Murdoch University Senate

1.       SENATE MEMBERSHIP

The Chancellor welcomed Dr Jim Macbeth, who rejoined Senate after an interval of three months since his previous term expired.

2.       SENATE COMMITTEES

The meeting noted that the Chancellor has made two appointments to Senate committees:

          Environmental Committee             Ms Carolyn Jakobsen
          Governance Working Party           Mr John Pease (General Counsel)

3.       DECLARATIONS OF INTEREST

Mr Gillam declared an interest in item 18.1.

4.       STATE OF THE UNIVERSITY ADDRESS

The Vice Chancellor gave a presentation on the State of the University. He outlined initiatives, achievements, opportunities and risks in each of four areas: Commonwealth higher education reforms, research, regional engagement, and management. Inter alia, he drew attention to excellent research performance, the new regional loading for the Rockingham and Peel campuses, the success of the new domestic fee-paying program (42 acceptances so far), the budget surplus for 2003, effective representation at the national level, and his confidence that the University will obtain a significant allocation of the HECS-funded growth places for WA universities. His overall assessment is that the University is in a sound state financially, with opportunities for strong growth in student numbers.

Issues raised in the ensuing discussion included: the location of headquarters of CRCs; improving campus life at the Rockingham Campus; consulting indigenous people about the campus master plan; growth in student numbers; the implications if there were a change in federal Government this year; the quality of teaching; and budget flexibility to fund growth. The meeting was informed that total student numbers (HECS, international fee-paying and domestic fee-paying) are projected to grow substantially over the next three years.

5.       SENATE PRIORITIES 2004

The first meeting of Senate each year sets Senate’s priorities for the year. The Chancellor explained that the priorities should be ways in which Senate can add value to the University and its reputation, both individually and collectively. The agenda suggested three priorities for 2004, as a starting point for discussion. These related to the Foundation, commercial income and the AUQA audit. Further suggestions made by individuals at the meeting were that the uncompleted priorities from last year should be retained for this year; the priorities should relate to the Strategic Plan; there should be priorities for matters needing decision by the governing body, as distinct from activities by individual Senators; there should be some ecological and social objectives, as well as the commercial ones; and the priorities could include something on Senate thinking about its own operations. The meeting asked Mr Macpherson to draft Senate priorities for 2004 in consultation with the Vice Chancellor, and to bring this to the March meeting of Senate. Senators with suggestions were asked to forward these to Mr Macpherson.

6.       VICE CHANCELLOR'S REPORT

The meeting noted the Vice Chancellor’s written report. This included advice that the founding Dean of Law, Professor Ralph Simmonds, has become the first academic to be appointed as a Justice of the Supreme Court of Western Australia.

Resolved: S/1/2004

to express Senate’s warmest thanks for Professor Ralph Simmonds’ sterling contribution to the University as a Foundation Professor and Dean of Law, to congratulate him on his appointment to the Supreme Court and wish him well in that position.

The Vice Chancellor was asked what would be the process for the University reaching a decision on whether or not to charge top-up HECS. The Vice Chancellor advised that the principles behind this are being considered by a working party of Academic Council; the President of Council will present these principles to Senate.

There were several recommendations in the Vice Chancellor’s report:

6.1       Naming of Professorial Chairs

The current Guidelines for the Naming of Chairs recommend that naming rights be considered if the full recurrent costs of establishing a Chair were met for a minimum of five years. Full recurrent costs are defined as the cost of a Professor's salary, a secretary's salary and all associated on-costs. The Vice Chancellor recommended that this requirement be varied in two cases, where the funding was for a full professorial salary (including on-costs) for three years. He also suggested that the Guidelines, which were written in 1990, be reviewed.

Resolved: S/2/2004	(a)	to suspend the Guidelines for the Naming of Chairs, pending the outcome of a review;
	(b)	to approve the naming of the City of Rockingham Chair of Education;
	(c)	to approve, in principle, the naming of a Chair of Nursing based on a financial commitment of $393,000 (plus GST) over 3 years;
	(d)	to request the External Chairs Working Party to review and recommend on changes to the Guidelines for the Naming of Chairs.

Mr Bradley recorded his dissent from part (b) of the resolution.

6.2       Naming of Buildings and Facilities

Fundraising for the Law Building has included a number of designated gifting opportunities which provide the opportunity for naming rights over specific facilities within the Building. The meeting debated the use of long names for facilities, and naming facilities after firms.

