Terms and Conditions of Participation

1. Introduction

1. These are the Terms and Conditions of the Sustainable Apartments Program (the Program). The agreement is for eligible participants to confirm their participation in the Sustainable Apartments Program.
2. The objective of the Program is to support apartment complexes to plan for their transition to electrification. This support will provide Eligible Participants with site assessments and high-level electrification pathway recommendation reports. The reports are for information only. Apartment complexes are responsible for determining whether to implement any recommendations contained in the reports.
3. Following an inspection of eligible apartment complexes, the City and Environment Directorate (CED) will develop tailored reports for eligible complexes which will include a high-level analysis for pathways to electrification.
4. Completed reports will be shared with the participating Owners Corporation and general findings from the Program will be shared with the strata community to help understand how apartment buildings are able to transition from fossil fuel gas to electric.
5. The form must be completed, signed and returned via email/registration portal for assessment.

2. Definition

In these Terms and Conditions:

ACT Government – refers to the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth).

De-Identified Material – refers to content from which personal information, such as names and addresses have been removed. This means information, data, reports, findings, observations, insights and other material from which personal information and information capable of identifying a Participant or Eligible Property has been removed.

Eligible Participant (Participant)– refers to an Owners Corporation that is managing an Eligible Premise that satisfies the eligibility criteria for the Program as outlined by these Terms and Conditions and as published on the Website (and varied by the ACT Government in its absolute discretion from time to time).

Eligible Premise – refers to an individual apartment complex style structure that is part of an Eligible Site and meets the eligibility criteria for the Program as outlined by this Terms and Conditions and as published on the website (and varied by the ACT Government in its absolute discretion from time to time).

Eligible Site – refers to a property or site that satisfies the eligibility criteria for the Program as outlined by this Terms and Conditions and as published on the website (and varied by the ACT Government in its absolute discretion from time to time).

Owners Corporation – means an owners corporation established under section 8 of the Unit Titles (Management) Act 2011 (ACT).

Program – refers to the Sustainable Apartments Program.

Program Matters – means these Terms and Conditions, all eligibility criteria and assessment processes, and all other aspects of the delivery and operation of the Program (including communications, registration, and assessment).

Program Outcomes – means reports, electrification pathways, findings and learnings derived as part of the Program.

Program Team – means the ACT Government officers, contractors and authorised representatives responsible for administering and delivering the Sustainable Apartments Program.

Registration Form – refers to the application form to participate in the program by the Participant.

Terms and Conditions – means these terms and conditions, as varied by the ACT Government in its absolute discretion from time to time and published on the website.

Website – refers to https://www.climatechoices.act.gov.au/policy-programs/sustainable-apartments-program

3. Eligibility

1. To be eligible to participate in the Program, a Participant must:
   1. Be an Owners Corporation that is responsible for the management of an Eligible Site.
   2. Have all necessary authority to apply for participation in the Program, permit access to the Eligible Property for the purpose of inspection for the Program and receive any report produced under the Program on behalf of the Owners Corporation.
   3. Provide evidence of having agreement from the Owner’s Corporation for the apartment complex to participate in the program.
2. To be eligible for the Program, an Eligible Premises must:
   1. Be an apartment complex that forms part of a Class A unit’s plan.
   2. Be a completed development at the time of registration. Proposed developments and developments under construction are not eligible.
   3. Be located within the Australia Capital Territory, including Hall, Tharwa and Oaks Estate, but excluding Jervis Bay Territory.
   4. Contain existing gas infrastructure or gas assets.
   5. Be lawfully occupied at the time of registration.

4. Participation obligations

To participate in the Program, the Participant must:

Information and Documentation

1. Provide copies of electricity and gas bills for the 12 consecutive months immediately preceding registration in the Program.
2. Provide any available building documentation reasonably requested by the Territory, including:
   1. Mechanical services technical documents, including heating, cooling, ventilation systems (as installed).
   2. Electrical services technical documents (as installed).
   3. Hydraulics services technical documents (as installed).
   4. Architectural drawings, including at a minimum, floor plans and site plan (as installed).
3. Authorise the Territory to obtain information relevant to the Program from third parties where required, including:
   1. electricity consumption information from electricity retailers; and
   2. building documentation held by Access Canberra.
4. Provide the Program with authorisation to request additional information on building documentation from Access Canberra, if otherwise unavailable.
5. Provide any additional information reasonably requested by the Territory within 7 days of the request, or such other period as agreed by the Territory.
6. The Participant acknowledges that where requested information is not provided within the required timeframe, the Territory may be unable to consider that information when preparing any assessment, report or recommendations under the Program.

Access for Site Assessment

7. Permit the Program Team and its representatives to access the Property for the purposes of conducting a site assessment.
8. The Participant must ensure that the Program Team is provided access to all areas reasonably required to undertake the site assessment, which may include:
   1. Plant rooms and plant area;
   2. using reasonable endeavours to facilitate access to at least one residential unit of each dwelling typology represented within the Eligible Property;
   3. Common areas and communal facilities (including pools, laundries, common areas);
   4. Basement, ceiling and roof spaces as appropriate;
   5. Rooftops;
   6. Electrical switch rooms, and switchboard cupboards;
   7. Carparks; and
   8. Outdoor spaces.
9. The Participant must arrange any access permissions, keys, passes or escorts reasonably required to enable the Program Team to undertake the site assessment.
10. The Participant acknowledges that a site assessment is expected to take between one and three hours, although the actual duration may vary depending on the size and complexity of the Property and the Participant must remain on site for the duration.

