This by‑law sets detailed rules for awarding named scholarships, medals, prizes and bursaries from Technical Education Trust Funds to students at TAFE establishments. It specifies eligible courses, application and entry requirements, selection committees and the Statutory Trustee’s powers for each fund. It affects TAFE students who apply for these awards and the Statutory Trustee/selection committees who administer them, because it governs who may receive awards, how recipients are chosen, and how legacy arrangements from the earlier by‑law continue.
This By-law (Technical Education Trust Funds (TAFE Establishments) By-law 1997) prescribes how a set of named trust funds established under the Technical Education Trust Funds Act 1967 are to be administered in relation to awards, prizes, medals, scholarships and bursaries for students at TAFE establishments. Operationally the By-law does the following things.
Commencement and repeal: it commences 1 July 1997 (cl 2) and expressly repeals the prior Technical Education Trust Funds (Colleges) By-law 1985 while saving in-flight acts, applications and selection committees so that applications made under the 1985 By-law continue under this By-law (cl 18(1)-(3)). The published editorial note refers to the Interpretation Act 1987 s 39(2A) about Gazette publication timing.
Definitions and references: it defines TAFE establishment by reference to the Technical and Further Education Commission Act 1990 and defines the Act as the Technical Education Trust Funds Act 1967 (cl 3). The By-law therefore operates in the governance architecture created by those Acts, while supplying detailed procedural directions for particular funds.
Enumerates funds and sets award mechanics: for each named memorial fund it specifies (as applicable) the eligible course(s), the class of student eligible (completion of a course or being enrolled as at a date), how recipients are to be selected (highest average marks, most meritorious over a defined period, competency-based assessment, portfolio and application requirements, interviews), the composition and appointment of selection committees, the contents and form of applications and supporting material, the form of the award (medal, sum of money, return air ticket, living expenses), and any special conditions (e.g. undertakings by scholarship recipients to commence study, to report on it and to refund amounts if undertakings are not met) (see cll 5-17).
Current sections
Direct links to the current provisions in Technical Education Trust Funds (TAFE Establishments) By-law 1997.
The By-law was published in the Gazette on 25.7.1997.
The By-law appointed 1 July 1997 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the By-law is not invalid merely because the By-law was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the By-law is published in the Gazette, instead of from the earlier day.
The explanatory note and table of contents do not form part of this By-law.
5
John L Bruce Memorial Fund
5 John L Bruce Memorial Fund
5 John L Bruce Memorial Fund
(1) This clause relates to the John L Bruce Memorial Fund.
(2) The John L Bruce Memorial Prize may be awarded to a student at a TAFE establishment on completion by the student of any of the following courses:
(a) the Plumbing Trade Course (or any course that replaces that course),
(b) the Plumbing Services Course (or any course that replaces that course).
(3) The recipient of the John L Bruce Memorial Prize is to be the student who has done the most meritorious work over any 3 year period during the course, determined in the manner directed by the Statutory Trustee of the Fund.
6
William and Elizabeth Cuthbertson Memorial Fund
6 William and Elizabeth Cuthbertson Memorial Fund
6 William and Elizabeth Cuthbertson Memorial Fund
(1) This clause relates to the William and Elizabeth Cuthbertson Memorial Fund.
(2) The following awards may be awarded from that Fund:
(a) the William and Elizabeth Cuthbertson Memorial Medal and Prize,
(b) the William and Elizabeth Cuthbertson Memorial Prize.
(3) Each award may be awarded to a student at a TAFE establishment on completion by the student of the Diploma or Advanced Diploma of Marine Engineering courses (or any courses that replace those courses).
(4) The recipients of the William and Elizabeth Cuthbertson Memorial Medal and Prize and the William and Elizabeth Cuthbertson Memorial Prize are to be the students who obtain the highest average of all marks gained in all subjects in their course.
cl 6: Am 2013 (420), Sch 1 [1].
7
J P Franki Memorial Fund
7 J P Franki Memorial Fund
7 J P Franki Memorial Fund
(1) This clause relates to the J P Franki Memorial Fund.
(2) The J P Franki Medal and Prize may be awarded to a student at a TAFE establishment on completion by the student of the Marine Engineering Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the J P Franki Medal and Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
8
Thomas Irons Memorial Fund
8 Thomas Irons Memorial Fund
8 Thomas Irons Memorial Fund
(1) This clause relates to the Thomas Irons Memorial Fund.
(2) The Thomas Irons Memorial Medal may be awarded in yearly rotation to a student at a TAFE establishment in the metropolitan area of Sydney on completion by the student of a prescribed course.
(3) The prescribed courses and the order of rotation of those courses is as follows:
(a) Industrial Blacksmithing (or any course that replaces that course),
(b) Mechanical Engineering (or any course that replaces that course),
(c) Foundry (or any course that replaces that course),
(d) Patternmaking (or any course that replaces that course),
(e) Metal Fabrication and Welding (or any course that replaces that course).
(4) The recipient of the Thomas Irons Memorial Medal is to be the student who obtains the highest average of all marks gained in all subjects in the prescribed course for that year.
(5) If, in the opinion of the Statutory Trustee of the Fund, the results of the student who would otherwise be eligible to receive the award are not of a sufficiently high standard to warrant making the award to that student, the Thomas Irons Memorial Medal may be awarded to the student who obtains the highest average of all marks gained in all subjects in any of the other courses referred to in subclause (3) (taking into consideration the highest average of all marks gained in all subjects in each of the courses referred to in that subclause).
(6) If, in the opinion of the Statutory Trustee of the Fund, the income in the Fund is sufficient after providing for the Thomas Irons Memorial Medal, the Trustee may award an additional prize to a student on completion by the student of any of the courses referred to in subclause (3), upon such terms and conditions as the Trustee may determine.
9
A H Martin Memorial Prize Fund
9 A H Martin Memorial Prize Fund
9 A H Martin Memorial Prize Fund
(1) This clause relates to the A H Martin Memorial Prize Fund.
(2) The A H Martin Memorial Prize may be awarded to a student at a TAFE establishment on completion by the student of the Building Supervision Advanced Certificate Course (or any course that replaces that course).
(3) The recipient of the A H Martin Memorial Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
10
William King McLean Prize Fund
10 William King McLean Prize Fund
10 William King McLean Prize Fund
(1) This clause relates to the William King McLean Prize Fund.
(2) The William King McLean Prize may be awarded to a student at a TAFE establishment on completion by the student of the Building Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the William King McLean Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
11
Dr Purdy Memorial Fund
11 Dr Purdy Memorial Fund
11 Dr Purdy Memorial Fund
(1) This clause relates to the Dr Purdy Memorial Fund.
(2) The Dr Purdy Medal and Award may be awarded to a student at a TAFE establishment on completion by the student of the Health and Building Surveying Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the Dr Purdy Medal and Award is to be the student who, at the student’s first attempt, obtains the highest average of all marks gained in all subjects in that course.
(4) The Dr Purdy Medal and Award comprises a medal and a sum of money.
