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Description
Language Training and Agreement document sample
Document Sample
«Language»
Asian Language Training Scholarship Program
Deed of Agreement
Parties
The Department Recipient
State of New South Wales by its NSW Department «First_name» «Surname»
of Education and Training as represented by
its Curriculum K-12 Directorate
Address 3A Smalls Road, Ryde NSW 2112 Address «Home_Address_1»
«Home_Address_2»
Contact David Jaffray, Senior Curriculum Adviser, Contact «Home_phone»
Asian Languages
Email David.Jaffray@det.nsw.edu.au Email «Email_1_DET»
«Email_2»
Phone 02 9886 7642 Phone «Home_phone»
Fax 02 9886 7160 Fax «Home_fax»
Background
The Asian Language Training Scholarship Program is a component of the NSW strategic plan to implement the
National Asian Languages and Studies in Schools Program (NALSSP). The NALSSP seeks to increase
opportunities for school students to become familiar with the languages and cultures of Australia’s Asian
neighbours, namely China, Indonesia, Japan and Korea.
The Asian Language Training Scholarship Program is funded by the Australian Government Department of
Education, Employment and Workplace Relations through the National Asian Languages and Studies in Schools
Program.
The Department, in response to application by the Recipient, has agreed to provide financial assistance to the
Recipient on the terms set out in this Deed of Agreement.
Schedule
Item 1 - The Program
Asian Language Training Scholarship Program
The Asian Language Training Scholarship Program is a three-year part-time program by distance delivery
involving a major in «Language» (and relevant methodology course where required) that will meet the
Department’s and the NSW Institute of Teachers’ academic requirements for teaching «Language». The
Recipient will receive a three-year sponsorship, at the University of New England (or such other
University/tertiary institution as the Department agrees to in writing from time to time) to be completed by
the end of the end of Semester 2, 2012.
NSW Department of Education and Training – Asian Language Training Scholarship Program 1
Item 2 – Benefits to be provided by the Department
Scholarship Funds to be provided by NSW DET
• Payment of university fees and in-country experience costs associated with the training program
(approximately $9 670)
• Twenty four (24) days of relief payments to support study requirements during the three-year program
(approximately $7 200)
• Nine (9) days of relief payments for mentoring support (approximately $2 700)
• Per diem during in-country experience at the Departmental rate current at the time (approximately
$2 400)
• Provision of mandatory prescribed material (course textbooks and dictionary). (approximately $1200)
Item 3 - Payment terms
Payment of fees for HECS-HELP and costs for the in-country experience (course, travel and accommodation)
will be made directly to the university or other approved provider.
Payment of relief to support study requirements will be made directly to the Recipient’s school.
Payment of relief for mentoring support will be made directly to the Recipient’s school.
Payment of the in-country per diem will be paid directly to the Recipient.
Item 4 – Special Conditions relating to Scholarship
See attached.
Item 5 – Scholarship term
Start Date Commencement of Semester 1, 2010
End Date End of Semester 2, 2012
Signatures
Signed for the Department by: Signed by the Recipient
Authorised officer’s signature Date Recipient's signature Date
Julie Flynn, Manager Languages «First_name» «Surname»
Print name of authorised officer Print name of Recipient
Witness signature Date Witness signature Date
David Jaffray
Print name of witness Print name of witness
NSW Department of Education and Training – Asian Language Training Scholarship Program 2
SPECIAL CONDITIONS (Item 4 of the Schedule)
Scholarship
1. The Recipient agrees to accept the scholarship and undertake the Program specified in Item 1 of the
Schedule on the terms and conditions set out in this agreement.
2. The Department has provided and/or will provide financial assistance, as described in Item 2 of the
Schedule to the Recipient.
3. Payment of Scholarships:
(a) The Department will pay university fees directly to the university.
(b) The Department will pay airfares, accommodation costs and course fees for the in-country experience
associated with the Scholarship program directly to the university or relevant provider.
(c) Twenty four (24) days of relief payments will be available to support study requirements during the
three-year program and will be paid by the Department directly to the Recipient’s school. No more
than eight (8) relief days will be paid in any twelve month period of the program.
(d) Nine (9) days of relief payments will be available for mentoring support and will be paid by the
Department directly to the Recipient’s school.
(e) An in country per-diem will be paid directly to the Recipient at Departmental rates current at the time
during the three-week in-country experience.
4. Expenditure of Scholarship funds: The Scholarship funds must only be used for the purposes applied for.
The Recipient will be responsible for all expenses additional to the Scholarship funds provided.
