Murdoch University Senate

1.       MEMBERSHIP

The Chancellor reported that Mr Gillam had resigned from Senate, as his new employment as CEO of Bunnings requires him to relocate to Melbourne. The meeting expressed its good wishes and appreciation of the service Mr Gillam has given to the University.

Assoc Prof Ken Harrison’s term as an elected academic staff member expired on 1 August. Ordinarily an election would have been held prior to the position falling vacant. This election had been held over pending Senate’s decision on its desirable future size and composition, which will be determined at this meeting. The Chancellor had invited Prof Harrison to attend this meeting and to sit at the Senate table with speaking (though not voting) rights.

2.      DECLARATIONS OF INTEREST

There were no declarations of interest.

3.       VICE CHANCELLOR'S REPORT

The meeting noted the Vice Chancellor’s written report. In an oral report, he advised on progress of the new WA Agriculture Institute. He also drew attention to the success of Murdoch staff in obtaining ARC research grants; external sponsorship of Chairs; recognition of long-serving staff; launching of the Postgraduate Diploma in Professional Experience; relocation of the Kwinana Industries and Education Partnership to the Rockingham Campus; and the appointment of Prof John Edwards as Head of the School of Veterinary and Biomedical Sciences.

3.1    Naming of Chairs

The Vice Chancellor advised the University has been successful in obtaining sponsorship for a Chair of Entrepreneurship and Business Innovation and a Chair of Nursing, both to be located at the Peel Campus. The former is sponsored by the City of Mandurah, and the second by Health Solutions (WA) Pty Ltd, operators of the Peel Health Campus. Each has made a financial commitment of $390,000 (plus GST) over three years. Senate noted that this year is the first time the University has obtained a fully sponsored Chair, with three being funded. The Chancellor complimented the Vice Chancellor and his team on this performance.

Resolved: S/79/2004

to approve the naming of the City of Mandurah Chair of Entrepreneurship and Business Innovation and the Peel Health Campus Chair of Nursing.

4.       STRATEGIES FOR NEXT YEAR'S OPERATING BUDGET

The meeting noted the Vice Chancellor’s paper on proposed strategies for the University’s 2005 Operating Budget for the following year. In response to a question about the impact of this on the asbestos roof removal program, the Vice Chancellor advised that it will take some years to complete the program, and that consideration may need to be given to using investment income for this purpose.

5.       AMENDMENT OF STATUTE NO. 11 - ADMISSIONS

The Admissions Statute assigns to the Pro Vice Chancellor (Academic) responsibility for setting admissions quotas and targets. A subsequent rearrangement of executive portfolios has resulted in responsibility for admissions being transferred to the Pro Vice Chancellor (Strategy). On the recommendation of Legislation Committee, Senate

Resolved: S/80/2004

to approve the following amendment to Statute No. 11 - Admissions: [deletions struck through, additions in bold]:

2. The Pro Vice Chancellor (Academic) will be responsible Responsibility for determining the levels of admission quotas and targets - for the entire University, for levels of study and for parts of the University – rests with the appropriate Pro Vice Chancellor designated by the Bachelor Degree Regulations. The designated Pro Vice Chancellor (Academic) will exercise this power only after consultation with the Executive Deans.

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.

6.      SIZE AND COMPOSITION OF SENATE

The National Governance Protocols require that the membership of Senate be reduced from 25 to no more than 22 members, and do not allow the Guild President to remain a member ex officio. The meeting had before it a summary of the responses to the confidential questionnaire sent to all Senators inviting their views on the number of Senators there should be for each category of membership. This found that two thirds of Senators supported a Senate of 17-19 members.

The Chancellor moved that Senate support a membership of 19. Dr Macbeth moved an amendment of 22 members, which led to a wide-ranging discussion. Arguments expressed in favour of the larger size included the industry knowledge of internal members; Senate works effectively with the current size; larger numbers allow a greater range of skills and perspectives; it is the simplest model to implement; and there would still be a clear majority of lay Senators.

In favour of a smaller Senate, others argued that governance trends are towards smaller boards; the Senate poll results should be followed, given the large number of Senators unable to attend this meeting; a smaller Senate is more likely to focus on what is Senate business; Senate membership should not be about representation; and alternative avenues are available to gain wider views. A number of Senators favoured having a position on Senate for a postgraduate research student.