Resolved: S/3/2004	(a)	to approve naming of the facilities listed below within the new Building: Freehills Moot Court Mallesons Stephen Jaques Coffee House Blake Dawson Waldron Computer Lab Clayton Utz Computer Lab Jackson McDonald Teaching Lab Allens Arthur Robinson Teaching Lab Minter Ellison Digital Display Screen Skea & Hagen Moot Court Lawn
	(b)	to request the Director of Development, in consultation with the Director of Facilities Management, to review and recommend on changes to the Guidelines on Naming of Buildings and Facilities.

Ms Gaines recorded her abstention from the vote on (a), as these firms include members of the Law Society.

6.3       Professorial Selection Committees

Resolved: S/4/2004	to approve the following membership of Professorial Selection Committees:
	Chair in Education Professor John Yovich, Vice Chancellor (Chair) Professor Gary Martin, Executive Dean, Division of Arts Professor David Andrich, Dean, School of Education Professor Simone Volet, School of Education Ms Margaret Banks, Deputy Director General, Department of Education and Training Mrs Susan Roberts, Doctor of Education Student
	Chair in Fisheries Science Professor John Yovich, Vice Chancellor (Chair) Professor Yianni Attikouzel, Executive Dean, Division of Science and Engineering Professor Andris Stelbovics, Pro Vice Chancellor (Research) Associate Professor Max Cake, Head, School of Biological Sciences and Biotechnology Professor Valerie Alder, Executive Research Strategist Dr Lynnath Beckley, School of Environmental Science Associate Professor Frank Murray, School of Environmental Science Professor Ian Potter, Director, Centre Fish and Fisheries Mr Peter Rogers, Executive Director, Department of Fisheries Mr David Fairclough PhD Student

6.4       University Strategic Plan 2003-2007

Some minor modifications had been made to the Strategic Plan before it went to print.

Resolved: S/5/2004	(a)	to confirm the Chancellor’s approval of the following revisions to the University Strategic Plan 2003-2007: Management Goal Increase Achieve income by $30 million targets and diversify the sources by 2007. Teaching and Learning Goals and Outcomes This will be facilitated by the projection of a strong image as a successful research-intensive university with demonstrated pedagogical quality and innovation.
	(b)	to authorise the Vice Chancellor and Guild President to finalise the wording of the paragraph in the Vision statement that refers to the Guild of Students, on the understanding that if they do not agree, the matter will come back to the next Senate meeting for resolution.

The Vice Chancellor foreshadowed that some rephrasing of the KPIs in the Strategic Plan may be necessary to accommodate the responses of the Auditor General.

7.       AUDIT AND RISK MANAGEMENT

The meeting suspended Standing Order 30, which requires a break of at least five minutes if Senate has not completed its business after two hours.

The terms of reference of Audit and Risk Management Committee require it to report to Senate once a year “to provide an overview of audit and risk management matters”. The Chair of the Committee (Sir William Heseltine) introduced the first such annual report. He credited the Director of Audit and Risk Management for the good state of affairs indicated in the report. The Chancellor also placed on record Senate’s appreciation of the good work of the Committee.

7.1       Terms of Reference of the Audit and Risk Management Committee

The Committee believed that it is unrealistic to expect it to be able to ensure the University complies with all legal requirements, as the University is subject to more than 100 different legislative requirements. In future, it is suggested that the new General Counsel advise the Committee on this and satisfy the Committee that the University is reasonably managing its legal risks.

Resolved: S/6/2004	to amend the Terms of Reference of Audit and Risk Management Committee as follows:
	1	To ensure on behalf of the Senate that:
		(g)	the University complies with all legal requirements the University has in place sufficient policies, procedures and processes to ensure that it complies with all legal requirements.

8.       CHANCELLOR’S COMMITTEE

The Chancellor’s Committee met immediately prior to Senate. The Chancellor reported orally on its deliberations, foreshadowing that a recommendation will come to the March meeting of Senate to amend the terms of reference of the Committee to more accurately reflect its work.

9.       ACADEMIC COUNCIL

The meeting noted the minutes of the meetings of Academic Council held on 3 December 2003 and 28 January 2004. Two items contained recommendations to Senate; one of these was considered later with the report of Legislation Committee.

9.1       Master by Coursework Degree Regulations

Academic Council had recommended an amended abbreviation of title for a new masters degree to be offered jointly with three other universities, to align it with the abbreviation to be used by the other universities. It had also recommended an amendment concerning the admissions requirements for a 36 point Masters course. The form of the proposed amendments had been endorsed by Legislation Committee.

