2 Licence or lease

School Infrastructure NSW must prepare a licence or lease when the duration exceeds 12 months or the use is of a commercial nature.

Activities of a commercial nature are run by for-profit organisations that have:

• substantial turnover
• multiple locations for delivery of services
• more than 2 employees.

The principal must determine if the proposed use is appropriate and refer the request to School Infrastructure Asset Activations.

School Infrastructure, in consultation with School Performance, may enter into a licence agreement with local government to manage the general community use of a school facility outside of school hours.

A licence does not generally provide exclusive use of the school facilities. For example, an outside school hours care service that operates from the school hall only at agreed times.

Only the Minister’s delegate within School Infrastructure NSW can sign leases and licences.

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.

If community users plan to use the school facilities for purposes outside of those permitted in the council’s local environment plan, they must:

• check and obtain development approval
• provide the principal with a copy of the council’s determination before they can commence.

A licence or lease, project deed or advertising agreement should include conditions requiring the community user 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 policy 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:
  • the school’s parents and citizens association executive are consulted and agree
  • the community users serving alcohol have the appropriate liquor licence from Liquor and Gaming NSW
  • 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.

Principals 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
• Child Protection (Working with Children) Regulation 2013
• Children and Young Persons (Care and Protection) Act 1998.

The community user must give the principal a signed Community use of school facilities child protection declaration (PDF 278 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.

3.4 Cleaning

The department will pay for cleaning where the facility is cleaned as part of the school’s scheduled cleaning program. 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. Fees charged should consider any cleaning requirements.

3.5 Commercial operation

A commercial activity requires a lease or licence agreement.

Principals must refer the proposed commercial activity to School Infrastructure Asset Activations for advice.

Refer to section 3.9 Fees and income for more information about when to contact School Infrastructure NSW.

3.6 Contract management

If there are challenges to upholding the conditions of the contract, principals must follow the steps outlined below.

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.

3.8 Development applications

Some activities may require council development approval before commencing.

The community user is responsible for determining whether development consent is required. If required, they must obtain development consent.

The Minister’s delegate within School Infrastructure NSW, must provide owner’s consent to lodge a development application.

However, the Asset Management directors may sign development applications for demountable buildings, signage and Asset Management minor program works.

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.

For advertising agreements, principals must contact School Infrastructure Asset Management Regional Office for advice on the market rate to be charged.

Schools must manage income by following procedures in the Finance in Schools Handbook (staff only). They must report revenue from the use of school facilities in their annual financial statements and may determine how to use the revenue.

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 Information 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 NSW will determine the insurance requirements for leases and licences and include these in the individual agreements.

Principals requiring clarification should contact School Infrastructure Asset Activations.

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)
• note the interest of the State of New South Wales.

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 licensed 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 1.15 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.

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 Code of conduct policy, Statement of Business Ethics (PDF 415 KB), Fraud and Corruption Control Framework (PDF 775 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 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
• ensuring that all monies received from community use or other agreements are declared and used following the Finance in Schools Handbook (staff only).

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, go to the Australian National Security website.

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.

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, 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
• 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 report any accidents or incidents to the work health and safety incident and injury hotline on 1800 811 523
• 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. The school must keep all information the community user provides and records of incidents, disputes or complaints.

For community use agreements that include the payment of a licence fee, a copy of the CUA should be provided to edconnect.accountsreceivable@det.nsw.edu.au.

School Infrastructure NSW 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

• Community use of school facilities child protection declaration (PDF 278 KB)
• Community use agreement via the Online management system (staff only)

Supporting tools, resources and related information

Policy contact