The amendment was defeated, on the casting vote of the Chancellor (who did not exercise a deliberative vote). The original motion was then carried, and a working party established.

The amendment was defeated, on the casting vote of the Chancellor (who did not exercise a deliberative vote). The original motion was then carried, and a working party established.

Resolved: S/81/2004	(a)	to request the WA Government to amend section 12 of the Murdoch University Act so as to reduce the maximum size of the Senate from 25 to 19 members, comprised in accordance with the attached table. The amendment should also:
		(1)	dispense with the separate categories of appointed members in paragraphs 12(1)(b), (g) and (i) of the Murdoch University Act and in their place create a single category of members appointed by the Governor; and
		(2)	include transitional provisions to the effect that the members of Senate at the time the amending legislation comes into force will continue to be members with terms expiring on the dates that apply to the respective member’s existing appointment or election. The transitional provisions also need to stipulate an expiry date applicable to the position on Senate currently nominated by the Minister (paragraph 12(1)(b)).
	(b)	pending the enactment and implementation of amending legislation consequent upon (a) of this resolution, Senate will adopt the principle of attrition so that its membership reduces to the size and composition approved in (a);
	(c)	authorise the General Counsel to complete the inter-university Joint Request for Legislative Amendments in a way that accurately reflects Senate’s intention in this resolution;
	(d)	to amend the Election Regulations by inserting a new clause 20 (as follows): Transitional provision relating to elections 20.    Where it considers it necessary or desirable to do so, the Senate may, by a majority of the members present, resolve to defer calling an election for any of the elected positions to the Senate pending the enactment and implementation of legislation to amend section 12 of the Murdoch University Act 1973 in compliance with the National Governance Protocols.
	(e)	pursuant to regulation 20 of the Election Regulations and consistent with Senate’s commitment to complying with the National Governance Protocols:
		(1)	to defer calling elections for the following categories of elected Senate members: the elected academic member that fell vacant on 1 August 2004; and any vacancies that arise in relation to Convocation members, the result of which would be to maintain more than two members from this category.
		(2)	to note that the Returning Officer will not hold a ballot for the two academic positions in respect of which nominations have already been called, and authorises the Returning Officer to re-open nominations for the elected academic position that falls vacant on 28 October 2004 and thereafter hold a ballot for that vacancy.
		(3)	part (e) of this resolution has effect until 31 August 2005 or the enactment and implementation of an amendment to the Murdoch University Act consequent upon this resolution, whichever occurs first.
	(f)	to invite the student and Convocation Senators to form a working party, chaired by Ms Gaines, to advise Senate on how the two student and two alumni Senators should be elected, including consideration of whether one of these positions should be for a research postgraduate.

7.       CHANCELLOR'S COMMITTEE

This item was withdrawn, as the committee had not yet had the opportunity to meet.

8.       NATIONAL GOVERNANCE PROTOCOLS

The Higher Education Support Act 2003 includes a requirement that all universities adhere to new National Governance Protocols for Higher Education Providers if they are to receive an increase in their basic grant from the Commonwealth. Universities have to show compliance with the Protocols by 31 August 2004 if they are to qualify for the 2.5% Commonwealth Grant Scheme funding increase in 2005. The amount at stake for the University next year is $1.95 million. The amounts are larger in subsequent years: 5% of the basic grant in 2006 and 7.5% in 2007.

The agenda papers contained a checklist containing the Governance Protocols and setting out how the University complies with each of them; a proposed joint submission by WA universities on changes to their Acts; recommendations from the Governance Working Party; and a paper on duties of Senators. The National Governance Protocols require the Murdoch University Act to be amended to specify the duties of Senators and sanctions for breaches of these duties. The Working Party took the approach that the amendments to the Act concerning duties of Senators should mirror the provisions in the federal Corporations Act. This will enable advice to be provided on what the provisions actually require, by reference to case law. It was noted that Senators are already subject to similar requirements under the WA Statutory Corporations (Liability of Directors) Act; the Working Party suggested the University be excluded from coverage by that Act in order to avoid any inconsistency as to duties. It also suggested a process of graduated penalties (censure, suspension, removal from office).

