14 April 2003 minutes

On the recommendation of the Nominating Committee, Senate

Resolved:

S/26/2003

to co-opt Sir William Heseltine for a term of three years, commencing when his current term expires on 24 July 2003.

Sir William then joined the meeting.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. STATE OF THE UNIVERSITY ADDRESS

The Vice Chancellor thanked the Mayor for use of the Council Chambers and for the City’s generous hospitality.

The Vice Chancellor gave a powerpoint presentation on the State of the University, summarising the University’s overall performance and identifying issues to focus on in 2003. This covered teaching, research, management and regional engagement. Among the successes, he drew attention to the University being ranked among the top 12 universities nationally in research income on a per capita basis; the excellent ratings the University receives in the Course Evaluation Questionnaire of graduates; a continuing rise in the proportion of the University budget that is non-government income (36% in 2001); growth in income from commercial developments; the proportions of students and staff who are indigenous or disabled are all above the national average for universities; the Rockingham Campus is getting closer to its projected student load; funding has been granted for a building at Mandurah; and the University has a slightly higher proportion of international students than the national average. Areas in which he identified the need for improvement are the University’s share of the fee-paying Australian postgraduate student market; employability of graduates; academic results of indigenous students; and income from investments and donations. Overall, he regards the state of the University as strong, because it is well placed to benefit from opportunities arising from the Crossroads review, and because the University is tightly controlling expenditure. He believes the Crossroads reforms will include increased equity incentives, incentives for collaboration with TAFE, regional funding, and increased funding subject to meeting industrial and governance conditions.

In response to questions, the Vice Chancellor advised that the Pro Vice Chancellor (Academic) is leading a study into what postgraduate courses are wanted by the market; funds for casual staff are at the same level as last year; the parameters for this year’s enterprise bargaining round have not been set yet; the MoU with the City of Mandurah is an in principle agreement to work together, without legal obligations; and ecological indicators could be added to future reporting.

4. STRATEGIC RISK MANAGEMENT PLAN

The meeting considered a draft Strategic Risk Management Plan that identified the top operational risks. The Director of Internal Audit and Risk Management (Mr Andrew Burchfield) outlined the methodology and consultative processes used in constructing the Plan, and its linkage to the University’s Strategic Plan. He advised that there is a high degree of similarity between this plan and that recently adopted by a major university interstate.

Several issues and suggestions were raised by individual Senators: whether residual risks being mostly the same as initial risk rankings means that more action needs to be taken; having academic staff salaries among the lowest in the country constitutes a risk, impacting on recruitment and retention of top staff, research output, teaching quality and institutional reputation; should Office Directors be included in the consultative process; perhaps a more detailed explanation is needed of why residual risk rankings are lowered; and the Audit and Risk Management Committee should be informed each quarter of any newly identified risks and changes in risk rankings. The meeting did not reach any conclusion on any of these points, but agreed they warranted consideration. The Vice Chancellor agreed to bring to the next Senate meeting advice on measures being taken to deal with the top three risks.

Resolved:

S/27/2003
(a)
to approve the attached Strategic Risk Management Plan as a draft, and invite Audit and Risk Management Committee to consider the suggestions raised at this meeting;

(b)
to forward this Plan to the Office of Policy and Planning for coverage in the next Planning process;

(c)
where the residual risk ranking is high or extreme, to request those persons nominated as Action Officers (in the last column of the Plan) to take action to further reduce the residual ranking by the specified date;

(d)
to request the Senior Executive Group to monitor on a monthly basis progress on those items with a residual risk ranking of high or extreme;

(e)
that Audit and Risk Management Committee monitor at its quarterly meetings the progress being taken on “Further Action Required”;

(f)
that this Plan be reviewed and updated annually by the Senior Executive Group and then by the Audit and Risk Management Committee, with the Committee reporting the results to Senate and recommending any changes if appropriate. These reviewed Risk Plans be forwarded to the Office of Policy and Planning for coverage in the next annual Strategic Planning process.

Mr Burchfield was thanked for his work on the Plan. As the Plan includes some confidential information, it was agreed that it will not be a public document. Copies will be attached to the minutes of Senators and senior executives only.