Resolved: S/7/2004	to approve the following amendments to the Master by Coursework Degree Regulations (additions in bold, deletions struck through):
	1	(1)	MNatSysE MNatSysEng
	24	(1)	To be eligible for admission to the University and into a Masters course, a student must have:
			(d e)	in the case of a 36 point Masters course:
				(i)	completed a four year Bachelors degree; or
				(ii)	completed a relevant three year Bachelor’s degree and have at least one year’s relevant work experience; or
				(iii)	completed a graduate or postgraduate diploma in a relevant area; or
				(iv)	demonstrated potential to undertake study at this level in the given area through relevant prior studies and/or experience."

10.      AUDIT AND RISK MANAGEMENT COMMITTEE

The meeting noted the minutes of the meeting of Audit and Risk Management Committee held on 3 February 2004. There is one recommendation to Senate; this was considered at item 7 above.

11.      ENVIRONMENTAL COMMITTEE

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

12.      HONORARY AWARDS AND CEREMONIAL COMMITTEE

Senate noted the minutes of the meeting of the Honorary Awards and Ceremonial Committee held on 5 December 2003. There were no recommendations to Senate. Senate noted that the Committee had awarded Senate Medals to Ms Gerri Box, Mr Rob Osborn and Ms Jill Soderstrom.

13.      UNIVERSITY GOVERNANCE

The meeting noted a tabled report from the Chancellor on the third National Conference on University Governance and on the national meeting of Chancellors. Both were held in Melbourne last November.

14.      ACADEMIC PROMOTIONS

The meeting noted a report on academic staff granted promotion with effect from 1 January 2004.

15.      SENATE MEETING DATES 2004

Resolved: S/8/2004

to endorse the Chancellor’s action in changing the 5 April 2004 Senate meeting date to 29 March 2004.

Senate noted that the September meeting has reverted to the date initially approved (Monday 27 September), the July meeting will be held at the Rockingham Campus and the September meeting in Mandurah.

16.      OFFICIAL SEAL

The meeting 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:

• Deed of Settlement with Tim Ryan concerning his postgraduate project and intellectual property

• Memorandum of Understanding with Wesfarmers Energy Ltd concerning agreement for construction

• Agreement with other members of the AJ Parker Centre to appoint the University as an agent for the joint venture

• Agreement for Provision of Investment Management Services, with Murdoch Ilo Pty Ltd and Murdoch Ventures Pty Ltd

17.      MINUTES

Senate confirmed the minutes of the meeting held on 24 November 2003. It also noted action taken to implement the resolutions of Senate; two of these items were discussed.

17.1       Student Grievance and Appeal Procedures

Last August Senate had appointed a working party to determine the content of a new University website on student grievance and appeal procedures. Concern was expressed that the working party had not yet met.

Resolved: S/9/2004

to appoint the Pro Vice Chancellor (Academic) as convenor of the working party on student grievance and appeal procedures.

17.2       Senior Executive Structure

Two Senators suggested that full Senate should be briefed by the Vice Chancellor on the new senior executive structure, so all Senators understand the structure of the senior executive and the rationale behind it. The Chancellor agreed that this will happen at the March meeting of Senate.

18.      RESOURCES COMMITTEE

Senate moved into committee at this stage. Mrs McMath and Mr Pease were invited to stay.

The meeting noted the minutes of the meeting of Resources Committee held on 10 February 2004. Three items contained recommendations to Senate.

18.1       Phoenix Project

Resources Committee had noted cost increases and measures being taken to reduce the cost to within the initial budget.

Resolved: S/10/2004

to authorise the Vice Chancellor to enter into an agreement to obtain loan funds up to $10 million to finance the construction of the “Phoenix” building.

Mr Gillam recorded his abstention from the vote.

18.2       Lake View Apartments

Resources Committee had considered what position the University should take in negotiations with the administrator of Lakeview Apartments (which are located on the Murdoch Campus). The Senate meeting was briefed orally by the General Counsel and by the Chair and Deputy Chair of Resources Committee. On the recommendation of the Committee, Senate

Resolved: S/11/2004	(a)	to authorise the Vice Chancellor to enter into an agreement to acquire the lease for Lakeview Apartments in the terms recommended by Resources Committee at its meeting of 10 February 2004, conditional upon the receipt of releases from all potential claimants;
	(b)	subject to execution of this agreement, to authorise the Vice Chancellor to obtain loan funds from the West Australian Treasury Corporation for this purpose, for the amount recommended by Resources Committee at its meeting of 10 February 2004.

18.3       Payments

Payments above $500,000 require the approval of Senate.

