University Secretary's Department Statutes and Regulation

R6.99 — Dieul-Kurzweil Scholarships

 

View/Print PDF (17 KB)

Recitals-

  1. In 1957 Photimport Proprietary Limited of Collingwood, Victoria (‘donor’) by its director Mr G Erenyi donated the sum of £1,000 to the University (‘donation’). The letter from the donor and any records of communications with the donor cannot be located.
  2. The minutes of the meeting of Council held on 2 September 1957 (‘minutes’) record the donation, as follows-

    ‘Receipt of the following gifts was reported … £1,000 from Mr G Erenyi to establish a scholarship to be known as the “Dieul-Kurzweil Scholarship” which will be awarded to a post graduate student in Physics preparing for the Master of Science degree.’

  3. The minutes are the only record located at the University of the terms specified by the donor with respect to the donation. The University has no information regarding the name of the scholarship specified by the donor.
  4. The University accepted the donation upon the trusts specified by the donor, and the donation therefore became the capital subject to those trusts (‘capital sum’).
  5. On 2 December 1957 Council enacted Regulation XCIX regarding the Dieul-Kurzweil Scholarship which, amongst other things, specified that:
    1. ‘the scholarship shall in general be open for competition triennially’; and
    2. ‘the [scholarship] is to be awarded to a student in need of financial help’.
  6. In 1957 the master of Science degree in the school of Physics could only be undertaken by research.
  7. In 1961 the scholarship was awarded for the first time.
  8. By 2005 few students enrolled in the master of Science degree; by that time the marked trend had been for students to enrol directly in the doctor of Philosophy degree after completing the Honours year of the bachelor of Science degree.
  9. Accordingly, in 2005 the University made a cy près application to the Attorney-General for Victoria (‘Attorney-General’) pursuant to section 4 of the Charities Act 1978 (Vic) (‘Act’).
  10. On 31 October 2006, the Attorney-General sanctioned the following scheme pursuant to section 4 of the Act to vary the trust known as the Dieul-Kurzweil Scholarship-

    11. ‘the scholarship be awarded to candidates for either the degrees of Master of Science or Doctor of Philosophy in the school of Physics.’

  11. In 2008 the research higher degree previously named master of Science was renamed master of Philosophy. From 2009 a new postgraduate coursework degree master of Science is offered, meaning that there are two research higher degrees in the faculty of Science (‘faculty’): the master of Philosophy degree and the doctor of Philosophy degree.
  12. As the degree now named master of Science is no longer undertaken by research and as the degree previously named master of Science has been renamed master of Philosophy, the University made a cy près application to the Attorney-General in 2008 pursuant to section 4 of the Act.
  13. On 19 December 2008 the Attorney-General sanctioned the following scheme pursuant to section 4 of the Act to vary the trust known as the Dieul-Kurzweil Scholarship (‘2008 Sanction’)-

    ‘the scholarship is to be awarded to candidates for a research higher degree in the school of Physics.’

  14. The Attorney-General gave the 2008 Sanction on the basis that the minutes recorded the trusts specified by the donor with respect to the capital sum.
  15. This regulation records-
    1. the trusts specified by the donor as recorded in the minutes, as those trusts were varied by the 2008 Sanction, being the trusts upon which the University as trustee holds the capital sum; and
    2. the administrative arrangements for the implementation of those trusts, as determined by the University from time to time.

It is provided as follows-

Name of the fund

  1. The capital sum, all income arising from the capital sum, and any accumulations and additions thereto together form a fund called ‘The Dieul-Kurzweil Scholarships Fund’ (‘fund’).

Investment of the fund

  1. The fund is to be paid into one or more investment pools and remain there until Council directs otherwise.

Trust terms

  1. As trustee of the fund, the University is obliged by the trusts specified by the donor as recorded in the minutes, as those trusts were varied by the 2008 Sanction (‘trust terms’)-
    1. to establish a perpetual trust;
    2. to preserve the capital of the fund, meaning that the capital of the fund is not to be spent;
    3. to apply the net annual income of the fund to award a scholarship (‘scholarship’);
    4. to call each of the scholarships ‘The Dieul-Kurzweil Scholarship’; and
    5. to award each scholarship to a candidate for a research higher degree in the school of Physics (‘school’).

Administrative arrangements

  1. Until its further determination, and in order to implement the trust terms, the University has determined-
    1. to award each scholarship to a student selected by the dean of the faculty (‘dean’) upon the recommendation of the head of the school (‘head’);
    2. that each scholarship is to be awarded after taking into account each applicant’s financial circumstances;
    3. that the scholarship is open for award every three years, commencing in 2009, and the three year cycle is to be maintained even if the award of a particular scholarship is postponed pursuant to section 4(4);
    4. that if, at the end of each three-year period referred to in section 4(3)-
      1. no applications for the scholarship are received; or
      2. the head determines that there is no worthy applicant, the scholarship is not to be awarded on that occasion, and

        that scholarship is instead to be open for award in each subsequent year until it is awarded; and
    5. that the value of each scholarship, whether it is awarded-
      1. in the year in which, pursuant to section 4(3), the scholarship was due to be awarded; or
      2. in a subsequent year, pursuant to section 4(4),

        is the total of the net annual income of the fund for the three years immediately preceding the year in which, pursuant to section 4(3), the scholarship was due to be awarded.
  2. Council hereby authorises the dean to award each scholarship on behalf of the University.
[Revoked and remade 16/3/09]
top of page