Autosar Sws
Autosar Sws
between
DEAKIN UNIVERSITY
and
BETWEEN:
(1) DEAKIN UNIVERSITYa body politic and corporate established pursuant to the Deakin
University Act 2009 (Vic) of 1 Gheringhap Street, Geelong, Victoria, 3220 Australia (Deakin)
and
which expression Institute shall mean either Institute or University, party means Home
Institute or Partner Institute and parties means both the Home Institute and the Partner
Institute.
WHEREAS:
2) By entering into agreement through this MOU, the parties agree to offer Joint PhDs (JPhD) in
all areas of research in accordance with the terms and conditions set out in this Agreement.
1. ADMINISTRATIVE MATTERS.
Approvals
1.1 It is a condition precedent to this Agreement that each party will obtain all approvals required
under
1.2 Each party must provide to the other confirmation in writing reasonably satisfactory to the
recipient confirming that all required approvals have been obtained.
1.3 The parties acknowledge and agree that if the approvals set out in clause 1.1 cannot be
obtained or if a party fails to provide the confirmation required in clause 1.2 within a period
of eighteen (18) months from the date this Agreement comes into effect, a party may in its
absolute discretion terminate this Agreement immediately by notice in writing.
1.4 A party must notify the other party immediately in writing upon becoming aware that any
required approval has been modified or revoked. The parties must within ten days of such
notification confer to determine the effect of the modification or revocation on the JPhD and
thereafter a party may in its absolute discretion terminate this Agreement immediately by
notice in writing.
3
2.1 The students who are interested in getting admitted into the JPhD will first be selected to the
PhD programs at either Institute following that Institute’s own selection procedures. This
Institute will be called the Home Institute. The collaborating faculties (which, in the case of
Deakin, includes its Institute of Frontier Materials) from both the Institutes will then identify
the potential JPhD scholars from among the students thus selected into the individual PhD
programs at either Institute.
2.2 Potential JPhD scholars will complete the requirements of their Home Institute with respect
to coursework, research training, comprehensive examinations and confirmation of
candidature, as set out in that Institute’s policies and procedures. The proposed supervisor
of the potential JPhD scholar at the Institute which is not the Home Institute (Partner
Institute) will be entitled to attend the comprehensive examination or confirmation of
candidature as an observer.
2.3 On successful completion of the confirmation of candidature, in the case of Deakin, or the
comprehensive examinations, in the case of IITM, those students identified as potential
JPhD scholars will be eligible to apply for admission into the Partner Institute and selection
into the JPhD in accordance with the normal application and selection criteria of the Partner
Institute. A students who is thus admitted into the JPhD (Scholar) will be enrolled on a full-
time basis at both Institutes and will have qualified supervisors drawn from the collaborating
faculties who selected them as their guides/supervisors (Guide).
2.4 Each Institute will provide co-supervision to the Scholar and will be equally responsible for
ensuring that the Scholar receives appropriate guidance and support towards successful
completion of their course requirements, if any, and of their Thesis and its examination. The
Guide at the Home Institute will be the main Guide and the other Guide from the Partner
Institute will be the co-Guide to the Scholar.
2.5 The co-Guide will be entitled to participate in any committee of the Home Institute convened
with respect to the Scholar’s academic progress on which the Home Institute’s Guide also
has the right to participate.
2.6 Co-Guides of Deakin students must comply with the requirements of Deakin’s policy relating
to the supervision of higher degree by research students, available at
theguide.deakin.edu.au.
Enrolment
2.7 Each Institute will maintain student records throughout the candidature and will identify that
the Scholar is enrolled in the JPhD at the Home Institute and the Partner Institute.
3.1 Each Home Institute will establish a Doctoral Committee (referred to at Deakin as a
Supervision Team) (DC) for each Scholar to support and monitor the progress of the Scholar
throughout the candidature until the thesis has been submitted.
3.2 The Doctoral Committee will be constituted in accordance with the policies and procedures
of the Home Institute and will include the Co-Guide of the Partner Institute. Meetings of the
DC will be held in accordance with the policies and procedures of the Home Institute and the
DC may meet through video conferencing or other electronic means or by circulation.
4
4. COURSEWORK REQUIREMENTS
The Scholar will satisfy the academic coursework requirements of his/her Home Institute.
Courses will be taken when appropriate and recommended by the DC.
5.1 Scholars joining the JPhD will normally follow Home Institute regulations for monitoring their
progress. However, academic progress, submission of synopsis and submission and
evaluation of the thesis must comply with the requirements of both Institutes. The Institutes
will ensure that annual reviews of the Scholar’s progress are conducted at the same time.
(a) not making satisfactory progress in their research studies against the agreed
research plan;
(c) is at risk of not completing their degree within the prescribed time limit
the Institutes must convene a panel to manage the academic progress of the Scholar which
complies with the requirements of each Institute. If, after the requirements of each Institute
have been satisfied, including any right of appeal available to the Scholar, a Guide or Co-
Guide is of the opinion that the Scholar is at risk on one or more of the grounds set out in
clause 5.2(a), 5.2(b) or 5.2(c) that Guide or Co-Guide may recommend to the DC that the
Scholar be required to withdraw from the JPhD in accordance with clause 8.2.