12
Mary Ellen Roberts Memorial Fund
12 Mary Ellen Roberts Memorial Fund
12 Mary Ellen Roberts Memorial Fund
(1) This clause relates to the Mary Ellen Roberts Memorial Fund.
(2) The Mary Ellen Roberts Memorial Scholarship may be awarded to a student at a TAFE establishment on completion by the student of the Fashion Technology Advanced Certificate Course (or any course that replaces that course).
(3) The recipient of the Mary Ellen Roberts Memorial Scholarship is to be the student who obtains the highest average of all marks gained in all subjects in that course.
(4) The Mary Ellen Roberts Memorial Scholarship is to be tenable upon such terms and conditions as the Statutory Trustee of the Fund may determine.
13
Barrington Raymund Roberts Memorial Fund
13 Barrington Raymund Roberts Memorial Fund
13 Barrington Raymund Roberts Memorial Fund
(1) This clause relates to the Barrington Raymund Roberts Memorial Fund.
(2) The Barrington Raymund Roberts Memorial Award for the promotion and encouragement of education in the industry sectors of tourism, hospitality and events, may be made to a student at a TAFE establishment on completion by the student of a course conducted through the Tourism, Hospitality and Events Training Package (or any training package that replaces that training package).
(3) Applications for the Barrington Raymund Roberts Memorial Award may be made each year following publication of end-of-year results by the TAFE establishment conducting the course.
(4) Applications must be made in writing to the Statutory Trustee of the Fund and must include the following:
(a) a completed application form (which may be obtained from the TAFE establishment),
(b) a current portfolio that includes the following:
(i) the reasons that the applicant has chosen his or her field of study,
(ii) the applicant’s academic transcript for the course conducted through the Tourism, Hospitality and Events Training Package at the TAFE establishment,
(iii) a description of the work experience undertaken by the applicant (paid and unpaid) as part of that course,
(iv) an expression of the applicant’s commitment to achieving excellence in his or her given field,
(v) any other information that the student considers relevant to the application,
(c) full details of the proposed study, training program or project to be undertaken by the applicant including the proposed length of the course, when it will be completed, the proposed cost of the course and any related costs,
(d) an outline of the proposed travel plans of the applicant, if applicable,
(e) a completed nomination in the form approved by the Statutory Trustee,
(f) such other TAFE NSW endorsements as are relevant to the application,
(g) a report on the student from a teacher of the course conducted through the Tourism, Hospitality and Events Training Package at the TAFE establishment in which the entrant is currently enrolled.
(5) The Statutory Trustee of the Fund is to award the Barrington Raymund Roberts Memorial Award to the most meritorious applicant in each year having regard to the following:
(a) the academic achievement of the applicant in a course conducted through the Tourism, Hospitality and Events Training Package (or any training package that replaces that training package),
(b) the merit of the proposed course or project to be undertaken by the applicant,
(c) the demeanour and personal presentation of the applicant during the interview with the selection committee.
(6) More than one Barrington Raymund Roberts Memorial Award may be awarded in any one year.
(7) The Statutory Trustee of the Fund may appoint a selection committee to consider applications and make recommendations in relation to the Barrington Raymund Roberts Memorial Award.
cl 13: Am 2013 (420), Sch 1 [2].
14
Noel Chettle Memorial Art Prize Fund
14 Noel Chettle Memorial Art Prize Fund
14 Noel Chettle Memorial Art Prize Fund
(1) This clause relates to the Noel Chettle Memorial Art Prize Fund.
(2) The Noel Chettle Memorial Art Prize may be awarded in any year to a student at a TAFE establishment who, as at 30 September in that year, is enrolled in a course of training conducted as part of the visual arts or design programs.
(2A) The Noel Chettle Memorial Art Prize is to be awarded annually or, if the Statutory Trustee of the Fund determines that income in the Fund is insufficient to support an annual award, every second year.
(2B) If the Statutory Trustee determines that the Noel Chettle Memorial Art Prize is to be awarded in any year, the Trustee is to publish a notice to students to that effect by 31 July in that year.
(3) Entries in any year for the Noel Chettle Memorial Art Prize must be lodged, on or before 30 September in that year, with an officer specified by TAFE NSW.
(4) An entry in any year for the Noel Chettle Memorial Art Prize must:
(a) specify the name of the entrant, and
(b) indicate whether the entrant has, or is the child of a person who has, been on active service in a war zone as a member of the Australian Defence Force, and
(c) certify that the works accompanying the entry have been completed within the preceding period of 2 years, and
(d) be verified in writing by a teacher of the visual arts or design programs:
(i) who is teaching the course of training in which the entrant is currently enrolled, or
(ii) who is of or above the rank of teacher and has management responsibility for visual arts or design.
(5) The works accompanying an entry must consist of the following:
(a) a life portrait,
(b) a life drawing of a male,
(c) a life drawing of a female,
(d) a life drawing that includes hands and feet,
(e) a sketch book containing not more than 20 sketches.
(6) The works accompanying an entry:
(a) must, in the case of the life portrait, have dimensions not exceeding 1200 millimetres by 1200 millimetres and, in the case of the other works, have dimensions not exceeding 900 millimetres by 1200 millimetres, and
(b) in the case of the life portrait, must be executed in oil paint or acrylic paint, and
(c) in the case of the other works, must be executed in any medium commonly used in the production of a drawn work, and
(d) must not be executed with the aid of photo-release techniques or by means of tracings from photographs.
(7) The Statutory Trustee of the Fund is to appoint a selection committee to award the Noel Chettle Memorial Art Prize.
(8) The selection committee is to consist of the following:
(a) two teachers of the relevant visual arts or design programs who are teaching at different delivery locations,
(b) (Repealed)
(c) a person who is, in the opinion of the Statutory Trustee of the Fund, an Australian artist who has made a significant contribution to art.
(9) The Noel Chettle Memorial Art Prize is to be awarded to the entrant whose works exhibit, in the opinion of the selection committee, the highest standard of draughtsmanship and construction.
(10) However:
(a) if, in the opinion of the selection committee, the works of 2 or more entrants are of equal merit, preference may be given to an entrant who has, or who is a child of a person who has, been on active service in a war zone as a member of the Australian Defence Force, or
(b) if, in any year, the selection committee is of the opinion that no entrant merits the award of the Noel Chettle Memorial Art Prize, it may refuse to make an award for that year.
(11) The decision of the selection committee in respect of an award is final.
cl 14: Am 29.9.2000; 2013 (420), Sch 1 [3]–[5].
15
Coachbuilders 1914–1919 War Memorial Bursary Fund
15 Coachbuilders 1914–1919 War Memorial Bursary Fund
15 Coachbuilders 1914–1919 War Memorial Bursary Fund
(1) This clause relates to the Coachbuilders 1914–1919 War Memorial Bursary Fund.
(2) The Coachbuilders 1914–1919 War Memorial Bursary may be awarded to a student at a TAFE establishment on completion by the student of any vehicle body trade course.
(3) The recipient of the Coachbuilders 1914–1919 War Memorial Bursary is to be the student who is assessed as achieving the highest level of competency based training skills in that course.
cl 15: Am 2010 (494), cl 3.
