Proforma Agreement - Department of Education NSW

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NSW PREMIER’S TEACHER SCHOLARSHIPS
SCHOLARSHIP TERMS AND CONDITIONS
Premier’s Teacher Scholarships Secretariat
Department of Education and Training
GPO Box 33
SYDNEY NSW 2001
Tel: 02 9244 5008
Fax: 02 9244 5646
Email: awards@det.nsw.edu.au
Web: www.det.nsw.edu.au/awards
The award of a NSW Premier’s Teacher
Scholarship (“Scholarship”) is conditional on the
individual selected for the award or part award of a
Scholarship (“Recipient”) agreeing to be bound by
the following terms and conditions:
1.
2.
Terms
and
Conditions.
The
Recipient acknowledges that he or she has
complied with the Application Terms and
Conditions.
5.
Use of scholarship funds. Scholarship funds
must only be used for the purposes outlined
and budgeted for in the Recipient’s proposal
and approved by the Departments. The
Recipient is responsible for all additional
expenses.
6.
Summary of expenses and receipts. Recipients
must keep receipts for all expenses in excess of
$50.00. A copy of the receipts together with a
summary of expenses must be provided to the
Secretariat within fourteen (14) days of the
Recipient’s return to Australia.
7.
Refunding funds. Any unspent Scholarship
funds must be refunded to the Departments by
cheque made payable to the “Premier’s
Teacher Scholarships Secretariat” GPO Box
33, Sydney NSW 2001 within fourteen (14)
days of the Recipient’s return to Australia. The
Recipient may also be required to refund funds
not spent in accordance with the approved
budget or if the Recipient fails to comply with
these terms and conditions.
8.
Duration of scholarships. Scholarships are for
overseas study for up to five (5) weeks
duration. Projects must be completed within
this specified period. In special cases,
extensions of time may be granted upon written
request to the Secretariat.
9.
No deferral. Recipients must commence their
study by the date specified in their proposal
and approved by the Department. A later
Application
The Scholarship value at
the time of payment may be less than the
amount advertised. The Scholarship value is at
the sole discretion of the Departments and
subject to change without notice. The Recipient
is not eligible for any additional funds.
Scholarship amount.
3.
Income tax. The scholarship is not provided on
a tax-free basis. Recipients are advised to seek
advice from a professional tax adviser
regarding the tax payable on the Scholarship
funds.
4.
Payment of funds. Scholarship funds are paid as
a lump sum directly into the Recipient’s
nominated bank account prior to the
commencement date of the study. Payment
may be withheld until confirmation is received
that the Recipient has finalised his or her
itinerary, has all the necessary consents and
approvals to conduct the proposed study and
confirmation that he or she has complied with
these terms and conditions.
D2003/130643
commencement date may be requested in
writing from the Secretariat, however it will
only be granted in exceptional circumstances.
Foreign Affairs and Trade
accordance with that advice.
and
act
in
Recipients are solely responsible
for their health, safety and well being at all
times while overseas. This includes receiving
recommended inoculations and medication for
their proposed travel destination.
19. Health advice.
The Scholarship and Scholarship
funds are not transferable.
10. No transfer.
The award of a Scholarship is
contingent upon the teacher obtaining approval
from their school, institute or employing
authority to take leave from their school or
institute for the full duration of the Scholarship.
11. Leave.
Recipients must provide the
Secretariat with an itinerary thirteen (13) weeks
prior to the anticipated departure date. The
itinerary must be provided to the Secretariat by
the date specified and include all information
and supporting documentation requested
specified by the Secretariat.
12. Itinerary.
The Recipient agrees to
comply will all reasonable requests of the
Secretariat for additional information and
documentation and to provide all requested
information and documentation by the dates
requested.
13. Information requests.
Recipients from
the government sector require approval from
the Minister of Education and Training to
travel overseas. The Recipient agrees to be
bound by any conditions attached to such
approval. If approval is not given the Recipient
may no longer be eligible for the award of the
Scholarship.
14. Ministerial approval for travel.
of ministerial approval. Ministerial
approval for travel will be requested on behalf
of the Recipient by the Secretariat. The
Department gives no assurance that Ministerial
approval will be granted.
15. Request
Scholarship funds may be
applied towards to the cost of one return
economy airfare. Recipients are responsible for
making their own travel arrangements and
where possible must use an Australian airline
for their flights. Scholarship funds must not be
used to cover the costs of stopovers unless
unavoidable.
16. Travel arrangements.
Recipients are responsible
for obtaining all necessary passports, visas and
other travel documentation. The award of a
Scholarship or grant of ministerial approval
(where required) does not guarantee or provide
any representation that the Recipient is eligible
for a passport or visa to the intended
destination.
17. Passports and visas.
Recipients must consult the
travel advice issued by the Department of
The Recipient must take out
comprehensive travel and medical insurance
recommended for overseas travel to the country
or countries of destination. Scholarship funds
may be applied towards the cost of insurance.