Senate noted the compliance checklist, and

Resolved: S/82/2004

to recommend to the State Government that the Murdoch University Act be amended as set out in the attached document Joint Request for Legislative Amendments;

9.      MINUTES

Senate confirmed the minutes of the meeting held on 5 July It also noted action taken to implement the resolutions of Senate.

10.      ACADEMIC COUNCIL

Senate noted the minutes of the meeting of Academic Council held on 21 July 2004. Several recommendations required consideration by Senate.

10.1    Bachelor Degree Regulations: New Degree, Double and Joint Degrees, Withdrawal from Units, Transfers by Students

Academic Council had recommended amendments to add a new bachelor degree being introduced in 2005, to give effect to new policies on Double Degrees, Second and Subsequent Degrees, Double Majors and Joint Degrees and on Transfer and New Enrolments for Existing Students between Courses, Majors, Campuses and Funding Sources, and to clarify approval of retrospective withdrawals. Legislation Committee had endorsed the form of the legislative changes proposed, but in two cases has recommended alternative wording in place of the wording of Regulations 2(6), 2(7) and 66 recommended by Academic Council The President of Council has accepted these modifications on behalf of Council.

Resolved: S/83/2004	to approve the following amendments to the Bachelor Degree Regulation [deletions struck though, additions shown in bold]:
		1(1)	insert: Bachelor of Animal Science (BAnimSc)
		2(5)	Joint degrees shall be undertaken concurrently and awarded together, and (except for the BSc/BVMS) may have some reduction in the total points required. Double degrees have no reduction in the points requirements of either degree, and can be taken either sequentially or concurrently.
		2(6)	Double degrees comprise two individually approved courses undertaken concurrently. he requirements for each course and major must be completed. Students must complete the requirements for each course and major. The degrees can be awarded together, or when each degree is completed.
		2(7)	Second degrees comprise two individually approved courses undertaken sequentially. A second degree is an individually approved course undertaken after completion of a Murdoch degree. The requirements for each course and major must be completed. Students must complete the requirements for the course and major.
		2(8)	A double major comprises two individually approved majors undertaken while a student is enrolled in a single course. The requirements of the course in which the student is enrolled and requirements of each major must be completed.
		5A.(2)	The manager of admissions Director of Prospective Students and Admissions shall decide on the admission of individual students and the manager of admissions shall act in accordance with policy on admissions approved by Academic Council; decisions on restricted course quotas and targets made by the Deputy Vice Chancellor; any operational policies and procedures approved by the Pro Vice Chancellor (Strategy) Managing Director, Division of Student Services, Marketing and International Affairs; and recommendations of the Executive Dean of the Division on selection into those majors for which Academic Council has approved additional selection criteria.
		13.(1)	A student may enrol in two or more majors at the same time, subject to admission being granted to any restricted major subject to quota. However, Academic Council may prohibit enrolment in two or more majors that have a substantial overlap in content.
		14	The Academic Council may approve a joint degree, which combines two courses but hasmay have a reduction in the total unit requirements of either or each course.
		15	An undergraduate student enrolled in the University is entitled to transfer to any non-restricted major. for which a quota has not been approved by Academic Council, provided he or she has completed at least one required unit of the major into which he or she was originally admitted. Where a quota on admission to a major has restricted entry has been approved by Academic Council, a student may apply for admission to that major in accordance with procedures approved by the Council.
		39.(4)	The Enrolments and Fees Officer may approve a variation to this regulation retrospective withdrawal with respect to any individual unit enrolment. Any such approval shall be in accordance with guidelines policy approved by the President of Academic Council.
		66	second bachelor degree double A student who holds a bachelor degree of this University or any other tertiary institution shall be required to complete an approved course of at least 24 points at Part II level to be eligible for the award of an additional bachelor degree (at ordinary or Honours level) of this University, except where: the first degree is surrendered before the award of the second degree, in which case no additional points are required provided the student has met the course and points requirements of the second degree, or; the second degree requires more than 72 points, in which case the number of points required shall be at least that number less 48 points. This sub-regulation does not apply if the degree is taken as one of the following sequences: Bachelor of Asian Studies (Specialist), taken by a student who has previously been awarded the Bachelor of Arts or Bachelor of Asian Studies.