16
Institute of Mechanical Engineering Craftsmen Prize Fund
16 Institute of Mechanical Engineering Craftsmen Prize Fund
16 Institute of Mechanical Engineering Craftsmen Prize Fund
(1) This clause relates to the Institute of Mechanical Engineering Craftsmen Prize Fund.
(2) The Institute of Mechanical Engineering Craftsmen Prize may be awarded to a student at a TAFE establishment on completion by the student of the Mechanical Engineering Trade Certificate Course (or any course that replaces that course).
(3) The recipient of the Institute of Mechanical Engineering Craftsmen Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
17
TAFE NSW Bicentenary Oliver Shaul Scholarship Fund
17 TAFE NSW Bicentenary Oliver Shaul Scholarship Fund
17 TAFE NSW Bicentenary Oliver Shaul Scholarship Fund
(1) This clause relates to the TAFE Bicentenary Oliver Shaul Scholarship Fund.
(2) The TAFE Bicentenary Oliver Shaul Scholarship may be awarded to a student at a TAFE establishment on completion by the student of the TAFE NSW Commercial Cookery Trade Course.
(3) The TAFE Bicentenary Oliver Shaul Scholarship comprises:
(a) one return air ticket to an international destination, and
(b) living expenses and additional travel costs of the recipient for a period of not less than 3 months,
(as determined by the Statutory Trustee of the Fund) for the purpose of undertaking a proposed study or training program in a restaurant or hotel kitchen of international reputation.
(4) An applicant for the TAFE Bicentenary Oliver Shaul Scholarship must lodge an application to participate in the scholarship (in the form approved by the Statutory Trustee of the Fund) on or before the last Friday of May during the applicant’s final year of study in the TAFE NSW Commercial Cookery Trade Course.
(5) An applicant for the TAFE Bicentenary Oliver Shaul Scholarship must include with the application:
(a) a current portfolio, including results achieved in the TAFE NSW Commercial Cookery Trade Course, and
(b) full details of the applicant’s proposed study or training program, and
(c) an outline of proposed travel plans, and
(d) an estimated outline of costs, and
(e) endorsements from the applicant’s employer and a representative from the applicant’s TAFE establishment.
(6) All applicants must be available to attend an interview as part of the selection process for the TAFE Bicentenary Oliver Shaul Scholarship.
(7) The Statutory Trustee of the Fund is to appoint a selection committee to award the TAFE Bicentenary Oliver Shaul Scholarship.
(8) The selection committee is to consist of a minimum of three persons including:
(a) Oliver Shaul or his nominee (as chairperson), and
(b) an industry representative, and
(c) a TAFE Establishment representative.
(9) In the case where a fourth person is to be appointed, that person is to be a representative of a professional industry body.
(10) The selection committee is to award the TAFE Bicentenary Oliver Shaul Scholarship to the most meritorious applicant in each year having regard to the applicant’s:
(a) academic achievement in the TAFE NSW Commercial Cookery Trade Course, and
(b) commitment to the goal of achieving excellence in the field of Commercial Cookery in Australia, and
(c) capacity to be an Australian goodwill ambassador overseas.
(11) The decision of the selection committee in respect of an award is final.
(12) The recipient of the TAFE Bicentenary Oliver Shaul Scholarship must give the following undertakings:
(a) to commence the proposed study or training program within 6 months of being awarded the Scholarship,
(b) to report on the study or training program, on its completion, at a number of venues to be determined by that part of the TAFE Commission with management of the TAFE NSW Commercial Cookery Trade Course,
(c) to refund any part or the whole of the TAFE Bicentenary Oliver Shaul Scholarship if the recipient fails to fulfil either or both of the undertakings as outlined in paragraphs (a) and (b).
(13) Expenses related to the report on the proposed study or training program by the recipient of the TAFE Bicentenary Oliver Shaul Scholarship are to be provided from the TAFE Bicentenary Oliver Shaul Scholarship Fund.
(14) A reference in this clause to the TAFE NSW Commercial Cookery Trade Course includes a reference to any course that replaces that course.
cl 17: Subst 31.7.1998. Am 2013 (420), Sch 1 [6]–[8].
17A
17A
17A (Repealed)
18
Repeal and savings
18 Repeal and savings
18 Repeal and savings
(1) The Technical Education Trust Funds (Colleges) By-law 1985 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Technical Education Trust Funds (Colleges) By-law 1985, had effect under that By-law is taken to have effect under this By-law.
(3) In particular:
(a) an application or entry that was made under the Technical Education Trust Funds (Colleges) By-law 1985 that had not been withdrawn or determined before the repeal of that By-law is taken to be an application or entry under this By-law, and
(b) a selection committee that was appointed under the Technical Education Trust Funds (Colleges) By-law 1985 is taken to be a selection committee appointed under this By-law.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of By-law
1 Name of By-law
1 Name of By-law
This By-law is the Technical Education Trust Funds (TAFE Establishments) By-law 1997.
2 Commencement
2 Commencement
2 Commencement
This By-law commences on 1 July 1997.
Editorial note—
The By-law was published in the Gazette on 25.7.1997.
The By-law appointed 1 July 1997 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the By-law is not invalid merely because the By-law was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the By-law is published in the Gazette, instead of from the earlier day.
3 Definitions
3 Definitions
3 Definitions
In this By-law:
TAFE establishment has the same meaning as in the Technical and Further Education Commission Act 1990,
the Act means the Technical Education Trust Funds Act 1967.
4 Notes
4 Notes
4 Notes
The explanatory note and table of contents do not form part of this By-law.
5 John L Bruce Memorial Fund
5 John L Bruce Memorial Fund
5 John L Bruce Memorial Fund
(1) This clause relates to the John L Bruce Memorial Fund.
(2) The John L Bruce Memorial Prize may be awarded to a student at a TAFE establishment on completion by the student of any of the following courses:
(a) the Plumbing Trade Course (or any course that replaces that course),
(b) the Plumbing Services Course (or any course that replaces that course).
(3) The recipient of the John L Bruce Memorial Prize is to be the student who has done the most meritorious work over any 3 year period during the course, determined in the manner directed by the Statutory Trustee of the Fund.
Discretion, timing and frequency rules: the By-law repeatedly places discretion in the Statutory Trustee of the Fund to determine procedures, appointments, and whether income is sufficient to support an award in a given year (for example cl 8(5), cl 14(2A), cl 17(3), cl 13(7)). It also provides technical detail such as the dimensions and media permitted for artworks for the Noel Chettle Memorial Art Prize (cl 14(5)-(6)), and specific deadlines and lodgement procedures for some awards (cl 13(3)-(4), cl 17(4)-(6), cl 14(2B)-(4)).
Finality of selection: several clauses state that the decision of the selection committee is final (for example cl 14(11), cl 17(11)). That is an express contractual or administrative finality provision applying to award determinations under the By-law.
Mechanically, the By-law replaces an older regime, consolidates procedural rules for many discrete memorial funds, and devolves operational authority to the Statutory Trustee and to appointed selection committees while setting eligibility, evidentiary and form requirements for applicants and award recipients (cll 3, 5-18).