5. Tax: The Department cannot give advice on any tax consequences of receipt of Scholarship funds. The
Recipients may wish to seek their own advice.
6. No deferral: Unless otherwise approved by the Department the Recipient must commence their study by
the date specified following notification of the award of a Scholarship. A later commencement date will
only be approved in exceptional circumstances.
7. No transfer: The Scholarship and Scholarship funds are not transferable.
8. Information requests: The Recipient must comply with all reasonable requests by the Department for
additional information and documentation and provide any required information together with
documentation by the dates requested.
9. Completion of Program: The Recipient acknowledges that the Department, by entering into this Deed of
Agreement, is to provide costly support and mentoring to the Recipient based on representations made by
the Recipient, particularly in or in connection with the Recipient’s application for assistance, and
accordingly if the Recipient:
i. does not satisfactorily complete all components and obligations of the Program required by the relevant
higher education institution consisting of language study and methodology (where required) by the end
of Semester 2, 2012 to the satisfaction of the Department (as to which the Department shall be the sole
judge); or
ii. becomes aware they are unable to complete the Program by the due date for any reason they are
required to advise the Department in writing immediately; or
iii. refuses, fails or is unable to enter on duty at their school during or following completion of the Program;
or
iv. takes any period of unauthorised absence during the Program; or
v. resigns, retires or is dismissed from employment with the Department or accepts a position, other than a
position on promotion, which has been advertised for filling through a merit selection process; or
vi. is found to have made any misrepresentation, particularly in or in connection with the Recipients’s
application for assistance, as to:
NSW Department of Education and Training – Asian Language Training Scholarship Program 3
a. any pre-existing medical condition which may bear upon the ability of the Recipient to undertake and
complete the Program and fulfil the duties involved in their position;
b. the ability of the Recipient to undertake training and perform the duties at their school;
c. the Recipient having been, prior to the date of this Deed of Agreement, or becoming, during the
period of this Deed of Agreement, an"undischarged bankrupt"; or
vii. is found to have been or becomes an “undischarged bankrupt”; or
viii. is found to have a medical condition which renders the Recipient unable to complete the training or
fulfil the duties involved in their teaching position;
then the Recipient will:
ix. pay, without delay, to the Department, an amount equal to the financial assistance paid to or on behalf
of the Recipient by the Department under this Deed of Agreement (See Item 2). Where the Recipient has
served part of the service required by this Deed of Agreement, the amount due under this clause will be
reduced proportionately as exclusively determined by the Department.
10. Withdrawal of Sponsorship: The Department may, at its sole discretion, withdraw sponsorship of the
Recipient at any time during the Program. Under such circumstances, the Recipient will, without delay, pay
to the Department an amount equal to the financial assistance paid to or on behalf of the Recipient by the
Department under this Deed of Agreement. Where the Recipient has served part of the specified period
required, the amount due under this clause will be reduced proportionally.
11. Nothing in this Deed of Agreement shall be interpreted as affecting any right or power of the Department
or any of its officers or employees to:
i. dismiss, dispense with the services, annul the appointment of the Recipient or otherwise terminate his
or her employment; or
ii. otherwise deal with the Recipient in any way permitted by law; or
iii. stop providing financial assistance.
12. Resignation or retirement: The acceptance by the Director-General of the Department of any resignation
or retirement by the Recipient does not affect the rights of the Department under this Deed of Agreement.
13. Rights and obligations: The rights and obligations of the Department will be exercised by the Director-
General of the Department or his/her delegate.
14. Minimum number of semester language units: Recipients must complete at least six semester language
units or equivalent. Units credited through advanced standing by the University may be counted towards
the six units.
15. Maximum number of semester units: Recipients may complete up to eight semester units.
16. Unsatisfactory performance in a semester unit: Recipients whose standard of achievement in a semester
unit is determined by the University to be unsatisfactory will be required to repeat the unit at their own
expense. The completion period will be extended by the length of time required to repeat the unit
providing the Recipient submits a request for extension in writing to the Department.
17. Language teaching methodology: For Recipients who are not already qualified teachers of a language
other than English or English as a Second Language (ESL) the Scholarship Program will include two
mandatory language teaching methodology units.
18. In-country experience:
(a) The three week in-country experience is optional.
(b) It may be offered at the end of the first, second or third year of the university study program.
(c) It will be conducted during the summer school vacation.