5. UNIVERSITY GOVERNANCE

A.       Review of Senate

The February Senate meeting had considered the report of consultant Maggie Cox on the performance of Senate, and asked the Senate processes working party to review her recommendations and advise Senate on what action to take on them. The meeting noted the minutes of the 24 March meeting of the working party. On the recommendation of the working party, Senate

Resolved:

S/28/2003
(a)
to note the working party’s advice on each of the recommendations of the Cox review of Senate, as contained in the table attached to the Senate agenda;

(b)
that a Senate retreat be held later this year;

(c)
Senate, on the advice of the Nominating Committee, should identify what particular skills and expertise within its membership should be strengthened and, when elections are held for Convocation Senators, this advice be included in the notice calling for nominations;

(d)
Senate encourage lay Senators to seek additional information from other Senators and senior staff to enable them to contribute as fully as possible to discussions;

(e)
Senate induction papers should advise that Senators can be forthright in expressing their views and that loyalty does not require consensus;

(f)
the Chancellor and Senate Committee Chairs should have the opportunity to undergo skills training in chairing meetings, if they so wish;

(g)
the Chancellor be encouraged to continue to optimise the Senate dinners, retreats, and any other functions as means of breaking down interpersonal barriers between Senators;

(h)
to ask the Vice Chancellor to involve Senators in the promotion of the University and its achievements as a means of raising the University’s profile in the community;

(i)
a register be prepared of each Senator’s skills, expertise, interests and the contributions he or she would like to make to the Senate;

(j)
lay Senators meet six monthly to get to know each other better and develop a more effective voice through informal conversations and contact;

(k)
Senate encourage the Vice Chancellor to use the networks of Senate members for the benefit of the University;

(l)
Senate dinners be linked on occasions with University Foundation activities;

(m)
Senators be asked to invite appropriate guests to meet the Vice-Chancellor and senior staff;

(n)
to ask the Vice Chancellor to arrange for Senators to become familiar with the business of the University through contact with staff and through visits to research and other University facilities.

B.       Senate Retreat

The working party had suggested that the Senate retreat needs to be very focused and well-prepared in order to be useful. On its recommendation, the meeting

Resolved:

S/29/2003

that the 2003 Senate retreat be organised along the following lines:

The theme be post-Crossroads, reviewing the implications for the University of the Government’s decisions on the Crossroads review

The Senate processes working party prepare the retreat agenda, and invite Senators to suggest issues they want to raise and to indicate if they wish to be involved in planning the retreat

The papers identify the top 4-5 issues

The pre-reading be provided well in advance

The senior executive attend part of the retreat, but there also be a Senators-only session

The retreat be held on the Murdoch Campus

It include a guided campus tour: a walk, bus tour, or on golf buggies

It be held on Saturday 23 August 2003

C.       University Strategic Plan - Governance Best Practice

When the November 2002 meeting of Senate discussed the draft Strategic Plan, one of the suggestions made was that the plan should include something on governance. The Deputy Vice Chancellor had taken this on board and prepared a draft. The Senate processes working party supported this, with some modifications. On its recommendation, the meeting

Resolved:

S/30/2003
(a)
that the University Strategic Plan contain a specific target that focuses on those aspects of best practice governance that apply to the setting and monitoring of strategies and outcomes;

(b)
to approve the following target:

Target: Senate will ensure that the key strategies of this Strategic Plan are implemented; that the outcomes are monitored annually; and that strategies and targets are amended to enable the University to take advantage of changes in the external environment.