Meetings and Engagement

11. If requested by the Territory, the Participant must arrange a meeting, either in person or remotely, with residents or representatives of residents to discuss matters relevant to the Program, including:
    1. known issues affecting the building or its services;
    2. known constraints or challenges associated with electrification; and
    3. current or anticipated building service requirements relevant to electrification.
12. If requested by the Territory, the Participant must arrange a meeting with persons who possess specialised knowledge of the Property, including building managers, maintenance contractors or heating, ventilation and air conditioning (HVAC) technicians.
13. Any costs associated with the attendance of persons referred to in clause 4.12 are the responsibility of the Participant and will not be reimbursed by the Territory.

5. Access and inspections

By participating in the Program, the Participant:

1. authorises the Territory and the Program Team to access and inspect the Eligible Property for the purposes of assessing the property for the Program;
2. warrants that it has obtained, or will obtain, all approvals, permissions and authorities necessary to permit such access and inspection;
3. acknowledges that access may be required to common property, plant and equipment rooms, building service areas, and other parts of the Eligible Property reasonably required for the purposes of the Program; and
4. acknowledges that the inspection is limited to the purposes of the Program and does not constitute a comprehensive assessment of the Eligible Property.
5. Inspections may be conducted by appropriately qualified members of the Program Team.
6. The Participant must:
   1. provide the Program Team with safe and reasonable access to the Eligible Property;
   2. arrange all permissions, approvals, keys, access passes and escorts reasonably required to facilitate the inspection;
   3. provide any information reasonably requested by the Territory in connection with the inspection; and
   4. notify the Program Team of any known safety risks, hazards or access restrictions before the inspection.
7. The Territory may suspend, postpone or terminate an inspection where:
   1. access to the Eligible Property is not available;
   2. required approvals or permissions have not been obtained; or
   3. the Territory considers that undertaking the inspection would present a health or safety risk.

6. Program outcomes and no reliance

1. Following completion of the assessment, the Territory may provide the Participant with a report and other Program Outcomes relating to the Eligible Property.
2. Program Outcomes may include observations, findings, opportunities, constraints, recommendations, indicative cost estimates and potential electrification pathways for the Eligible Property.
3. The Participant acknowledges that any Report or other Program Outcomes:
   1. are provided for information purposes only and solely for the purposes of the Program;
   2. do not constitute engineering, design, financial, legal, regulatory or other professional advice;
   3. may identify potential options only and do not constitute a recommendation by the Territory that a particular course of action be undertaken;
   4. are based on information available to the Territory at the time of assessment, including information provided by the Participant and third parties;
   5. may be limited by the information available to the Territory and the areas accessible during the site visit; and
   6. may not identify every issue, risk, constraint, opportunity or cost relevant to the Eligible Property.
4. Any cost estimates included in the Program Outcomes are indicative only, have been prepared using information available to the Territory at the time of assessment, and are provided solely to inform preliminary planning. The Territory does not warrant the accuracy of any cost estimate.
5. The Territory does not warrant that the Program Outcomes are complete, accurate, free from error or suitable for any particular purpose.
6. The Participant must not rely on the Program Outcome or any cost estimate as the basis for any decision to undertake works, incur expenditure or enter contractual arrangements and remains responsible for obtaining any independent professional advice it considers necessary.

7.  Limitation of liability

1. The Territory will take reasonable care when conducting inspections under the Program. If the Participant reasonably believes that damage has been caused to the Eligible Property by the negligent act or omission of the Territory, the Program Team during an inspection, the Participant must notify the Territory as soon as reasonably practicable and provide reasonable particulars of the damage.
2. The Participant acknowledges that:
   1. any inspection undertaken as part of the Program is limited to the purposes of the Program;
   2. the inspection is not intended to constitute a comprehensive assessment of the Eligible Property, its condition, safety, compliance with applicable laws, or suitability for any particular purpose;
   3. any report, findings, observations or recommendations produced under the Program are based on information available to the Territory at the time of the inspection; and
   4. the Participant remains responsible for obtaining its own technical, financial, engineering, legal or other professional advice before making decisions in relation to the Eligible Property.

8. Information use and privacy

1. The Territory may use, publish and disclose De-identified Material, including findings, insights, lessons learned and other information derived from the Program, for policy development, research, evaluation, reporting and future program delivery purposes.
2. The Participant acknowledges and agrees that De-identified Material may be shared with other government agencies and the public.

Collection of Personal Information

3. The Territory may collect personal information (as defined in the Information Privacy Act 2014) from the Participant in connection with the administration of the Program, including names, contact details, utility billing information and other information reasonably required to assess eligibility, undertake assessments and prepare the Program Outcomes.

Use and disclosure

4. The Territory will handle personal information in accordance with the Information Privacy Act 2014.
5. The Participant consents to the Territory collecting, using and disclosing personal information for the purposes of:
   1. assessing eligibility for, and administering, the Program;
   2. undertaking building assessments and preparing Program Outcomes; and
   3. obtaining information relevant to the Program from utility retailers, Access Canberra and other relevant third parties.
6. Information provided to the Territory may be subject to disclosure under the Freedom of Information Act 2016 or other legal requirements.

Further information

7. Information about how the Territory collects, uses and discloses personal information, how individuals may seek access to or correction of their personal information, and how privacy complaints may be made is available in the ACT Government Information Privacy Policy at: https://www.planning.act.gov.au/about-us/privacy/information-privacy-policy.

9. Program changes

1. The Territory may, at its absolute discretion:
   1. amend, vary or update the Program, including its eligibility requirements, processes, timeframes and deliverables;
   2. suspend or terminate the Program at any time;
   3. decline to accept an application or approve participation in the Program;
   4. cease participation of a Participant in the Program where the Territory reasonably considers it appropriate to do so.
2. Participation in the Program does not create any entitlement to receive a site assessment, report, funding, rebate, subsidy, approval or any other benefit.