NSW Department of Education and Training – Asian Language Training Scholarship Program 4
(d) It will not be offered and may be terminated while in progress if Australian Department of Foreign
Affairs and Trade advice is or becomes unfavourable for the destination.
19. Travel and health advice: Before departing for the in-country experience, the Recipient is expected to keep
up to date with travel and health advice for their destination issued by the Australian Department of
Foreign Affairs and Trade (“DFAT”) at www.dfat.gov.au. Further travel and health information may also be
made available at www.smartraveller.gov.au and www.health.nsw.gov.au.
20. Air Travel arrangements: Travel arrangements for the in-country experience will be made by the university
or other provider.
21. Passports and visas: The Recipient is responsible for obtaining all necessary passports, visas and other
travel documentation.
22. Travel at own risk: Recipients accept that:
(a) They travel at their own risk and in their own time;
(b) The Department accepts no responsibility for them or their conduct whilst they are overseas; and
(c) They are solely responsible for their own health, safety and well-being while overseas. This includes
(but is not limited to) taking account of DFAT travel and health advice and arranging for any
recommended inoculations and medication for their proposed travel destination.
23. Insurance: The Recipient must take out comprehensive travel and medical insurance recommended for
overseas travel to the country or countries of destination. Recipients are responsible for the cost of their
travel insurance.
24. Conduct whilst on Scholarship: Whilst a beneficiary of the Program the Recipient will make every
reasonable endeavour to:
(a) at all times be a good ambassador for the teaching profession
(b) avoid any act (including making any oral or written communication) that could damage the
Department’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; and
(c) 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
as a beneficiary of the Program.
25. Period of Commitment to teach the language: All Recipients agree to complete a Period of
Commitment to teach the language as follows:
25.1
(a) From the year after satisfactorily completing one year of the university program, Recipients who are
already qualified teachers of a language other than English or English as a Second Language (ESL)
must start teaching «Language» at junior secondary beginning level at their current school as
agreed to by their principal in their scholarship application.
(b) Recipients who on entry to the program are not qualified teachers of a language other than English
or ESL must start teaching «Language» at junior secondary beginning level at their current school in
the year after satisfactorily completing the language teaching methodology component of the
university program. The methodology component may be offered in the second or third year of the
university program.
(c) Recipients must make themselves available continuously to teach «Language» at their current or
future schools for at least twelve (12) school terms commencing with Term 1 of the year that they
are required to start teaching the language as determined by (a) and (b) above.
25.2
The obligations under clause 25.1 are for the benefit of the Department and do not create any
obligations on the part of the Department for the benefit of the Recipient.
NSW Department of Education and Training – Asian Language Training Scholarship Program 5
The Department does not warrant the satisfactoriness, suitability or benefit to the Recipient of the
Program. The Recipient warrants that he/she has made his/her own inquiries in that regard and places
no reliance on any representations made for or on behalf of the Department as to the quality or
content of the Program.
26. Mentoring support:
(a) The Department will provide a mentoring program to support the Recipient in their first year of
teaching the language.
(b) Nine (9) relief days (see Item 2 of the Schedule) will be available to facilitate the Recipient’s
involvement in the mentoring program.
27. Leave: During the period of the Scholarship and Period of Commitment to teach the language:
(a) Any period of unpaid leave or unauthorised absence exceeding five working days taken by the
Recipient will not count as service for the purposes of calculating the continuous period of service for
the Period of Commitment and will therefore extend the service commitment under this Agreement
accordingly. The granting of unpaid leave is at the discretion of the Department.
(b) Any period of Maternity Leave on full pay and/or any period of Long Service Leave on full pay counts as
service as required by this Deed of Agreement.
(c) Any period of Maternity Leave on half pay and/or any period of Long Service Leave on half pay counts
as service for only half of that period and will therefore extend the service commitment under this
Deed of Agreement accordingly.
(d) Any period of Maternity Leave on no pay does not count as service as required by this Deed of
Agreement and will therefore extend the service commitment under this Deed of Agreement
accordingly.
(e) The unpaid portion of any period of approved extended leave does not count as service as required by
this Deed of Agreement and will therefore extend the service commitment under this Deed of
Agreement accordingly.
(f) Service with the Department in a casual or temporary position will not count towards satisfying the
Period of Commitment and may, to the extent specified by the Department, extend the service
commitment under this Deed of Agreement accordingly.
(g) Service with the TAFE Commission will not count towards satisfying the Period of Commitment and will
therefore extend the service commitment under this Deed of Agreement accordingly.