6.1 Unless decided otherwise by the DC, having regard to the best interests of the Scholar, the
Scholar shall spend up to one year at the Partner Institute working under the supervision of
their co-Guide, and taking additional non-award subjects/courses if required to do so by their
DC.
6.2 As far as possible, the minimum and maximum (if applicable) total duration of the program
must comply with the requirements of each Institute. In the event of an inconsistency in the
durations, the longer durations will apply.
6.3 Each Scholar will be entitled to the leave benefits (if any) available at Home Institute. If there
is a conflict between the leave entitlements (including maternity, paternity and adoption
leave), or intermission, a Scholar will be entitled to the most generous benefits, subject to
the requirements of any external scholarship held by the Scholar.
6.4 Each Institute at which the Scholar is in residence must prepare with the Scholar a work
safety plan to cover the Scholar’s research at that Institute. The work safety plan must
identify any health and safety hazards of the Scholar’s research project, with specific
reference to biosafety (including genetically modified organisms), chemical safety, field work,
physical plant and process hazards and radiation; assess risk associated with the Scholar’s
research project; and put in place appropriate control measures to minimise the assessed
health and safety risks.
7.1 Scholars will pay tuition fees to their Home Institute throughout the duration of the JPhD,
including the duration of study at the Partner Institute, following the Home Institute fee
structure.
5
7.2 If IIT Madras happens to be the Home Institute, the Scholar would be entitled to Half-time
Teaching/Research Assistantship (HTRA) as per Institute rules.
7.3 If IIT Madras happens to be the Partner Institute, the visiting Scholar would be paid a
monthly stipend sufficient to cover living expenses on campus.
7.4 If Deakin is the Home Institute, the Scholar would be entitled to a post graduate scholarship.
7.5 If Deakin is the Partner Institute the visiting Scholar would be paid a monthly stipend
sufficient to cover living expenses while in Australia for purposes of study.
7.6 Every effort is to be made to ensure that approximately equal numbers of Scholars are
admitted to both Institutes.
8.1 Subject to clause 5.2 the prevailing regulations and policies for withdrawal and termination
of candidature at the Scholar’s Home Institute shall normally apply in consultation with the
Partner Institute. Where there is a significant variation in the policies and regulations of the
Institutes then the stricter policies and regulations shall apply.
8.2 A Scholar may withdraw from the JPhD in accordance with the regulations and policies of
the Home Institute. A Scholar may be given the option to complete the requirements for the
single PhD degree at one of the Institutes provided it has met the academic progress
requirements of and is in good standing at that Institute. The parties agree that in such case
a Scholar will be given credit for all relevant units previously undertaken by the Scholar as
part of the JPhD.
8.3 Where a candidature is to be terminated for any approved reason, including unsatisfactory
progress, the termination provisions of the Home Institute will apply. The Partner Institute will
be notified by the Home Institute of the intention to terminate the candidature. In any event,
the DC will advise the Scholar on an appropriate course of action to take, which would be in
the best interest of the Scholar.
9.1 Evaluation of the thesis by external examiners and conducting of the final viva-voce
examination/defence shall, in general, follow the Home Institute’s policies and procedures.
However, each Partner Institute will set certain minimum requirements to be satisfied in this
context to ensure compliance with its examination policies and procedures.
9.2 When there is no procedure prescribed for the conduct of the viva voce examination, the
procedures prescribed by IITM shall apply.
9.3 The language of the thesis will be English and the viva voce examination will be in English.
10.1 If the thesis is successfully defended, the institution at which the defence takes place will
transmit a copy of the complete defence file to the other Institution. On the Scholar
satisfying all requirements and obtaining all internal approvals for the conferral of the degree
at each Institution, each Institution will award the Scholar with a doctoral degree.
10.2 Two separate degree certificates will be awarded by the respective Institutes in line with their
respective protocols/styles. The wording in both degree certificates must indicate
unambiguously that the degree is being awarded jointly with the Partner Institute (by name)
for the same thesis.
6
10.3 A decision by one Institute not to confer an award does not preclude the other Institute from
conferring an award, however that award must not refer to this Agreement or imply that the
other Institute has approved the conferral of the award.
11.1 Scholars will be subject to the statutes, rules, regulations, policies, procedures and codes of
the Partner Institute while located in the Partner Institute in addition to those of their Home
Institute.
11.3 Notwithstanding clause 8, an Institute may suspend, vary the terms of, or terminate a
Scholar's enrolment for failure to comply with the statutes, rules, regulations, policies, codes
and procedures of that Institute or the lawful instructions of officers of that Institute, or for
failure to comply with that Institute's conditions of admission, enrolment or examination in the
JPhD.