(C)
the Senate of Murdoch University will strive to achieve best practice in leadership and governance of the University. In particular, it will:

1.
Adopt a Strategic Plan with a clear vision and strategic goals for the University

2.
Ensure that University planning and implementation is consonant with the goals

3.
Monitor the environment for higher education and amend the goals to best advantage the University

4.
Distinguish between its governance role and the responsibilities of management

5.
Govern lawfully and ethically in accordance with Commonwealth, State and its own legislation, and uphold best practice in ethical and cultural standards

6.
Maintain appropriate conventions and relationships with the Academic Council and the Guild of Students

7.
Review and approve the University budget and University finances on a regular basis

8.
Establish the leadership, management and accountability responsibilities of the Vice Chancellor

9.
Support management staff as they implement Senate policies and decisions

10.
Review its own efficiency and effectiveness on an annual basis

11.
Regularly review the responsibilities and efficiency of functioning of the Senate committee system

12.
Review Senate delegations every two years

13.
Induct new members of the governing body into their duties carefully

D.       Performance Reports to Senate

When approving a new system to annually review performance against the strategies in the Operational Plans in the University’s Strategic Plan, Senate had asked the working party to consider where innovation and incubation issues should be reported. The working party was unclear what the Senator concerned meant by “innovation and incubation issues”. Members felt that all reports on the Operational Plans should capture innovation and change. The working party had referred the matter to the Vice Chancellor for him to ensure that innovation is covered in these reports.

6. VICE CHANCELLOR'S REPORT

The meeting noted the Vice Chancellor’s written report. He reported orally that only seven students had opted out of membership of the Guild of Students; the federal Renewable Remote Power Generation Program has approved a $5.5m grant for the industry development component of a proposed Australian Renewable Energy Centre at Murdoch; Prof Jan Thomas has been appointed the AVCC representative on the joint steering committee for the Australian Universities Quality Forum; due to ill health, Prof Val Alder has transferred to a strategic research post in research, with Prof Andris Stelbovics being appointed interim Pro Vice Chancellor (Research) while the search process proceeds; the University has bid for student places in nursing for the Mandurah campus; the University has been successful in 2^nd round funding under the workplace reform program; the Innovative Research Universities group will have its next formal meeting in a fortnight, looking at benchmarking processes; the Murdoch Foundation Library Fund will be launched soon; Prof Liz Harman, former President of Academic Council, has been appointed Vice Chancellor of Victoria University; Northern Territory University is to merge with Centralian College to form Charles Darwin University; and Centenary Medals have been awarded to six Senators ^[1] and a number of Murdoch staff. The Vice Chancellor also drew attention to the report Proposal for a Murdoch University Regional Campus at PeeI, distributed before the meeting. This will be discussed at the May meeting of Senate.
Senate conveyed its thanks to Prof Alder for her performance in the role of Pro Vice Chancellor (Research). There were two matters on which the Vice Chancellor had recommendations for consideration by Senate.
6.1 Murdoch University Veterinary Trust

Resolved:

S/31/2003

to appoint Associate Professor Nick Costa as a Trustee of the Murdoch University Veterinary Trust for a term of three years.

6.2 Executive Dean of Health Sciences
The meeting went into committee for consideration of this item. On the recommendation of the Vice Chancellor, Senate

Resolved:

S/32/2003
(a)
to support a variation to the appointment process specified in Division Regulation 4, for making an appointment this year to the position of Executive Dean of the Division of Health Sciences;

(b)
subject to any necessary regulation change, to support the appointment of the person nominated by the Vice Chancellor, for a term expiring in 2007;

(c)
to authorise the Chair of Legislation Committee and University Secretary to finalise the wording of any regulation change needed to give effect to this appointment.

[Note: Subsequently the Chair of Legislation Committee determined that the most appropriate regulation amendment is one that has a broader coverage than the specific case discussed at the Senate meeting. The amendment would change Division Reg. 4 by adding: “(2) In exceptional circumstances Senate may authorise the Vice Chancellor to appoint an Executive Dean without using the process outlined in sub-regulation (1). Such a decision shall be made only after considering a report from the Vice Chancellor outlining why that appointment process should not be used.” This amendment was forwarded to members of Senate for decision by circulation, coming into effect when approved by an absolute majority of Senate on 28 April.]

7. STATUTE CHANGES

7.1       Statute No. 5 - Academic Council

The last meeting of Senate approved changes to Statute No. 5 - Academic Council. Notice of the proposed Statute changes had been displayed within the University in accordance with the provisions of section 25 of the Murdoch University Act. The University Secretary had received no objection to the amendments. Senate therefore

Resolved:

S/33/2003

to ratify the attached changes to Statute No. 5 - Academic Council.