Main concepts
The By-law is short and focused. Its main legal and administrative concepts are these.
Statutory Trustee of the Fund: the recurring decision-maker. The By-law repeatedly authorises the Statutory Trustee to determine selection procedures, appoint selection committees, set terms and conditions for awards and in one instance to award additional prizes where fund income permits (see cl 5(3), cl 6(4), cl 8(5)-(6), cl 13(7), cl 17(7)-(10)). The By-law does not restate the Trustee’s broader statutory duties or investment powers; those are matters under the enabling Act.
Eligibility based on course completion or enrolment: most awards are to be made to students “on completion” of a specified TAFE course or to students enrolled as at a specified date (cl 5(2), cl 6(3), cl 14(2), cl 17(2)). The By-law therefore ties awards to discrete attainment events rather than to prospective selection during studies (exceptions or added conditions appear where clauses expressly allow).
“Or any course that replaces that course”: almost every clause uses this phrase (for example cl 5(2), cl 6(3), cl 17(14)). That concept anticipates curriculum change and allows successor courses to remain eligible without legislative amendment. The By-law does not define who determines whether a new course “replaces” an older course; in practice the Statutory Trustee or the TAFE authority will be the decision-makers for such a determination because they administer the awards.
Methods of selection and criteria: the By-law specifies different selection criteria depending on the fund. Typical criteria include highest average marks across subjects (for example cl 6(4), cl 7(3), cl 9(3), cl 10(3), cl 11(3)), meritorious work over a period (cl 5(3)), competency assessment (cl 15(3)), portfolio-based assessment and interview judged criteria (cl 13(5) for the Barrington Raymund Roberts Award), and artistic merit judged by draughtsmanship and construction with very specific work content and size restrictions for the Noel Chettle Art Prize (cl 14(4)-(6), cl 14(9)).
Selection committees and composition: the By-law frequently requires appointment of a selection committee and specifies minimum composition for particular prizes (for example cl 14(7)-(8) requires two teachers at different delivery locations plus an Australian artist; cl 17(8)-(9) prescribes Oliver Shaul or nominee as chair, an industry representative, and a TAFE representative).
Administrative conditions and undertakings: some awards require formal applications, portfolios, endorsements and teacher reports (cl 13(4), cl 14(3)-(4), cl 17(4)-(5)). Some awards require post-award undertakings such as commencement of study and reporting and include refund provisions if the recipient fails to fulfil those undertakings (cl 17(12)(a)-(c)).
Income-based frequency: the By-law lets the Trustee decide whether annual awards are affordable given Fund income (Noel Chettle cl 14(2A); Thomas Irons cl 8(6) allows an additional prize only if income is sufficient). The By-law therefore embeds financially contingent awarding.
Finality clause: for at least two funds the By-law states that the decision of the selection committee is final (cl 14(11), cl 17(11)). This is an explicit limitation on internal reconsideration of outcomes under the By-law.
These concepts show the By-law functions as a ruleset that converts fund corpus and generated income into recurring and contingency-based benefits for particular cohorts of TAFE students, administered primarily by the Statutory Trustee and by selection committees whose membership the By-law often prescribes.
Who it affects
The By-law creates duties, rights and administrative steps that affect a small, well-defined set of actors.
Statutory Trustee of each named Fund: the Trustee is the central decision-maker. The Trustee must determine recipients in the manner directed (for example cl 5(3)), appoint selection committees (cl 13(7), cl 14(7)), determine conditions of scholarships (cl 12(4)), decide whether fund income supports annual awards (cl 14(2A), cl 8(6)), and may award additional prizes if income permits (cl 8(6)). The Statutory Trustee therefore bears administrative, decision-making and discretionary obligations under the By-law.
Selection committee members: teachers, industry representatives, nominated persons (for example Oliver Shaul or nominee), and artists are specified as members of committees for particular awards (cl 14(8), cl 17(8)). Committee members are tasked with assessing merit, interviewing candidates and making final recommendations or decisions. For some awards the selection committee’s decision is final (cl 14(11), cl 17(11)), making committee members de facto adjudicators of entitlement to benefits.
TAFE students and applicants: students are the primary beneficiaries. Eligibility is usually limited to students who have completed a specified TAFE course or are enrolled by a particular date (cl 5(2), cl 6(3), cl 14(2), cl 17(2)). Applicants must meet documentary and procedural conditions for certain awards (for example cl 13(4) sets out portfolio and application form requirements; cl 17(4)-(6) lists required application attachments and interview requirements). Scholarship recipients have post-award obligations (cl 17(12)).
TAFE establishments and teachers: TAFE establishments have a role as platforms for applications and verifiers. For Noel Chettle entries are lodged with an officer specified by TAFE NSW (cl 14(3)); teacher verification is required for art prize entries (cl 14(4)(d)). Teachers are required to verify entries (cl 14(4)(d)) and provide reports (cl 13(4)(g)).
Employers and industry bodies: for some awards endorsements from an employer and industry representatives are required or included in the selection committee (cl 17(5)(e), cl 17(8)(b)). Industry bodies may be represented in selection committees where provided for by the clause.
Fund beneficiaries and the public: although not parties to decisions, the funds pay for awards that may include travel, living expenses and monetary sums (cl 17(3), cl 11(4)). The By-law also requires publication of notices in at least one instance (Noel Chettle cl 14(2B) requires the Trustee to publish notice to students by 31 July if the prize is to be awarded that year), which affects transparency and notification to the student population.
Who does not appear as a primary actor: the By-law contains no direct enforcement or penalty provisions aimed at students or committees, and it does not create duties for private third parties beyond the specific requirements (endorsements, teacher reports, employer endorsements). It does not itself create or vest fund corpus; it prescribes administration of existing funds, so trustees and TAFE administrative staff bear the compliance and operational costs.
Key duties and rights
The By-law allocates a set of duties, discretions and rights across trustees, selection committees, students and TAFE establishments. Below are the principal operational duties and the rights they generate.
Trustee duties and powers
Appointment and delegation: the Statutory Trustee may appoint selection committees to consider applications and make recommendations in relation to the awards (for example cl 13(7), cl 17(7)). The Trustee also determines procedures for awarding (cl 5(3), cl 6(4)).
Discretion on income and additional awards: the Trustee decides whether fund income is sufficient to support annual awards or additional prizes (cl 8(6), cl 14(2A)). That is an express financial gatekeeping power.
Specification of form and terms: the Trustee may determine the terms and conditions of some awards, notably scholarships (cl 12(4) gives the Trustee power to determine terms for the Mary Ellen Roberts Memorial Scholarship; cl 17(3) specifies scholarship components and cl 17(12) prescribes undertakings).
Selection committee duties and rights
Assessment and decision-making: committees are responsible for assessing entries and awarding prizes in line with the By-law criteria. For certain awards their decisions are final (cl 14(11), cl 17(11)).
Composition obligations: where clauses prescribe composition they must be followed (cl 14(8), cl 17(8)-(9)). The committee has discretion in subjective assessments such as “meritorious work” (cl 5(3)) and “highest standard of draughtsmanship and construction” (cl 14(9)).