20. Insurance.
The Recipient accepts all risks
resulting from their participation in the
Scholarship program and overseas study that
could result in loss, damage or injury. The
Recipient hereby releases the Departments
from all claims, demands and proceedings
arising from the Recipient’s participation in the
Scholarship program or overseas study and
indemnifies the Department against all liability
from all injury, loss or damage arising out of
their participation in the Scholarship program
or study. This is a continuing obligation on the
Recipient and will extend beyond the term of
the Scholarship.
21. Indemnity.
The Scholarship will
be withdrawn if the Recipient is found to have
breached any of these terms or conditions or if
he or she brings the Department, a sponsor of
the Scholarship or NSW teaching profession
into disrepute. The Scholarship may also be
withdrawn if the Recipient has not fulfilled the
Scholarship requirements or if the Recipient is
not making satisfactory progress. In serious
circumstances, the Recipient will be required to
repay all or part of the Scholarship funds to the
Department.
22. Withdrawal of Scholarship.
The Recipient must return
to the teaching profession in NSW for at least
twelve (12) months on completion of the study.
23. Return to Australia.
The Recipient is required to submit
to the Secretariat a detailed report in the form
and with the content specified by the
Secretariat (“Final Report”) within ninety (90)
days of the completion of the study tour. The
copy of the Final Report submitted will not be
returned.
24. Final report.
The Recipient warrants that the Final
Report is original and will not infringe any
third party intellectual property rights
(including copyright), defame any person or
persons, breach confidence nor contravene any
law.
25. Warranty.
18. Travel advice.
The Recipient hereby assigns
all intellectual property contained in the Final
26. Assignment of IP.
D2003/130643
Report to the Departments (including the right
to communicate to the public).
The Recipient consents for
the Departments to use or authorise the use of
the Final Report with or without amendment or
acknowledging the Recipient as author,
including posting the Final Report or parts of
the Final Report on the Departments’ web-site
or making the Final Report available to other
professional associations for dissemination.
27. Moral rights consent.
The Departments hereby grant
a non-transferable, non-exclusive copyright
licence to the Recipient to reproduce and use
the Final Report for teaching or assessment
purposes. Any other use of the Final Report
must be approved by the Departments in
writing.
28. Grant of licence.
The Recipient must not do any act
(including making any oral or written
communication) that could damage the
Department’s or any sponsor’s reputation, be
misleading or deceptive, result in victimisation
or harassment, lead to criminal or civil liability,
or be reasonably found to be offensive,
obscene, threatening, abusive or defamatory.
The Recipient must at all times be a good
ambassador for the Australian teaching
profession.
29. Conduct.
Recipients must comply with
all laws, rules, regulations, policies and
standards applicable to the teaching profession
in Australia and the overseas country or
countries and institutions which will be visited
by the Recipient.
30. Comply with laws.
The Recipient
agrees to support the Departments in
publicising and promoting the Scholarship
program. Recipients may, amongst other
things, be requested to write articles and make
presentations in relation to their experiences.
Prior to release of any material referring to the
Scholarship program, the Departments may
request a copy of such material for its approval.
The Recipient must comply with any such
request and comply with any conditions of
approval.
31. Publicity and ongoing support.
The Recipient consents for the
publication and/or use in any form of media of
his or her name, image, voice, statement, study,
reports or otherwise, without payment or
compensation.
32. Consent.
Any public lectures, media
releases, films, publications and/or other work
resulting from the Scholarship, must contain
the following acknowledgment: “This work
was produced by [insert Recipient’s name], a
recipient of a [insert full name of the
Scholarship and year], awarded by the Mr Bob
Carr Premier of New South Wales”.
33. Acknowledgment.
The Recipient consents for the
Departments and associated third parties to use
the
information,
including
personal
information, provided in the Application Form
and Final Report, for the purposes of assessing
the Recipient’s compliance with these terms
and conditions and for publicising the
Scholarships program.
34. Privacy.
The Recipient agrees to
provide the Departments and their appointed
auditors access to all financial records
(including bank and credit card statements) to
verify payment of the Scholarship funds and to
assess compliance with these terms and
conditions.
35. Access to records.
The Departments at
all times have the right to withdraw the
Scholarship and/or require the refund of the
Scholarship funds if the Recipient’s
circumstances change, including if the
Recipient is: (a) no longer teaching or eligible
to teach in NSW or (b) if in the Departments’
opinion the purpose for which the scholarship
was awarded may, by reason of the change, no
longer be substantially fulfilled; or (c) if the
Recipient fails to comply with these terms and
conditions.
36. Changes in circumstances.
37. Exceptions.
These terms and conditions are
standard for all Recipients. However,
exceptions may be granted to Recipients based
on their individual needs and circumstances.
These terms and conditions
are subject to change at any time without
notice.
38. Subject to change.
All references to “the
Departments” in these Terms and Conditions
means both the Premier’s Department NSW
and the Department of Education and Training.
All dollar amounts, including Scholarship
funds, are in Australian dollars.
39. Miscellaneous.
D2003/130643
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