What is a joint use arrangement of school facilities?
A joint use agreement can be entered into between the department and another party for investment in new or upgraded facilities on school sites. An agreement can be entered into with a local council, private organisation, not-for-profit, or sporting association, provided they do not interfere with the daily operation of schools and their safety. The facility is used by the school exclusively during school hours and by the community outside of school hours.
What are the benefits of entering into a joint use agreement?
As the State’s population grows, the demand for community access to infrastructure and facilities grows. Schools offer a unique opportunity to share public infrastructure and resources with the local community across the state, including in metro, regional and rural locations. Co-locating community facilities on school sites creates community, education and recreational hubs that enables the government to provide sustainable access to facilities and drives cost efficiencies and ensures our schools are public assets.
What are the costs of joint use investment on a school site?
Joint use agreements include an upfront capital investment and ongoing maintenance costs. Costs will be specific to the proposed facilities and site. In most instances, the Schools have access to the facilities exclusively during school hours while our partners have access outside of hours, including weekends, public holidays and school holidays. Fees paid must allow schools to recover maintenance and operational costs (for example, electricity, water and cleaning).
What is a shared use licences of school facilities?
A shared use licence for use of school facilities is a type of shared use arrangement without a capital investment. The licence will set out the terms of agreement, including ongoing maintenance and any hire fees.
If you are a commercial organisation, or wish to hire facilities for longer than 12 months, you will need to enter into a licence with the Department, as per the Sharing of School Facilities procedures.
You can submit an Expression of Interest (EOI) through School Infrastructure NSW's webform.
How do I register interest in a joint use project or shared use licence?
If you are interested in collaborating with SINSW for a joint use agreement or shared use licence, you can submit an Expression of Interest (EOI) through School Infrastructure NSW's webform.
Visit our Expressions of Interest page for open opportunities.
What is the purpose of an Expression of interest (EOI)?
The EOI process is designed to ensure a fair, equitable and transparent approach to engaging the market for shared use licences or joint use arrangements.
What is the application process for shared use licences and joint use agreements?
Step 1: EOI lodged via expression of interest form
All requests for shared use licences or joint use agreements are to be lodged through the Department’s expression of interest form.
Step 2: Departmental assessment
The department will undertake a preliminary assessment to confirm that the application:
- Addresses a particular infrastructure need within the school or local community
- Is an appropriate use of educational land as per the Sharing of School Facilities Procedures
- Demonstrates robust financial capacity
- Includes an appropriate commitment and understanding of sustainable maintenance contributions.
- Applicant has confirmed that if successful they will provide Public Liability Insurance with a minimum $20 million cover.
The department will also undertake a detailed site feasibility and cost assessment and validate that land isn’t required for future educational purposes, for example, to meet future enrolment growth.
Step 3: EOI published
Following the internal assessment, applicants are notified of the intent to publish the Expression of Interest. The open EOI is published on the School Infrastructure website and may be promoted by your local school, council and the department. The department also notifies peak sporting bodies and subscribers to our mailing list.
Interested parties have a 21-day window for submission. This ensures that, if other potential partners are interested in the opportunity, they can also express interest.
The Department notes that no commercial in-confidence will be shared as part of the EOI. The EOI will include proposed facilities only.
Step 4: Open Expression of Interest close and assessment
If another applicant lodges an EOI throughout the publication period, the Department will assess the applications according to the criteria outlined in Step 1 to determine the applicants suitability.
The Department will proceed to Step 6 with the original applicant if either:
- No additional applications are received, or
- Additional applications are received but are assessed as being unsuitable against the criteria set out in Step 1.
Step 5: Select tender process
If multiple applications are assessed as suitable at Step 4, the Department will commence a select tender process to determine the most suitable application.
Step 6: Formal negotiation with applicant
The Department will enter formal negotiations with the preferred applicant following the open EOI process and/or select tender process.
Throughout the assessment process the department may request additional information from the applicant.
What if another applicant expresses interest in the same opportunity during the advertisement period?
If multiple applicants' express interest in the same opportunity within the 21-day advertisement period, the department will assess the applications according to the criteria outlined in Step 1 to determine the applicants suitability.
If multiple applicants are assessed as suitable, the Department will instigate a select tender process to determine the most suitable application.
What happens if no other third-party expresses interest in the opportunity?
If no other applications are received during the 21-day notice period, the Department will enter formal negotiations with the initial applicant.
What are my obligations under a joint use agreement?
As part of the license negotiations, the Department and third party will negotiate clauses relating to sharing of the facility, hours of access, recurrent maintenance, capital works costs, costs of utilities, and governance.
Under a joint use agreement, how long will my licence term be for?
Licence terms will vary according to the scale of the joint use investment. The EOI will advise you of the licence terms for each opportunity.
I already have a joint use agreement with the Department and would like to build additional facilities in my licenced space. Does the EOI process apply to my organisation?
The process does not apply providing that the facilities are only constructed in already licenced space. To advise the Department of your proposal, please complete the licensee works - request for approval form.
If your proposal involves non-licenced space, you will need to complete an EOI process.
Can I supply my own contractors to construct a joint use facility?
No. Construction will be undertaken by pre-qualified contractors on applicable government panels. Once a licence has been awarded, the department will select a contractor or tender for a contractor if required. The ongoing works will also be project managed by the department and the works will need to meet planning and EFSG standards.
When do I need to provide funds for the joint use facility?
Can I partner with another entity for the joint use facility?
Yes, however the application needs to be submitted by one entity, with the partners noted in the application.
If I partner with another entity, will the licence be between my organisation and the department?
The licence (and heads of agreement) will be with the main contributor, unless the partner entity is a Council. If Council, the licence will be between the department and Council.
How will I be kept up to date with the construction work?
A Project Control Group (PCG) will be established for significant construction work. This will provide progress reports for the works onsite.
If my funding consists of grant contributions who is responsible for the grant reporting?
The organisation who applies for grant funding will be responsible for any future grant reporting requirements.
How long will the project take to complete?
The total time taken will vary for each project. You will be provided with an estimate expected completion timeframe prior to the commencement of the project. The PCG will provide further updates during the construction, should the expected completion date vary.
When will the project be deemed ready for use?
You will receive notification by the department when the project is ready for public use. Partners must request access to site prior to any visits. Users will not be able to access the facilities until it has been deemed safe and complete. An executed licence must also be in place between both parties prior to use.
I want to run a market on a school site, does the EOI process apply to me?
No. Under the Sharing of School Facilities Procedure, all markets are required to be tendered. Please reach out to your local school directly to discuss the potential to hold a market on that site.
Visit the markets page for more information.
I am interested in joint use for a recently announced school. Am I able to lodge an EOI?
Yes. The Department is interested in receiving EOIs for both established and new schools.
I am interested in partnering to deliver activities on school sites as part of the Share our Space program. Do I need to lodge an EOI?
How can interested parties stay informed about these opportunities?
To receive updates on available opportunities please subscribe here.
Another way to keep up to date is to frequently check for EOI opportunities on the School Infrastructure website.
Who should I contact if I want to explore joint use of a school facility?