Applicant and recipient duties and rights
Eligibility and evidence: students have the right to apply for awards if they meet eligibility (completion of specified course or enrolment at a date). They must provide forms, portfolios, teacher verification, transcripts and other supporting materials where required (cl 13(4), cl 14(4), cl 17(5)).
Undertakings for scholarships: scholarship recipients must undertake to commence proposed study/training within six months and to report on completion. They are subject to refund obligations if they fail to meet those undertakings (cl 17(12)(a)-(c)). The By-law gives the Trustee power to call for refunds in those circumstances.
Entitlement to award components: recipients are entitled to the specific components set out in the clause for that fund, for example medal and monetary award (cl 11(4)), or return air ticket and living expenses for the Oliver Shaul Scholarship (cl 17(3)(a)-(b)).
TAFE and teacher obligations
Lodgement and verification: TAFE establishments are the lodgement points for entries and are required to specify an officer to receive entries (cl 14(3)). Teachers must verify entries and provide reports when called for (cl 14(4)(d), cl 13(4)(g)).
Procedural rights and constraints
Finality and non-review: where the By-law states that the selection committee’s decision is final (cl 14(11), cl 17(11)), applicants have an administrative reality that the committee’s determination is conclusive for the By-law’s internal processes. The By-law does not itself create appeal mechanisms or other remedies.
The By-law does not impose criminal sanctions or civil penalties within its text for non-compliance by applicants or committees. The Trustee’s rights to require refunds of scholarship monies (cl 17(12)(c)) is the principal financial enforcement mechanism expressed in the By-law.
Penalties and enforcement
The By-law contains no express criminal sanctions, pecuniary penalty provisions or formal enforcement processes beyond the administrative and contractual mechanisms it establishes for awards. Its enforcement architecture is therefore administrative and fund-centred. Key enforcement and compliance mechanisms visible in the text are these.
Refund undertakings: the clearest coercive tool in the By-law is the scholarship refund requirement. The recipient of the TAFE Bicentenary Oliver Shaul Scholarship must give undertakings to commence the study within six months and to report on completion, and must “refund any part or the whole” of the scholarship if the recipient fails to fulfil those undertakings (cl 17(12)(a)-(c)). That clause operates as an enforceable post-award condition that can be invoked by the Trustee to recoup funds.
Financial gatekeeping by Trustee: the Statutory Trustee is authorised to determine whether income is sufficient to support awards (cl 14(2A), cl 8(6)). This is not a sanction but is a control over distribution of fund assets and therefore indirectly enforces financial discipline on awarding.
Finality of selection committee decisions: the By-law places final decision-making power with selection committees for at least two awards (cl 14(11) and cl 17(11)). That limits administrative re-opening under the By-law. The By-law does not itself address judicial review or external remedies; it simply establishes internal finality.
No specified audit, penalty or compliance regime: the By-law does not set out annual reporting, external audit requirements, or penalties for trustees or committee members who fail to follow the By-law. The absence of such provisions means enforcement of compliance with the By-law’s procedural requirements would rely on the Trustee’s own governance, obligations under the enabling Act, or general public law obligations outside the By-law (the By-law does not itself cite external enforcement routes).
Savings and continuity: cl 18 protects ongoing applications and selection committees by taking applications and committees existing under the repealed 1985 By-law to be applications and committees under this By-law. That is an administrative continuity mechanism to avoid enforcement gaps during transition.
Because the By-law is largely a procedural instrument governing fund administration, its primary enforcement is the Trustee’s ability to make or withhold awards and to require refunds where conditions are breached (cl 17(12)(c)). The By-law does not create standalone statutory offences or specify pecuniary penalties for breaches of application rules or misstatements in applications, at least within the text provided.
How it interacts with other laws
The By-law exists within a statutory framework that it explicitly references and within which it must operate. The text itself makes these interconnections.
Technical Education Trust Funds Act 1967 (the Act): the By-law defines “the Act” as the Technical Education Trust Funds Act 1967 (cl 3). The By-law is therefore an instrument subordinate to the Act and is intended to regulate the administration of trust funds established under that Act. Powers and duties of the Statutory Trustee and fund governance likely arise from the Act, and the By-law provides detailed administrative rules for particular funds. The By-law does not reproduce the Trustee’s foundational powers, which will still be found in the Act.
Technical and Further Education Commission Act 1990: the By-law defines “TAFE establishment” with the same meaning as in that Act (cl 3). The status of persons as students and the institutional context for application lodgement and course replacement will be informed by the definitions and structures in that Act.
Interpretation Act 1987: the editorial note accompanying commencement refers to Interpretation Act 1987 s 39(2A), which addresses the effect of publication in the Gazette after the stated commencement date. That note records that, despite the By-law appointing 1 July 1997 as the commencement, Publication in the Gazette on 25 July 1997 affects the commencement date for any provisions that would otherwise be invalid by retroactivity. This is an administrative point about commencement formalities rather than a policy interaction.
Repeal and savings: by repealing the 1985 By-law and preserving existing applications and committees (cl 18), the instrument interacts with prior subordinate legislation. That ensures transition without extinguishing pending rights created under the old instrument.
Administrative law and general public law: although the By-law contains finality clauses for selection committees (cl 14(11), cl 17(11)), any external legal review (for example judicial review of administrative decisions) is governed by general public law and is not determined by the By-law text. The By-law is silent on this point and does not purport to exclude external legal remedies.
Contract and restitution law: the scholarship refund clause (cl 17(12)(c)) creates a contractual or trust-based obligation to refund amounts. The legal mechanics of enforcing that obligation (for example whether it is enforced under trust law, contract law or statutory power of the Trustee) will depend on the enabling Act and general law. The By-law itself creates the obligation.
In short, the By-law is an instrument that operates within the governance architecture established by the Act and the TAFE Commission Act. It supplies administrative details for fund operation and is intended to be read alongside those Acts. The By-law does not itself alter the primary statutory powers of trustees but channels certain discretions (appointment of committees, determination of terms, income sufficiency tests) to the Statutory Trustee.
Amendment history
The By-law text includes several editorial amendment notations, indicating modifications after its initial enactment. The By-law as provided includes explicit amendment references for particular clauses. Key amendment facts recorded in the By-law are these.
Clause 2 commencement: the By-law commenced on 1 July 1997 and was published in the Gazette on 25 July 1997. The editorial note refers to the Interpretation Act 1987 s 39(2A) in relation to publication timing.
Clause 17 (TAFE NSW Bicentenary Oliver Shaul Scholarship Fund): the clause was substituted on 31 July 1998 (note “Subst 31.7.1998”) and later amended in 2013 (2013 (420), Sch 1 [6]-[8]). The substitution indicates a substantive rework of the scholarship provisions in 1998 and further editorial or content amendments in 2013.
Clause 17A: had been inserted 28 November 1997 and later repealed in the 2013 amendment (cl 17A: Ins 28.11.1997. Rep 2013 (420), Sch 1 [9]). The insertion and later repeal indicate mid-term changes were made and later cleaned up.
