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Agreement Between the Government of Australia and the Government of the Cook Islands Relating to the Equity and Merit Scholarship Scheme [1989] PITSE 23 (10 August 1989)

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE COOK ISLANDS RELATING TO THE EQUITY AND MERIT SCHOLARSHIP SCHEME

(Raratonga, 10 August 1989)

ENTRY INTO FORCE: 10 AUGUST 1989

1. General

1.1 This Agreement expresses the understandings of the Parties in regard to the characteristics of the Equity and Merit Scholarship Scheme ('the scheme') and establishes objectives, procedures and operational guidelines for the scheme.

2. Objective

2.1. The objective of the scheme is to promote human resource development, focusing on individual needs in the Cook Islands through support for in-Australia training. Scholarships will be awarded to men and women of academic merit, drawn from any sector of the community.

3. Coordinating Authorities

3.1. The Coordinating Authorities for the Scheme will be:

The Government of the Cook Islands, the Ministry of Planning and Economic Development, the Ministry of Foreign Affairs and the Personnel Planning and Training Office of the Public Service Commission.

For The Government Of Australia, the Australian International Development Assistance Bureau (hereinafter called 'AIDAB').

3.2. AIDAB may undertake some or all of the functions detailed in schedule 2 in respect of all or part of the scheme in the Cook Islands through the Australian High Commission in Wellington.

4. Scheme Description

4.1. Scholarships will be awarded for full-time courses in any field of study available at higher education institutions (universities and colleges) in Australia.

4.2. Under the scheme, scholarships are available to students who will he selected on the basis of academic merit, subject to eligibility criteria detailed at Schedule 1.

4.3. Fifty per cent of scholarships will be awarded to men and fifty per cent to women. Where this allocation cannot be met because of insufficient eligible candidates, the balance of the overall target number will be made up with candidates of the other sex.

4.4. Within each gender group, applicants will be ranked in order of academic merit, and scholarships will be offered in order of that ranking

4.5. AIDAB or its representatives will undertake the selection of students according to the criteria set down in this agreement.

4.6. Under the scheme, funds will be provided to cover the cost of certain fees and travel expenses, and provide living allowances.

Terms and conditions of awards under the scheme will be as determined by the Government of Australia from time to time.

4.7. Where necessary, bridging training including English language preparation, will be available in Australia prior to commencement of the nominated course. Such training will be up to a maximum of twelve months.

4.8. Termination of any individual award will be at the discretion of AIDAB.

4.9. There will be one intake of students each year. The first intake of scholars under the scheme will commence study in Australia early in 1990.

5. Financial Commitments

5.1. The Government of Australia through AIDAB will fund the scheme conditional upon annual Australian Parliamentary approval of appropriations.

5.2. The annual estimates of scholarship numbers for the Cook Islands will be indicative planning figures and not financial commitments.

6. Facilitation of the Scheme

6.1. The Government of the Cook Islands will recognise scholarship holders under the scheme as a category of persons eligible for passports or other travel documents.

7. Claims

7.1. The Government of the Cook Islands will bear all risks associated with operations carried out in pursuance of this agreement and will deal with any claims which may be brought by third parties against the Government of Australia, its servants or Australian personnel and will hold harmless the Government of Australia and Australian personnel in case of any claims resulting from the operations under this agreement except where it is mutually decided by the two governments that such claims arise from gross negligence or wilful misconduct of agents of the Government of Australia or of Australian personnel.

8. Duration

8.1. This agreement will take effect from the date of its signature and the scheme will be deemed to have commenced from that date. The agreement will remain in effect initially for a period of 3 years and may be extended for further periods by arrangement between the parties. Alternatively, either party may terminate the agreement by advising the other in writing in which case the agreement will terminate three months after the receipt of such, advice from the other party.

9. Amendments

9.1. Amendments to this agreement may be made at any time by a written arrangement between the parties.

All schedules to this agreement form an integral part of the agreement.

Signed at Rarotonga on 10 August 1989 in duplicate for the Government Of The Cook Islands for the Government Of Australia.

[Signed]

Mr Aukino Tairea
Secretary for Foreign Affairs

ATTACHMENT 1

Eligibility Criteria

General Criteria

The scheme will be open to private and public sector applicants from specified countries for any field of study in Australia in an Australian higher education institution.

2. Applicants must:

Be applying to commence a new course of study and not be seeking scheme support for a course they have already commenced in Australia;

Satisfy the admission requirements of the Australian institutions in which the course is to be undertaken, and be admitted to such a course of study or to a bridging or preparatory course at that institution before the scholarship can be confirmed;

Satisfy Australian government requirements for overseas student entry to Australia (health, character, etc);

Not hold another scholarship simultaneously with a scheme scholarship;

Not transfer from a scholarship from another Australian development assistance training program to the scheme during the same course of study; and

Have reached the age of 18 years by 1 January in the year in which they are to commence their program of study in Australia.

3. Scholarships will only be awarded to persons assessed by the receiving institution as requiring no more than twelve months bridging training (including English language preparation) before commencing their nominated course.

ATTACHMENT 2

Administrative Arrangements

The following administrative functions will be undertaken as specified at paragraph 3.2 of this agreement:

(A) Appropriate publicising of scheme scholarships in the Cook Islands;

(B) Answering of enquiries and despatch of information packages to applicants;

(C) Receipt of applications;

(D) Screening of applications against eligibility criteria;

(E) Forwarding of applications to Australia for final selection and placement;

(F) Administration of scholarship offers and acceptances; and

(G) Pre-departure arrangements for scholars including in-country briefing, English language testing where applicable, and any other testing required.