12.1 All intellectual property, inventions and innovations (including but not limited to trademarks
and service marks, copyright, patents, know-how designs and confidential information on the
subject of such intellectual property, inventions and innovations) (hereinafter collectively
referred to as the “Intellectual Property”) held by a party prior to entering into this
Agreement or disclosed or introduced in connection with this Agreement and all materials in
which such intellectual property is held, disclosed or introduced shall remain the property of
the party introducing or disclosing it. However, that party grants the Scholar and the other
party a licence to use such intellectual property for any purpose associated with the JPhD.
12.2 All rights, titles and interests in any studies, reports or materials, graphic or otherwise,
prepared solely by an Institute will belong to that Institute and may not be made use of
except with that Institute’s prior written consent.
12.3 Where the Institutes jointly develop Intellectual Property as a result of the research work of
the Scholar working under the supervision of the Guide and co-Guide,., the terms with
respect to title and exploitation of such Intellectual Property will be negotiated on a case-by-
case basis having due regard for each Institute's policies and governance requirements and
the terms and conditions imposed by any individual funding agencies or grant-making
organisations. The general norm, for such case-by-case agreements will be that Intellectual
Property will vest in each Institute in equal shares and each party may use such jointly-
owned Intellectual Property for internal, non-commercial research and educational purposes.
Save as aforesaid, nothing in this Agreement shall be construed as a license or transfer or
an obligation to enter into any further agreement with respect to intellectual property
currently licensed to or belonging to either Institute.
12.4 Nothing in this Agreement will inhibit the right of a Scholar to have their thesis examined and
a copy of their thesis lodged in the library of each Institute (including a digital copy).
12.5 Notwithstanding anything to the contrary in clause 12.2, each Scholar shall own the
copyright in their thesis.
12.6 The provisions of this clause 12 will survive beyond the termination or expiry of this
Agreement.
7
13.1 The parties agree to keep confidential all confidential information of the other party. The
parties will not, without the written consent of a party to whom confidential information
belongs:
(a) use the confidential information other than for the purposes of the JPhD; or
(b) directly or indirectly disclose the information to any third party, beyond those
reasonably involved in the JPhD.
13.2 A party will not be in breach of clause 13.1 where confidential information is required by law
or regulation to be disclosed, provided that the party required to make disclosure promptly
notifies the party who has made the confidential information available, to allow the latter party
to assert whatever exclusions or exemptions may be available to it under such law or
regulation.
13.3 On termination or expiry of this Agreement each party must return all confidential information
in its possession or control to the owner of such confidential information and permanently
delete all such confidential information stored electronically.
13.4 Each party will assume responsibility for the actions of its, employees, students and agents
who have access to the confidential information from time to time and must ensure that they
are aware of and strictly bound by the confidentiality obligations created under this
Agreement.
13.5 Each Institute will manage Personal Information in accordance with applicable privacy
legislation and will obtain from the Scholar consent to sharing of the Candidate’s Personal
Information to facilitate management of the Scholar pursuant to this Agreement.
14.1 Each party will nominate a representative who will oversee the operation of this Agreement.
The representatives must meet no less than once a year.
15. AMENDMENTS
This Agreement may be amended and supplemented in writing at any time by the mutual
consent of the parties in writing.
16.1 This Agreement will come into force upon affixing of the signatures of the representatives of
the Institutes and will remain in effect for five years. This Agreement will be automatically
renewed upon its expiry for a further period of five years unless one party gives to the other
six months’ notice in writing that it wishes to terminate the Apgreement.
16.2 Either Institute may terminate this Agreement during the second or any subsequent five-year
period by giving the other Institute not less than six months’ notice in writing.
8
16.3 Both parties agree that in the event this Agreement is terminated for any reason, the parties
will use their best endeavours to allow all Scholars already enrolled in the JPhD who are
eligible to complete their candidature, to continue and complete the requirements for the
JPhD in which they are enrolled, and to be awarded the joint degree upon successful
completion of the JPhD. If it is not possible for a Scholar to satisfy the requirements of and
complete the JPhD he/she is enrolled in, the parties will endeavour to allow that Scholar, at
his/her election, to complete the requirements for the single PhD degree offered by one of
the Institutes as the Scholar may elect. The parties agree that such a Scholar will be given
credit for all relevant units previously undertaken by the Scholar at both Institutes as part of
the JPhD.
Any disputes arising under or in connection with this Agreement which cannot be resolved
by amicable discussions between the parties shall be referred to the President / Deputy
Vice-Chancellor (Research) of the respective parties or their nominees for resolution.
Meetings
18.1 If the parties are required to meet or convene a committee, the meeting or committee may
take place in person, or by electronic means such as teleconference or videoconference and
decisions may be made and documented by circulation.
Prohibitions
b) use, or permit any person or entity to use the name or logo (or any variation of the name or
logo) of the other party without first obtaining prior written consent;
c) offer to students any guarantee of admission or make any representations about the other
party;
d) make any false or misleading comparisons with other education providers and their
courses;
f) give inaccurate information to prospective students about fees and charges payable.
10
of the Institute
PHOTO
on
<<name>>