Resolved: S/12/2004

to approve the following payments: Haden Pty. Ltd – chilled water replacement for Library ($505,832.25) ATO – PAYG tax ($716,318) ATO – PAYG tax ($731,614) ATO – PAYG tax ($862,601) ATO – PAYG tax ($796,822) ATO – PAYG tax ($668,099)

19.      LEGISLATION COMMITTEE

The meeting noted the minutes of the meeting of Legislation Committee held on 11 February 2004. It noted that three amendments to the Murdoch University Act had come into force in mid-December: a streamlining of the Statute approval process when there is a long interval between Senate meetings; Senate’s ability to delegate to Academic Council has been put beyond question; and the reference to Registrar has been replaced with University Secretary. The Committee will consider whether there are any other amendments that the University might want made to the Act, given that the Act might be opened for amendments in the coming year to reflect the requirement of the new National Governance Protocols for Public Higher Education Institutions that university governing bodies be limited to 22 members.

One of the Committee’s resolutions related to an item considered with the recommendations of Academic Council, at item 9.1 above. There were several additional recommendations.

19.1       Statute No. 5 – Academic Council

Academic Council had recommended changes to its ex officio membership to reflect the new management structure. The form of the proposed amendments had been endorsed by Legislation Committee.

Resolved: S/13/2004	to approve the following amendments to Statute No. 5 – Academic Council (additions in bold, deletions struck through):
	2.	The members of the Academic Council shall be—
		(b)	The persons holding the following offices, ex officio—           Vice-Chancellor;           Deputy Vice-Chancellor;           Executive Deans of Divisions;           President of the Guild of Students;           Pro Vice-Chancellor (Academic)           Pro Vice-Chancellor (Regional Development)           Pro Vice-Chancellor (Research)           Pro Vice Chancellor (Strategy)           Managing Director, Division of Student Services, Marketing and                     International Affairs           Education Vice-President of the Guild of Students

The Chancellor declared that, in accordance with s.25(1) of the Murdoch University Act, this resolution was carried by an absolute majority of members of the Senate.

19.2       By-law 42

A By-law needed amending to allow for the new management structure.

Resolved: S/14/2004	to approve the following amendment to By-law 42:
	42.	The Deputy Vice Chancellor Pro Vice Chancellor (Resource Management) may from time to time prescribe parking fees to be paid for parking permits or by persons parking vehicles in specified parking bays or areas set aside for parking.

The Chancellor declared that, in accordance with s.24(4) of the Murdoch University Act, this resolution was carried by an absolute majority of members of the Senate.

19.3       Student Discipline Statute

This Statute contains a number of references to the Deputy Vice Chancellor, which need amending to allow for the new management structure.

Resolved: S/15/2004

to approve the attached amendments to Statute No. 23 – Student Discipline.

The Chancellor declared that, in accordance with s.25(1) of the Murdoch University Act, this resolution was carried by an absolute majority of members of the Senate.

19.4       Fees Regulations

Legislation Committee had recommended amendments to the Fees Regulations to reflect recent Senate decisions to approve the introduction of tuition fees for Australian undergraduate students, and to allow the charging of a tuition fee for undergraduate domestic students who have transferred from an international fee paying place (without restricting this to veterinary students); to allow for the introduction of two new charges (postage charges for mailing unit materials to overseas addresses, and recoupment of debt collection charges); and to reflect that there is no longer a Deputy Vice Chancellor.

The Guild President argued against the amendments that would allow students to be charged for postage for mailing unit materials to overseas addresses, and for recoupment of debt collection costs. A motion to delete the amendments to Regulation 1(d) was defeated.

Resolved: S/16/2004	to approve the following amendments to the Fees Regulations:
	1.	The following fees and charges may be imposed by the Fee Rules:
		(a)	tuition fees for international students; those postgraduate and non-award Australian students for whom such fees are permitted by Commonwealth legislation, and for undergraduate veterinary students who were previously (but are no longer) enrolled in the School of Veterinary and Biomedical Sciences as international fee-paying students;
		(b)	tuition fees for summer units;
		(c) (b)	charges for use of services, facilities, equipment and materials;
		(d) (c)	the following administrative charges: late fees, replacement testamur charge, special examination arrangements fee, enrolment reinstatement fee, academic transcript charge, University Handbook charge, replacement identity card charge, postage charges for mailing unit materials to overseas addresses, Library fines, bank charges, recoupment of debt collection charges;
		(e) (d)	rental fees and deposit charges for student accommodation;
		(f) (e)	contributions under the Higher Education Contribution Scheme, in accordance with the requirements of the Commonwealth Higher Education Funding Act.
	2.	The Deputy Vice Chancellor shall make Fee Rules determining:
		(h)	any other matters regarding fees and charges which the Deputy Vice Chancellor may consider necessary or convenient to give effect to these Regulations.

³ ³ ³