The Chancellor declared that in accordance with s.25 of the Murdoch University Act, the resolution had been carried by an absolute majority of members of the Senate.

7.2       Statute No. 20 - Examinations

This Statute contains a reference to a section of Statute 23 – Student Discipline that changed when that Statute had a major rewrite in 2001. Legislation Committee had recommended an amendment to correct this.

Resolved:

S/34/2003

to amend s.6(3) of Statute No. 20 – Examinations by deleting “s.1.2.1” and in its place inserting “s.1.1”:

The Chancellor declared that the resolution had been carried by an absolute majority of members of the Senate.

7.3       Statute No. 4 – Degrees, Diplomas and Certificates and Statute No. 23 – Student Discipline

Last year a case arose of a student who was caught cheating and then withdrew from the University. The University’s lawyers advised that the University cannot take action under the Student Discipline Statute against a former student for misconduct, even where the disciplinary action was initiated prior to the student's withdrawal or cessation of enrolment. In order to address this deficiency, Legislation Committee had recommended changes to two Statutes: Statute No. 4 – Degrees, Diplomas and Certificates - to allow revocation of a degree, diploma or certificate; and Statute No. 23 – Student Discipline - to allow disciplinary action to be taken against former students who did not graduate. Such action would have to be initiated within 12 months of cessation of enrolment. However, there would be no time limit where the alleged misconduct occurred while the person was enrolled for a doctoral or research masters degree, or as part of an honours or coursework masters thesis.

Resolved:

S/35/2003

to approve the attached changes to Statute No. 4 – Degrees, Diplomas and Certificates and Statute No. 23 – Student Discipline.

The Chancellor declared that the resolution had been carried by an absolute majority of members of the Senate.

8. VICTORIAN GOVERNANCE REPORT

On the recommendation of the working party on University companies and consultancies, Senate had requested the University Secretary to review the full Victorian Review of University Governance report and advise Senate of the extent to which the recommendations contained in the report have been considered and/or adopted by Murdoch University. His report concluded that 10 of the 25 recommendations are not in place at Murdoch; two of these (#8 and #12) are changes that Senate has previously indicated it does not support. The meeting briefly discussed recommendations 15, 18 and 22, and agreed that the eight outstanding recommendations should be considered further.

Resolved:

S/36/2003

to refer parts of the Victorian Review of University Governance report to the following committees or person to consider and to advise Senate whether the University should act on the recommendation:

recommendation


      Audit & Risk Management Committee

      Legislation Committee

      Vice Chancellor

18, 22
1, 5-6, 16
14-15

Senate recorded its thanks to the University Secretary for his work on this and in assisting the working party on Senate processes with its work on governance, above the call of duty.

At the request of the Chancellor, the University Secretary reported on the 31 March national meeting of University Council Secretaries, which had been hosted by Murdoch. A Senator suggested that the notes of that meeting be made available to Senators on the Senate website.

9. MINUTES

Senate confirmed the minutes of the meeting held on 24 February 2003. It also noted action taken to implement the resolutions of that meeting. The Vice Chancellor has determined the following 2003 schedule for annual review reports of performance against the strategies in each of the Operational Plans in the University’s Strategic Plan:

Senate meeting Operational Plan

26 May 2003
7 July 2003
18 August 2003
6 October 2003 Regional Engagement Plan
Management Plan
Education Plan
Research Plan

10. ACADEMIC COUNCIL

The meeting noted the minutes of the meeting of the Academic Council held on 19 March 2003. There was one recommendation requiring Senate’s consideration.

10.1 New Courses: Certificate Regulations, Diploma Regulations and Master by Coursework Degree
Regulations

Academic Council had recommended amending Regulations to add new qualifications for introduction in 2004. Legislation Committee had endorsed the form of the legislative changes proposed, subject to changing the abbreviation for Aviation Management. The President of Council had accepted this modification on behalf of Council.