Clause 6 (William and Elizabeth Cuthbertson Memorial Fund): amended 2013 (2013 (420), Sch 1 [1]). The amendment probably adjusted awarding or selection wording.
Clause 13 (Barrington Raymund Roberts Memorial Fund): amended 2013 (2013 (420), Sch 1 [2]). The particulars indicate the application content and selection process text was revisited.
Clause 14 (Noel Chettle Memorial Art Prize Fund): amended 29 September 2000 and again in 2013 (2013 (420), Sch 1 [3]-[5]), with insertion of frequency rule (cl 14(2A)) and publication deadline (cl 14(2B)) as part of later amendments.
Clause 15 (Coachbuilders 1914-1919 War Memorial Bursary Fund): amended 2010 (2010 (494), cl 3) which updated criterion to competency-based training skills assessment.
Clause numbering and small edits: the By-law marks where subclauses have been repealed or altered (for example cl 14(8)(b) is marked Repealed), indicating incremental editorial updates.
The amendment notes are limited to inline references in the text provided and cite Acts or Gazette entries by year and schedule/column numbers. The By-law does not include a consolidated schedule of every amendment history beyond those inline annotations. For a complete legislative history, the enabling legislation’s official consolidation and the NSW legislation register should be consulted to reconcile the By-law with later amendments and current in-force text.
Litigation history
The By-law text supplied contains no references to litigation or case law. It does not cite judicial authorities and names no decisions. The instrument itself is an administrative subordinate instrument governing trust fund awards and does not include any annotated case references.
Because the By-law contains finality clauses for selection committee decisions (for example cl 14(11) and cl 17(11)), parties dissatisfied with an outcome might consider remedies outside the By-law text such as judicial review on public law grounds. The By-law does not address whether its finality clauses are intended to oust judicial review, and the text does not cite relevant authorities. Any litigation history involving these funds, trustees, selection decisions or the By-law would therefore need to be researched in external case law databases and via the court records; none is provided in the instrument itself.
Gotchas
This By-law contains several provisions that can cause operational surprises if not read carefully.
“On completion” eligibility requirement: many awards are explicit that the prize is to be awarded “on completion” of a specified course (for example cl 5(2), cl 6(3), cl 7(2), cl 11(2)). That means mere enrolment or partial completion will generally not confer eligibility; timing of award processes must align with completion events.
“Or any course that replaces that course” is used repeatedly: the phrase avoids needing frequent legislative updates when courses are restructured, but it is not defined. The By-law is silent on who makes the replacement determination. Practically, the Statutory Trustee or TAFE body will decide whether a new course is a replacement, which creates an administrative discretion that may affect eligibility.
Finality of selection committee decisions: for certain awards the By-law expressly makes the selection committee’s decision final (cl 14(11), cl 17(11)). That removes an internal appeal route under the By-law and may limit the available internal remedies, though external judicial review is a separate matter not addressed by the By-law text.
Strict artistic entry requirements and dimensions: the Noel Chettle Memorial Art Prize requires a specified set of works, media restrictions and maximum dimensions (cl 14(5)-(6)). Non-compliant entries risk rejection. In addition, teacher verification is mandatory (cl 14(4)(d)).
Documentary and timeline requirements: some awards have tight deadlines and defined lodgement points (cl 13(3) “applications may be made each year following publication of end-of-year results”; cl 14(3) requires entries by 30 September; cl 17(4) sets application deadline as the last Friday of May in the final year of study). Failure to meet deadlines or to lodge with the specified officer can disqualify applicants.
Income contingency: the By-law permits the Trustee to withhold an annual award if fund income is insufficient (cl 14(2A)) and to award additional prizes only if income is sufficient (cl 8(6)). Applicants may therefore face years with no award not because of merit but because of fund income.
Refund obligation for scholarships: the Oliver Shaul Scholarship places a refund obligation on the recipient if the undertakings are not met (cl 17(12)(c)). That requires administrators to ensure appropriate documentation and capacity to recover funds.
Selection committee composition and potential conflicts of interest: the By-law prescribes that committees may include industry representatives, chairs nominated by named persons (Oliver Shaul) or teachers who operate within the same institutions as applicants (cl 17(8), cl 14(8)). Those arrangements create a need for governance protocols to manage conflicts of interest, though the By-law does not prescribe conflict-of-interest rules.
Preference in tie situations: for the Noel Chettle Art Prize, if two or more entrants are of equal merit, the selection committee may give preference to entrants with personal or parental active service in a war zone (cl 14(10)(a)). That is an explicit tie-breaker rule but may surprise applicants not aware of the preference basis.
“Most meritorious” and subjective standards: several awards are judged by subjective criteria such as “most meritorious work” over three years (cl 5(3)), or “highest standard of draughtsmanship and construction” (cl 14(9)). Subjectivity is permissible, but it requires documented assessment rubrics to ensure consistent application and defensibility where challenged.
Finality of savings clause: cl 18(2)-(3) carries pending applications and committees over from the repealed 1985 By-law. That may have administrative consequences where older application procedures differ from the new ones. Administrators must map legacy applications into current procedural rules.
These are not legal defects per se but operational points that will require administrators and advisers to ensure that application forms, timelines, committee charters, and trustee resolutions implement the By-law’s requirements and preserve documentary evidence of processes and decisions.
How to comply
Compliance with the By-law requires coordinated action by the Statutory Trustee, selection committees, TAFE administrative staff, teachers and applicants. The following is a practical checklist, grounded in the By-law text, for each relevant actor.
For the Statutory Trustee of a Fund
Verify authority under the governing Act and record resolutions authorising By-law processes. The By-law repeatedly delegates appointment and procedural power to the Statutory Trustee (cl 5(3), cl 13(7), cl 17(7)).
Maintain and document fund income assessments. Where the By-law conditions awards on income sufficiency (cl 8(6), cl 14(2A)), prepare an annual income-and-distribution paper to document the Trustee’s decision to award, with headroom calculations showing whether distributions are sustainable.
Appoint selection committees in accordance with compositional prescriptions (cl 14(7)-(8), cl 17(8)-(9)). Record appointments, terms of reference, conflict-of-interest declarations and meeting minutes.
Establish assessment rubrics and recordability standards for subjective judgments. For awards judged on “most meritorious” work or artistic merit, produce an assessment matrix to reduce arbitrariness and preserve defensibility.
Issue notices and set publication timelines where required. For the Noel Chettle Prize the Trustee must publish notice by 31 July in years the prize is to be awarded (cl 14(2B)).
Draft award letters and scholarship agreements incorporating the undertakings required by the By-law, notably the Oliver Shaul Scholarship undertakings to commence study, to report and refund obligations (cl 17(12)).
Maintain records of all applications, portfolios and teacher verifications, and ensure proper custody of artworks (cl 14(5)-(6)).
For TAFE administrative staff and teachers
Identify and notify eligible students. For awards tied to completion, coordinate award notifications with course completion and results publication timelines (cl 13(3), cl 17(4)-(6)).
