Sir Maurice Byers Scholarship for Postgraduate Study in Constitutional Law

1. Background

a. This Scholarship has been established to honour Sir Maurice Byers and will be awarded by the Sydney Law School to a deserving student to pursue postgraduate research study in the field of constitutional law at the University of Sydney.

b. This Scholarship is funded by the donation made to the University of Sydney in memory of Sir Maurice Byers.

2. Eligibility

a. The Scholarship is offered subject to the applicant having an unconditional offer of admission or being currently enrolled to study in a Master of Laws (LLM) by Research or PhD within the University Sydney Law School.

b. Candidates must conduct research in the field of constitutional law.

c. Candidates seeking to receive this Scholarship as a supplementary scholarship must be a recipient of a primary scholarship from the University of Sydney that provides a stipend allowance.

d. Candidates must also hold at least one of the following degrees in Law:
I. a Bachelor’s degree with first class honours, or
II. a Master’s degree by Research, or
III. a Master’s degree by Coursework at a High Distinction or Distinction level including a research component equivalent to 25% of one year’s full-time enrolment, or
IV. a degree in Law together with research and/or professional experience deemed to be equivalent to first class honours.

3. Selection Criteria

a. The scholarship has been established with the aim of attracting top candidates, who have well-developed research projects and who would be competitive at top international institutes of higher learning, to do their research degree at the Sydney Law School. The School may also prioritise candidates whose research aligns with the School's strategic research priorities.

b. The successful candidate will be awarded the Scholarship on the basis of:

I. academic merit, and
II. area of study and/or research proposal.

c. The successful candidate will be awarded the Scholarship on the nomination of the Associate Dean Research Education (Sydney Law School), or their nominated delegate(s).

4. Value

a. This scholarship can be awarded as either primary or supplementary scholarship. This information will be mentioned in the scholarship offer letter.

i. When offered as either primary (stipend) or supplementary (stipend) -
The Scholarship will provide a stipend allowance up to $10,000 per annum for up to 1 year.

ii. When offered as either primary or supplementary (one-off payment)-
The Scholarship will provide a one-off payment up to $10,000 on receipt of Scholarship Acceptance Form. The exact value of the scholarship will be mentioned in the scholarship offer letter.

b. The Scholarship is for commencement in relevant research period in which it is offered and cannot be deferred without prior approval from the Associate Dean Research Education (Sydney Law School).

c. The Scholarship cannot be transferred to another area of research.

d. No other amount is payable.

e. The Scholarship will be offered subject to the availability of funding.

5. Eligibility for Progression

a. Progression is subject to attending and passing the annual progress evaluation and demonstrating progress towards timely thesis completion.

6. Leave Arrangements

a. The primary stipend Scholarship recipient receives up to 20 working days recreation leave each year of the Scholarship and this may be accrued. However, the student will forfeit any unused leave remaining when the Scholarship is terminated or complete. Recreation leave does not attract a leave loading and the supervisor's agreement must be obtained before leave is taken.

b. The primary stipend Scholarship recipient may take up to 10 working days sick leave each year of the Scholarship and this may be accrued over the tenure of the Scholarship. Students with family responsibilities, caring for sick children or relatives, or experiencing domestic violence, may convert up to five days of their annual sick leave entitlement to carers leave on presentation of medical certificate(s). Students taking sick leave must inform their supervisor as soon as practicable.

c. The supplementary stipend Scholarship recipient will have the same conditions as indicated in the terms and conditions of the primary scholarship excluding paid maternity or parental leave.

7. Research Overseas

a. The primary stipend Scholarship recipient may not normally conduct research overseas within the first six months of award.

b. The primary stipend Scholarship holder may conduct up to 12 months of their research outside Australia. Approval must be sought from the student's supervisor, Head of School and the Faculty via application to the Higher Degree by Research Administration Centre (HDRAC) and will only be granted if the research is essential for completion of the degree. All periods of overseas research are cumulative and will be counted towards a student's candidature. Students must remain enrolled full-time at the University and receive approval to count time away.

c. Recipients of the supplementary stipend Scholarship will have the same conditions as indicated in the terms and conditions of the primary scholarship.

8. Suspension

a. The primary stipend Scholarship recipient cannot suspend their award within their first six months of study, unless a legislative provision applies.

b. The primary stipend Scholarship recipient may apply for up to 12 months suspension of the Scholarship for any reason during the tenure of the Scholarship. Periods of Scholarship suspension are cumulative and failure to resume study after suspension will result in the award being terminated. Approval must be sought from the student's supervisor, Head of School and the Faculty via application to the Higher Degree by Research Administration Centre (HDRAC). Periods of study towards the degree during suspension of the Scholarship will be deducted from the maximum tenure of the Scholarship.

c. The recipients of the supplementary stipend Scholarship will have the same conditions as indicated in the terms and conditions of the primary scholarship.

9. Changes in Enrolment

a. The Scholarship recipient must notify HDRAC, and their supervisor promptly of any planned changes to their enrolment including but not limited to: attendance pattern, suspension, leave of absence, withdrawal, course transfer, and candidature upgrade or downgrade. If the award holder does not provide notice of the changes identified above, the University may require repayment of any overpaid stipend.

10. Termination

a. The Scholarship will be terminated:

I. on resignation or withdrawal of the recipient from their research degree,
II. upon submission of the thesis or at the end of the award,
III. upon the recipient having completed the maximum candidature for their degree as per the University of Sydney (Higher Degree by Research) Rule 2011 Policy,
IV. when this scholarship is offered as a primary stipend scholarship, and the recipient receives an alternative primary stipend scholarship with a higher value, in such circumstances this Scholarship automatically be converted into a supplementary stipend scholarship,
V. when this scholarship is offered as a supplementary scholarship, on receipt of another supplementary scholarship(s) that increases the overall supplementary amount paid to a student to more than 75% of the primary amount. In such circumstances, the supplementary scholarship of the higher value prevails,
VI. if the recipient does not resume study at the end of a period of approved leave, or
VII. if the recipient ceases to meet the eligibility requirements specified for this Scholarship, (other than during a period in which the Scholarship has been suspended or during a period of approved leave).

b. The Scholarship may also be terminated by the University before this time if, in the opinion of the University:

I. the course of study is not being carried out with competence and diligence or in accordance with the terms of this offer,
II. the student fails to maintain satisfactory progress, or
III. the student has committed misconduct or other inappropriate conduct.

c. The Scholarship will be suspended throughout the duration of any enquiry/appeal process.

d. Once the Scholarship has been terminated, it will not be reinstated unless due to University error.

11. Misconduct

a. Where during the Scholarship a student engages in misconduct, or other inappropriate conduct (either during the Scholarship or in connection with the student’s application and eligibility for the Scholarship), which in the opinion of the University warrants recovery of funds provided, the University may require the student to repay payments made in connection with the Scholarship. Examples of such conduct include and without limitation; academic dishonesty, research misconduct within the meaning of the Research Code of Conduct 2023 (for example, plagiarism in proposing, carrying out or reporting the results of research, or failure to declare or manage a serious conflict of interests), breach of the Student Charter 2020 and misrepresentation in the application materials or other documentation associated with the Scholarship.

b. The University may require such repayment at any time during or after the Scholarship period. In addition, by accepting this Scholarship, the student consents to all aspects of any investigation into misconduct in connection with this Scholarship being disclosed by the University to the funding body and/or any relevant professional body.

12. Other Requirements

a. The successful recipient will be invited to assist in the promotion of the Sydney Law School’s Higher Degree Research programs, and represent the Sydney Law School at welcome week, recruitment and corporate networking events.