10.2       Certificate Regulation 1: New Awards

Council had recommended amendments to reflect four new awards being introduced in 2005. Legislation Committee had endorsed the form of the legislative changes proposed.

Resolved: S/84/2004	to approve the following amendments to Certificate Regulation 1:
	1(c)	insert: Human Resource Management (GradCertHRM), Pharmacy Entry             (GradCertPharmEnt), Physics (GradCertPhys)
	1(d)	insert: Human Resource Management (PgCertHRM)

10.3       Diploma Regulations 1 & 29(2): New Awards and Intermediate Awards

Council had recommended amendments to reflect two new awards being introduced in 2005, and that students must elect to take out intermediate awards (i.e. a certificate which articulates into a diploma course). Legislation Committee had recommended an alternative wording for Regulation 1(1)(c), and the addition of Regulation 1A. The President of Council has accepted these modifications on behalf of Council.

Resolved: S/85/2004	to approve the following amendments to the Diploma Regulations [additions shown in bold]:
	1.(1)(b)	insert:Pharmacy Entry (GradDipPharmEnt), Physics (GradDipPhys),
	1.(1)(c)	insert: Advanced Mental Health Nursing <specialisation>, Sports Chiropractic (PgDipSportsChiro)
	1.(1A)	The title of the Postgraduate Diploma in Advanced Mental Health Nursing shall include the title of the specialisation completed. The specialisations shall be determined by Academic Council. The abbreviated title of the award shall be PgDipAdvMHNurs plus an abbreviated title of the specialisation, determined by the University Secretary.
	29(2)	A student enrolled in a diploma which has a corresponding certificate will, upon successful completion of the diploma, be eligible to apply to receive a testamur for both awards.

10.4       Master by Coursework Degree Regulations 1-2, 10 & 38(2): Discontinued Degree, Points Value of
             Dissertations, Intermediate Awards

Council had recommended amendments to discontinue a course that has no graduates, to delete an exception to the maximum points value of the dissertation in one degree, and to make it no longer automatic that students take out intermediate awards. Legislation Committee had endorsed the form of the legislative changes proposed.

Resolved: S/86/2004	to approve the following amendments to the Master by Coursework Degree Regulations [deletions struck though, additions shown in bold]:
	1.(1)	delete: LLM in Corporate Law (LLMCorpLaw)
	2.(1)	delete: LLM in Corporate Law 24 points
	10	A course may include a dissertation or report component, which shall not be greater than 12 points except in the case of the Master of Education honours degree.
	38(2)	A student enrolled in a 48-point degree, which has a corresponding postgraduate certificate and/or postgraduate diploma will, upon successful completion of the 48-point degree, be eligible to apply to receive a testamur for each of the corresponding awards.

11.      RESOURCES COMMITTEE

Senate noted the minutes of the meetings of Resources Committee held on 3 August 2004. There were no recommendations to Senate.

12.      LEGISLATION COMMITTEE

Senate noted the minutes of the meeting of Legislation Committee held on 29 July 2004. All its recommendations had been considered earlier in the meeting, at items 5 and 10.

13.      ENVIRONMENTAL COMMITTEE

Senate noted the minutes of the meeting of the Environmental Committee held on 7 July 2004. There were no recommendations to Senate.

14.      GOVERNANCE WORKING PARTY

Senate noted the minutes of the meeting of the Governance Working Party held on 9 August 2004. There were two recommendations to Senate, one of which was considered separately (at item 20).

14.1       Evaluation of Senate – Senate Retreat

The National Governance Protocols require Senate at regular intervals to “assess both its performance and its conformance with these Protocols and identify needed skills and expertise for the future”. The Working Party believed this should be folded in with the annual evaluation of Senate. It did not favour an external review every year. It favoured starting with evaluation of Senate as a whole, rather than of individual Senators. There should be an annual survey of Senators, looking at matters such as the adequacy of the information Senate receives, how well Senate and its committees are working, how Senate operates, and how Senate went about achieving the matters it had identified as its priorities.

Resolved: S/87/2004

that Senate hold a retreat on the weekend of 12 and 13 March 2005 or 2 and 3 April 2005 to review the performance of Senate (using as a basis for discussion a report on responses to a survey of Senators) and to identify issues for Senate for the coming year.