Provide and manage application forms approved by the Statutory Trustee (cl 13(4)(a), cl 17(4)). Keep templates for teacher verifications and student portfolios.
Ensure teacher verifiers meet the eligibility the By-law requires: the verifier must be a teacher of the relevant program who is teaching the course in which the entrant is enrolled or a teacher of or above rank with management responsibility (cl 14(4)(d)).
Provide lodgement points and officers specified to receive entries (cl 14(3)), and confirm lodgement dates to applicants.
For selection committee members
Follow the By-law’s prescribed composition and abide by finality provisions. Where the By-law makes committee decisions final, ensure thorough documentation of deliberations, scoring and tie-break considerations (cl 14(11), cl 17(11)).
Use the Trustee’s rubrics and assessment matrices; document interviews and scoring against published criteria (Barrington cl 13(5) requires consideration of academic achievement, merit of proposed course/project, and personal presentation).
Manage conflicts of interest proactively. The By-law allows industry and employer involvement in committees; create and enforce conflict declarations and recusal policies.
For applicants and students
Confirm eligibility: ensure you have completed the specific named course (or its approved replacement) by the relevant date (see cl 5(2), cl 6(3), cl 14(2), cl 17(2)).
Prepare required documents: the Barrington award requires a portfolio with academic transcript, work experience description, proposal details and teacher report (cl 13(4)). The Noel Chettle Art Prize requires a precise set of works in prescribed media and dimensions plus teacher verification (cl 14(4)-(6)).
Respect deadlines and lodgement points: note the specific dates,e.g., Noel Chettle entries by 30 September (cl 14(3)), Oliver Shaul Scholarship form lodgement by the last Friday of May of final year (cl 17(4)).
Attend interviews if required (cl 17(6)). Failure to attend a required interview will likely preclude award consideration.
When accepting scholarships, sign the required undertakings and understand refund obligations (cl 17(12)(a)-(c)). Keep documentary proof of commencement of the proposed study and of reporting to the TAFE bodies to avoid triggering refund obligations.
Recordkeeping and transparency
Ensure a documented audit trail: trustee minutes, fund income calculations, committee appointment letters, application materials, assessment sheets, and award letters must be retained to show compliance with the By-law.
Where the By-law requires publication or notices (cl 14(2B) for Noel Chettle), maintain proof of publication and any student communications.
Practical risk controls
Build an assessment rubric and tie-break protocol that aligns with the By-law’s specified preferences (for example the military service tie-break in cl 14(10)(a)).
Where the By-law uses the phrase “or any course that replaces that course,” keep a documented governance decision (Trustee minute) as to whether a new course is an eligible replacement.
Where fund income variability exists, prepare annual forecasts and a distribution policy so decisions under cl 14(2A) and cl 8(6) are consistent and documented.
Following these steps will align administrative practice with the By-law’s text. The By-law puts discretionary power in the Trustee and selection committees, but requires applicants and administrators to meet documentary and timing requirements. The predominant compliance costs are time for preparing portfolios and teacher reports, for trustees to assess fund income and for committees to maintain records and manage conflict-of-interest processes.
(1) This clause relates to the William and Elizabeth Cuthbertson Memorial Fund.
(2) The following awards may be awarded from that Fund:
(a) the William and Elizabeth Cuthbertson Memorial Medal and Prize,
(b) the William and Elizabeth Cuthbertson Memorial Prize.
(3) Each award may be awarded to a student at a TAFE establishment on completion by the student of the Diploma or Advanced Diploma of Marine Engineering courses (or any courses that replace those courses).
(4) The recipients of the William and Elizabeth Cuthbertson Memorial Medal and Prize and the William and Elizabeth Cuthbertson Memorial Prize are to be the students who obtain the highest average of all marks gained in all subjects in their course.
cl 6: Am 2013 (420), Sch 1 [1].
7 J P Franki Memorial Fund
7 J P Franki Memorial Fund
7 J P Franki Memorial Fund
(1) This clause relates to the J P Franki Memorial Fund.
(2) The J P Franki Medal and Prize may be awarded to a student at a TAFE establishment on completion by the student of the Marine Engineering Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the J P Franki Medal and Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
8 Thomas Irons Memorial Fund
8 Thomas Irons Memorial Fund
8 Thomas Irons Memorial Fund
(1) This clause relates to the Thomas Irons Memorial Fund.
(2) The Thomas Irons Memorial Medal may be awarded in yearly rotation to a student at a TAFE establishment in the metropolitan area of Sydney on completion by the student of a prescribed course.
(3) The prescribed courses and the order of rotation of those courses is as follows:
(a) Industrial Blacksmithing (or any course that replaces that course),
(b) Mechanical Engineering (or any course that replaces that course),
(c) Foundry (or any course that replaces that course),
(d) Patternmaking (or any course that replaces that course),
(e) Metal Fabrication and Welding (or any course that replaces that course).
(4) The recipient of the Thomas Irons Memorial Medal is to be the student who obtains the highest average of all marks gained in all subjects in the prescribed course for that year.
(5) If, in the opinion of the Statutory Trustee of the Fund, the results of the student who would otherwise be eligible to receive the award are not of a sufficiently high standard to warrant making the award to that student, the Thomas Irons Memorial Medal may be awarded to the student who obtains the highest average of all marks gained in all subjects in any of the other courses referred to in subclause (3) (taking into consideration the highest average of all marks gained in all subjects in each of the courses referred to in that subclause).
(6) If, in the opinion of the Statutory Trustee of the Fund, the income in the Fund is sufficient after providing for the Thomas Irons Memorial Medal, the Trustee may award an additional prize to a student on completion by the student of any of the courses referred to in subclause (3), upon such terms and conditions as the Trustee may determine.
9 A H Martin Memorial Prize Fund
9 A H Martin Memorial Prize Fund
9 A H Martin Memorial Prize Fund
(1) This clause relates to the A H Martin Memorial Prize Fund.
(2) The A H Martin Memorial Prize may be awarded to a student at a TAFE establishment on completion by the student of the Building Supervision Advanced Certificate Course (or any course that replaces that course).
(3) The recipient of the A H Martin Memorial Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
10 William King McLean Prize Fund
10 William King McLean Prize Fund
10 William King McLean Prize Fund
(1) This clause relates to the William King McLean Prize Fund.
(2) The William King McLean Prize may be awarded to a student at a TAFE establishment on completion by the student of the Building Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the William King McLean Prize is to be the student who obtains the highest average of all marks gained in all subjects in that course.
11 Dr Purdy Memorial Fund
11 Dr Purdy Memorial Fund
11 Dr Purdy Memorial Fund
(1) This clause relates to the Dr Purdy Memorial Fund.
(2) The Dr Purdy Medal and Award may be awarded to a student at a TAFE establishment on completion by the student of the Health and Building Surveying Associate Diploma Course (or any course that replaces that course).
(3) The recipient of the Dr Purdy Medal and Award is to be the student who, at the student’s first attempt, obtains the highest average of all marks gained in all subjects in that course.
(4) The Dr Purdy Medal and Award comprises a medal and a sum of money.