A Senator expressed the view that the proposed nursing degree, by having an almost entirely prescribed curriculum, was not consonant with the interdisciplinary goals of the University’s Strategic Plan. The Acting Executive Dean of Health Sciences responded that the degree will include about 22 points of interdisciplinary units, including one elective. The Chancellor advised that it is not for Senate to unravel Academic Council’s academic planning, but that the general issue of interdisciplinarity in academic planning is one the Senator could raise at the Senate retreat.

Resolved:

S/37/2003
(a)
to amend the Certificate Regulations by inserting:

1(c)
Dispute Resolution (GradCertDispRes), Early Childhood Education (GradCertEarlyChildEd), Special Needs Education (GradCertSpecNeeds Ed)

1(d)
Aviation Management (PgCertAvnMan)

(b)
to amend Diploma Regulation 1(c) by inserting “Environmental Forensics (PgDip EnvFor) “;

(c)
to amend the Master by Coursework Degree Regulations as follows:

Insert:

1(1)
LLM in Corporate Law (LLMCorpLaw), MBA in Aviation Management (MBAAvnMan)

2(1)
LLM in Corporate Law
Master of Science in Extractive Metallurgy
Master of Veterinary Studies in Veterinary Surveillance
MBA in Aviation Management
24 points
24 points
24 points
48 points

Amend as shown (additions in bold, deletions struck through):

2(2)
One academic year of study full-time shall constitute 24 points. The course structure for the Master of Business Administration, the MBA in Aviation Management ~~degree~~ and ~~that for~~ the Master of International Business degrees may combine two academic years in one calendar year.

11. RESOURCES COMMITTEE

The meeting noted the minutes of the meeting of Resources Committee held on 1 April 2003. It was noted that Resources Committee had appointed Mr John Gillam as its Deputy Chair for a term of three years to 31 March 2006. Several items contained recommendations to Senate.

11.1   Campus Chilled Water Upgrade

The Committee was advised that the demand for chilled water air-conditioning was increasing and only 40% of the existing University floor-space could currently be accommodated with existing infrastructure. The Committee had requested that the Vice Chancellor revisit the University’s policy with respect to both heating and cooling requirements, with a report to be brought to the Committee before the end of 2003.

A Senator queried whether the recommended chiller upgrade is consistent with the work of the Environmental Committee on geothermal loop air conditioning. The Chair of Environmental Committee responded that geothermal loop is best applied to permanently occupied areas rather than intermittently used teaching space such as lecture theatres, so it would not take the place of a chilled water unit. The meeting also noted that the upgraded chilled water facility would be more environmentally friendly than placing air conditioning units in office windows. The Chair of Environmental Committee advised that the University’s systems for monitoring its use of chilled water are unsatisfactory; the University needs to make better use of what it has. The Chancellor asked that Resources Committee and Environmental Committee be conscious of this, and in 2-3 months’ time inform Senate of what is the situation.

On the recommendation of Resources Committee, Senate

Resolved:

S/38/2003

to authorise the Vice Chancellor to enter into contractual arrangements to purchase and install a new chiller and reticulation system, using $900,000 from the capital works budget.

11.2   WA Treasury Loan Application – Law Building

Resolved:

S/39/2003
(a)
to approve the application for a WA Treasury loan of $500,000 for a period of 15 years for construction of the Law Building;

(b)
to require that the loan be established on an interest-only basis, with the principal repaid at the end of the loan term of 15 years.

11.3   Payments above $100,000

Resolved:

S/40/2003
(a)
to endorse approval given by the Vice Chancellor for the payments below $500,000 listed in the minutes of the Resources Committee meeting of 1 April 2003;

(b)
to approve the following payments that exceed the Vice Chancellor’s delegated authority:

Aon Insurance & Risk Services $887,598 2003 insurance premium

BGC Construction $1,089,016 payments re stages 4 & 5 of the St Ives Retirement Village

Australian Tax Office $678,810, $713,923, $699,865, $715,077 PAYE payroll deductions

11.4   Membership of Resources Committee

The Committee had resolved to co-opt Mr Bruce Blackall. Mr Blackall’s extensive business and taxation experience as a Senior Partner with Ernst & Young Chartered Accountants was noted, together with the successful work he had recently done in assisting the WA Symphony Orchestra.