It was noted that Senators will be circularised as to their availability and preference with respect to these two dates.

15.      SENATE MEETING DATES FOR 2005

Resolved: S/88/2004

to approve the following Senate meeting dates for 2005, with all meetings to commence at 4.30pm:                     Tuesday 22 February                     Tuesday 5 April                     Tuesday 24 May                     Tuesday 28 June                     Tuesday 16 August                     Tuesday 11 October                     Tuesday 22 November

It was noted that the locations will be settled later by the Chancellor in consultation with the Vice Chancellor. [Note: Subsequently the Chancellor has needed to move the 5 April meeting. The new date is Tuesday 29 March. The next meeting will be asked to endorse this change.]

16.      ANNUAL SENATE DINNER

At the end of each year there is an annual Senate dinner to acknowledge the service of all Senators, especially those who retired during the year. Senators are invited to bring their partner on this occasion.

Resolved: S/89/2004

that the annual Senate dinner be held on Monday 29 November 2004.

17.      OFFICIAL SEAL

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

• Settlement Deed with Murdoch Lakeview Apartments Ltd, Professional Funds Management Pty Ltd, Gary Asher Barnard, John Charles Whitehead and the LEBUN investors

• Lease of Law Building coffee shop, with Imogen Corporation Pty Ltd, Aljato Pty Ltd, Andrew Gaby and Athan Mirmikidis

• Letter of transmittal of requests for amendments to Statutes No.1 and No.4

• Collaborative Award Program Agreement with University of WA, Curtin University and Edith Cowan University, for introduction of the joint Master of Transport Studies course.

• Australian Building Industry Contract with Merym Constructions, for construction of the Learning Centre at the Peel Campus

18.      MATTERS FOR NOTING

Senate noted information on two national conferences on University Governance being held later this year, press statement on university finances from the federal Minister for Education, Science and Training, and the overview section of the related publication, Finance, 2003.

19.      MARKETING AND BRANDING OF THE UNIVERSITY

Senate moved in camera for this item, though Murdoch staff were invited to remain. All present were asked to treat the information presented as confidential.

Mr Rob Lawrence, of Prospect Research and Marketing, gave a presentation summarising market research and recommendations on the development of a clearly differentiated and sustainable market position for Murdoch University. The research indicates an exceptionally high level of student satisfaction with the University. He outlined an integrated brand and positioning strategy for the University, based on the research. Senate discussed the mooted brand. The Vice Chancellor advised that Mr Lawrence will be working on this for some months; any feedback from Senators would be welcome, and can be forwarded to Mr John Pike.

Resolved: S/90/2004

to endorse the marketing and branding strategy outlined at this meeting.

20.      STATEMENT OF GOVERNANCE PRINCIPLES

The Governance Working Party had recommended Senate adopt a draft Statement of Governance Principles. This encompasses a Charter of Senate’s role and powers, details of all Standing Committees, a Code of Conduct for Senators, and the Standing Orders. The is based on existing Senate policies and resolutions, with some amplification on independence of Senators, evaluation of Senate, continuing professional development of Senators, and the role of the University Secretary and General Counsel. The Code of Conduct is a new document, largely reflecting the changes required by the National Governance Protocols in terms of duties for Senators. The Working Party foreshadowed that later this year it will undertake a closer review of the Standing Orders. Any questions or suggested changes should be directed to the University Secretary.

A number of editorial changes were agreed at the meeting.

Resolved: S/91/2004	(a)	to approve the attached Statement of Governance Principles , including the Standing Orders contained in the document in place of the existing ones;
	(b)	to rescind resolutions S/66-68/2001, S/70/2001(a)-(i), S/71/2001, S/73/2001, S/69-70/2002 and S/83/2002(a)-(c), which are consolidated and replaced by the Statement;
	(c)	to compliment the Governance Working Party and staff on the excellent standard of the governance papers.

³ ³ ³

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

FUTURE SENATE MEETING DATES	AGENDA PAPERS DEADLINE
Monday 27 September 2004 - at Mandurah	Thursday 16 September 2004
Monday 22 November 2004	Thursday 11 November 2004