(1)  If a Head of Agency establishes or approves a course of instruction and training under regulation 28 , a studentship may, subject to this regulation, be made available at an approved institution to a person –

(a) who enters into an agreement to serve in the Agency concerned as an employee immediately on the completion by that person of the course of instruction and training; or

(b) who is already serving in the Agency concerned as an employee and who enters into an agreement to continue to serve in that Agency as an employee on the completion by the employee of the course of instruction and training.

(2)  An applicant for a studentship –

(a) is to be eligible to be a student at the approved institution; and

(b) is to be a person who the Head of Agency considers has the necessary educational standard and skill for the position for which the person is being trained.

(3)  An application for a studentship –

(a) is to be made on a form approved by the Head of Agency and obtainable from that Agency; and

(b) is to be lodged with, or forwarded to, that Agency so as to reach that Agency on or before the date specified by that Agency as the closing date for lodging applications; and

(c) is to be accompanied by –

(i) the birth certificate of the applicant or such other evidence of the date and place of the applicant's birth as is approved by the Head of Agency; and

(ii) copies of testimonials as to the character of the applicant; and

(iii) a certificate of health in relation to the applicant by a legally-qualified medical practitioner.

(4)  A studentship –

(a) granted to a person to whom subregulation (1)(a) applies, has a duration of one, 2, 3 or 4 years; or

(b) granted to a person to whom subregulation (1)(b) applies, has a duration of one year or such other duration as the Minister may approve –

and may be extended on the application of the holder of the studentship for an additional year.

(5)  If the holder of a studentship is a person to whom subregulation (1)(a) applies, the person may, subject to subregulation (16) , on or before 31 December in the first year of the studentship, forward or deliver to the relevant Head of Agency a notice in writing, stating that the person does not wish to continue with that studentship.

(6)  There is payable to the holder of a studentship an allowance (to be known as a "studentship allowance" ) at such rate a year as the Minister may determine.

(7)  If the holder of a studentship is a person to whom subregulation (1)(a) applies, the Minister, in determining the appropriate rate of studentship allowance payable to the holder under subregulation (6) , is to take into consideration such of the following factors as are applicable:

(a) whether or not the holder has, before or at the commencement of the studentship –

(i) passed all the examinations for any year of a course of instruction and training; or

(ii) passed all the examinations for the first year of a course of instruction and training; or

(iii) passed all the examinations for the first and second years of a course of instruction and training;

(b) the age of the holder.

(8)  Subject to subregulation (9) , in addition to the studentship allowance payable to the holder of a studentship under subregulation (6) , an allowance (to be known as an "accommodation allowance" ), at such rate a year as the Minister may determine, may be paid to the holder if the Minister is satisfied that the holder is required to live away from his or her usual place of residence in order to take up the studentship.

(9)  An accommodation allowance for a married studentship holder is not payable –

(a) if the income of the spouse of the holder exceeds the adult minimum wage determined from time to time by the Tasmanian Industrial Commission; or

(b) if the spouse of the holder, also being a studentship holder, has been granted an accommodation allowance under this regulation.

(10)  An allowance under this regulation may be paid to the holder of a studentship as follows:

(a) an advance of such amount as the Minister may determine is to be paid from the studentship allowance, at such times during the year as the relevant Head of Agency may determine, for the purpose of buying books and other requisites needed by the holder in connection with the course of instruction and training being undertaken by the holder;

(b) the accommodation allowance (if any) and the balance of that studentship allowance is to be paid by equal quarterly instalments or at more frequent intervals as may be approved by the relevant Head of Agency.

(11)  Notwithstanding subregulation (12)(b) , the holder of a studentship is not required to repay an advance, or any part of an advance, made to the holder under subregulation (10)(a) if the holder resigns, or is dismissed, from the Agency in or by which the holder is employed or is to be employed during the year in which the advance is made.

(12)  The holder of a studentship is to enter into an agreement –

(a) to serve an Agency or to continue to serve an Agency, as the case may be, for a period of not more than 3 years; and

(b) to repay to the Crown, in default of so serving or continuing to serve –

(i) all fees paid on the holder's behalf in respect of his or her attendance at the approved institution at which the course of instruction and training was undertaken; and

(ii) all money paid to the holder by way of studentship allowances and accommodation allowances under this regulation; and

(iii) all money paid to the holder by way of additional allowances under regulation 32 .

(13)  The agreement to be entered into by the holder of a studentship under subregulation (12) is to contain the following provisions:

(a) that, if the holder gives to the relevant Head of Agency the notice referred to in subregulation (5) within the time prescribed by that subregulation, the studentship is to be terminated on the giving of that notice and all obligations and rights of both the holder and the Head of Agency are to be absolutely discharged and those obligations and each of them under that agreement are to be void;

(b) that the amount of the fees and other money repayable by the holder under the agreement is to be reducible in the same proportion as any period served by the holder in the Agency after the completion by the holder of the course of instruction and training bears to the total period of that course.

(14)  Notwithstanding the provisions of this regulation, the relevant Head of Agency may remit the amount of the fees and other money repayable by the holder of a studentship under the agreement entered into by the holder under subregulation (12) if the Head of Agency is of the opinion that exceptional circumstances exist for so remitting.

(15)  The relevant Head of Agency, with the approval of the approved institution, is to obtain reports in relation to the holder of a studentship, at such intervals as the Head of Agency considers necessary, in respect of the quality of the work, zeal and interest in studies of the holder, and any other relevant matters.

(16)  Subregulation (5) does not apply to the holder of a studentship who, at the date on which the holder was awarded that studentship, had undertaken part of the course of instruction and training for which the studentship was awarded.