28. Academic results: Recipients must sign a Sponsored Student Consent form giving permission to the
university to provide a copy of their academic results to the Department at the end of each semester and a
copy of their academic transcript at the conclusion of the program.
29. Withdrawal from Scholarship: Recipients must immediately notify the Department of any decision to
withdraw from the Program.
It is expected that Recipients would not seek to withdraw from the Program after they have accepted their
award of a Scholarship on these conditions, other than in exceptional circumstances, such as:
(a) they are no longer teaching or eligible to teach in NSW;
(b) other circumstances beyond their control that prevent them proceeding.
30. Repayment of Scholarship funds: The Recipient must repay to the Department Scholarship Funds
expended on their behalf within seven (7) days of notice to the Department that they have withdrawn from
the Program.
The Recipient may also be required to immediately repay to the Department Scholarship Funds expended
on their behalf if:
(a) they leave the teaching profession or become ineligible to teach
(b) there has been a failure on their part to comply with any of the conditions of this agreement; or
(c) they have provided incorrect information or withheld relevant information in their application.
It is anticipated that repayment of the value of spent Scholarship funds would not be required where a
NSW Department of Education and Training – Asian Language Training Scholarship Program 6
Recipient has withdrawn from the Program in circumstances that are essentially beyond their control.
However, they should be aware that the final decision as regards repayment in all cases rests with the
Department.
31. Repayment of costs for optional in-country experience: The Recipient must obtain the approval of the
Department for any proposed cancellation of travel in relation to the in-country experience. The Recipient
will be liable to pay back the costs for the in-country experience incurred by the Department if they cancel
travel arrangements made for them for reasons other than:
• Unfavourable DFAT warnings
• Illness or misadventure
• Circumstances beyond their control.
32. Liability for withdrawal from Scholarship: The Department will not be liable for any loss or damages
(including consequential loss, loss of opportunity or loss of income and even if the Department has been
advised of the possibility of such loss or damages) suffered by the Department which are caused by or arise
from a required repayment of all or part of the Scholarship funds in accordance with these conditions.
33. Privacy: The Recipient consents to the Department and associated third parties using the information,
including personal information, provided in their application, for the purposes of assessing their
compliance with these conditions. The Recipient acknowledges that, in the interests of proper and prudent
management of its Program, the Department may liaise with and share personal information about the
Recipient with other education authorities in both the public and private sector and authorises the
Department to produce this Deed of Agreement to those authorities to demonstrate the consent of the
Recipient to the Department requesting information be shared and to the other authorities providing
information to the Department.
34. Access to records: The Recipient agrees to give the Department 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 conditions.
35. This Deed of Agreement is supplementary to the employment conditions as detailed in any applicable
statute, award, agreement, determination or other industrial instrument or relevant to the NSW
Department of Education and Training policy.
36. The Recipient acknowledges that the receipt of financial assistance under this Deed of Agreement may
have taxation implications and may have implications in respect of Commonwealth benefits (such as Youth
Allowance, Austudy, Family Allowance and Childcare Benefits) and Commonwealth obligations (including
HECS, Medicare Levy and child support).
37. This Deed of Agreement is governed by the laws of New South Wales. Each of the parties irrevocably
submits to the jurisdiction of the courts of New South Wales. Any reference to legislation is to be read as
including any legislative provision replacing same.
38. The Recipient may not assign his/her rights arising out of or under this Deed of Agreement.
39. The Recipient will be provided with a copy of this Deed of Agreement. The original will be retained by the
Department.
40. Any section of, or the application of any section of, this Deed of Agreement which is prohibited in any
jurisdiction is ineffective in that jurisdiction only to the extent of the prohibition. Any section of, or the
application of any section of, this Deed of Agreement which is void, illegal or unenforceable in any
jurisdiction does not affect the validity, legality or enforceability of the remaining sections of the Deed of
Agreement, in that or any other jurisdiction.
41. The Recipient has had the opportunity to seek independent legal advice with respect to this Deed of
Agreement.
42. Any variation of this Deed of Agreement must be in writing and signed by the parties.
43. This Deed of Agreement supersedes all previous agreements in respect of its subject matter and embodies
the entire agreement between the parties.
44. The terms of this Deed of Agreement survive its termination to the extent permitted by law.
45. This Deed of Agreement shall be binding upon the Recipient and his or her heirs, executors, administrators.
NSW Department of Education and Training – Asian Language Training Scholarship Program 7
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