12 Mary Ellen Roberts Memorial Fund
12 Mary Ellen Roberts Memorial Fund
12 Mary Ellen Roberts Memorial Fund
(1) This clause relates to the Mary Ellen Roberts Memorial Fund.
(2) The Mary Ellen Roberts Memorial Scholarship may be awarded to a student at a TAFE establishment on completion by the student of the Fashion Technology Advanced Certificate Course (or any course that replaces that course).
(3) The recipient of the Mary Ellen Roberts Memorial Scholarship is to be the student who obtains the highest average of all marks gained in all subjects in that course.
(4) The Mary Ellen Roberts Memorial Scholarship is to be tenable upon such terms and conditions as the Statutory Trustee of the Fund may determine.
13 Barrington Raymund Roberts Memorial Fund
13 Barrington Raymund Roberts Memorial Fund
13 Barrington Raymund Roberts Memorial Fund
(1) This clause relates to the Barrington Raymund Roberts Memorial Fund.
(2) The Barrington Raymund Roberts Memorial Award for the promotion and encouragement of education in the industry sectors of tourism, hospitality and events, may be made to a student at a TAFE establishment on completion by the student of a course conducted through the Tourism, Hospitality and Events Training Package (or any training package that replaces that training package).
(3) Applications for the Barrington Raymund Roberts Memorial Award may be made each year following publication of end-of-year results by the TAFE establishment conducting the course.
(4) Applications must be made in writing to the Statutory Trustee of the Fund and must include the following:
(a) a completed application form (which may be obtained from the TAFE establishment),
(b) a current portfolio that includes the following:
(i) the reasons that the applicant has chosen his or her field of study,
(ii) the applicant’s academic transcript for the course conducted through the Tourism, Hospitality and Events Training Package at the TAFE establishment,
(iii) a description of the work experience undertaken by the applicant (paid and unpaid) as part of that course,
(iv) an expression of the applicant’s commitment to achieving excellence in his or her given field,
(v) any other information that the student considers relevant to the application,
(c) full details of the proposed study, training program or project to be undertaken by the applicant including the proposed length of the course, when it will be completed, the proposed cost of the course and any related costs,
(d) an outline of the proposed travel plans of the applicant, if applicable,
(e) a completed nomination in the form approved by the Statutory Trustee,
(f) such other TAFE NSW endorsements as are relevant to the application,
(g) a report on the student from a teacher of the course conducted through the Tourism, Hospitality and Events Training Package at the TAFE establishment in which the entrant is currently enrolled.
(5) The Statutory Trustee of the Fund is to award the Barrington Raymund Roberts Memorial Award to the most meritorious applicant in each year having regard to the following:
(a) the academic achievement of the applicant in a course conducted through the Tourism, Hospitality and Events Training Package (or any training package that replaces that training package),
(b) the merit of the proposed course or project to be undertaken by the applicant,
(c) the demeanour and personal presentation of the applicant during the interview with the selection committee.
(6) More than one Barrington Raymund Roberts Memorial Award may be awarded in any one year.
(7) The Statutory Trustee of the Fund may appoint a selection committee to consider applications and make recommendations in relation to the Barrington Raymund Roberts Memorial Award.
cl 13: Am 2013 (420), Sch 1 [2].
14 Noel Chettle Memorial Art Prize Fund
14 Noel Chettle Memorial Art Prize Fund
14 Noel Chettle Memorial Art Prize Fund
(1) This clause relates to the Noel Chettle Memorial Art Prize Fund.
(2) The Noel Chettle Memorial Art Prize may be awarded in any year to a student at a TAFE establishment who, as at 30 September in that year, is enrolled in a course of training conducted as part of the visual arts or design programs.
(2A) The Noel Chettle Memorial Art Prize is to be awarded annually or, if the Statutory Trustee of the Fund determines that income in the Fund is insufficient to support an annual award, every second year.
(2B) If the Statutory Trustee determines that the Noel Chettle Memorial Art Prize is to be awarded in any year, the Trustee is to publish a notice to students to that effect by 31 July in that year.
(3) Entries in any year for the Noel Chettle Memorial Art Prize must be lodged, on or before 30 September in that year, with an officer specified by TAFE NSW.
(4) An entry in any year for the Noel Chettle Memorial Art Prize must:
(a) specify the name of the entrant, and
(b) indicate whether the entrant has, or is the child of a person who has, been on active service in a war zone as a member of the Australian Defence Force, and
(c) certify that the works accompanying the entry have been completed within the preceding period of 2 years, and
(d) be verified in writing by a teacher of the visual arts or design programs:
(i) who is teaching the course of training in which the entrant is currently enrolled, or
(ii) who is of or above the rank of teacher and has management responsibility for visual arts or design.
(5) The works accompanying an entry must consist of the following:
(a) a life portrait,
(b) a life drawing of a male,
(c) a life drawing of a female,
(d) a life drawing that includes hands and feet,
(e) a sketch book containing not more than 20 sketches.
(6) The works accompanying an entry:
(a) must, in the case of the life portrait, have dimensions not exceeding 1200 millimetres by 1200 millimetres and, in the case of the other works, have dimensions not exceeding 900 millimetres by 1200 millimetres, and
(b) in the case of the life portrait, must be executed in oil paint or acrylic paint, and
(c) in the case of the other works, must be executed in any medium commonly used in the production of a drawn work, and
(d) must not be executed with the aid of photo-release techniques or by means of tracings from photographs.
(7) The Statutory Trustee of the Fund is to appoint a selection committee to award the Noel Chettle Memorial Art Prize.
(8) The selection committee is to consist of the following:
(a) two teachers of the relevant visual arts or design programs who are teaching at different delivery locations,
(b) (Repealed)
(c) a person who is, in the opinion of the Statutory Trustee of the Fund, an Australian artist who has made a significant contribution to art.
(9) The Noel Chettle Memorial Art Prize is to be awarded to the entrant whose works exhibit, in the opinion of the selection committee, the highest standard of draughtsmanship and construction.
(10) However:
(a) if, in the opinion of the selection committee, the works of 2 or more entrants are of equal merit, preference may be given to an entrant who has, or who is a child of a person who has, been on active service in a war zone as a member of the Australian Defence Force, or
(b) if, in any year, the selection committee is of the opinion that no entrant merits the award of the Noel Chettle Memorial Art Prize, it may refuse to make an award for that year.
(11) The decision of the selection committee in respect of an award is final.
cl 14: Am 29.9.2000; 2013 (420), Sch 1 [3]–[5].
15 Coachbuilders 1914–1919 War Memorial Bursary Fund
15 Coachbuilders 1914–1919 War Memorial Bursary Fund
15 Coachbuilders 1914–1919 War Memorial Bursary Fund
(1) This clause relates to the Coachbuilders 1914–1919 War Memorial Bursary Fund.
(2) The Coachbuilders 1914–1919 War Memorial Bursary may be awarded to a student at a TAFE establishment on completion by the student of any vehicle body trade course.
(3) The recipient of the Coachbuilders 1914–1919 War Memorial Bursary is to be the student who is ass
This is an opening excerpt, not the complete document.