All Senate committees and working parties have the power to co-opt up to two persons (from inside or outside the University). These appointments require the endorsement of Senate.

Resolved:

S/41/2003

to endorse the appointment of Mr Bruce Blackall to Resources Committee as a co-opted member for a term of three years, expiring on 31 March 2006.

11.5   Feeder College

The meeting considered this item in committee, after item 6.2. The Vice Chancellor gave an update on the legal action and the likelihood of achieving an out-of-court settlement. Senate discussed what the University could do in the future to minimise the necessity to resort to litigation.

11.6   St Ives Retirement Village

The Vice Chancellor offered to give the next meeting of Resources Committee an update on stage 5 of the St Ives development.

12. LEGISLATION COMMITTEE

The meeting noted the minutes of the decisions taken by circulation by Legislation Committee on 7 April 2003. These contained several recommendations to Senate that had been considered at items 7 and 10 above. There was one additional recommendation requiring consideration by Senate.

12.1 Guild Regulations 46, 51 and 54

The Guild Secretariat had proposed a common amendment to these three regulations, changing the date for calculating funds due to three Guild Councils, from the end of week 3 of semester to the HECS census date. The Committee endorsed a minor redrafting by the University Secretary.

Resolved:

S/42/2003

to amend Guild Regulations 46, 51 and 54 by deleting “This amount shall be determined as at the end of Week 3 of each semester”, and in its place inserting: “This amount shall be determined as of 31 March for semester one and 31 August for semester two.”

13. NOMINATING COMMITTEE

Senate noted the minutes of a matter considered by circulation by Nominating Committee. Its recommendation was considered under agenda item 1 above.

14. HONORARY AWARDS AND CEREMONIAL COMMITTEE

The meeting noted the minutes of the meeting of the Honorary Awards and Ceremonial Committee held on 21 March 2003. There were no recommendations to Senate:

15. ENVIRONMENTAL COMMITTEE

The meeting noted the minutes of the meeting of the Environmental Committee held on 26 February 2003. There were no recommendations to Senate.

16. PERFORMANCE OBJECTIVES OF THE SENIOR EXECUTIVES

The meeting noted a report from the Vice Chancellor on performance objectives for the University’s senior executives for 2003.

17. OFFICIAL SEAL

The meeting noted that, in accordance with resolution 90/85, the Official Seal of the University has been applied to the following documents since the last meeting of Senate –

Deed of Licence with S.M.E. Severgnini re licensing the student’s intellectual property

Deed of Licence with Mr Travis Woodward re licensing the student’s intellectual property

Lease Agreement with Somerville Baptist College Inc. for continuing lease of part of the Murdoch Campus by the College. [Expiry date June 2010]

NHMRC Research Funding Schemes Deed

Deed of Novation with the Minister for State Development and the Minister of Science concerning the State of WA taking over the obligations and rights of the Minister for State Development with respect to funding contracts for the Environmental Technology Centre and the Centre for Organic Waste Management

Deed of Novation with the Minister for State Development, the Minister of Science and Curtin University concerning the State of WA taking over the obligations and rights of the Minister for State Development with respect to funding contracts for the WA Biomedical Research Institute, the Centre for Intelligent Process Operations Management and the Centre for High-throughput Agricultural Genetic Analysis

First Deed of Variation with Environmental Solutions International Ltd

Deed of Agreement Variation with NHMRC

Footnote

[1] The Chancellor, Pro Chancellor, Vice Chancellor, Sir William Heseltine, Mr Malcolm Macpherson and Prof Jen McComb

³ ³ ³

Senate meetings will be held at 4.30 pm on the following dates:

FUTURE MEETING DATE	AGENDA PAPERS DEADLINE
Monday 26 May 2003	Thursday 15 May 2003
Monday 7 July 2003	Thursday 26 June 2003
Monday 18 August 2003	Thursday 7 August 2003
Monday 6 October 2003 - *at Rockingham*	Thursday 25 September 2003
Monday 24 November 2003	Thursday 13 November 2003

Murdoch University Senate