Murdoch University Senate

The next meeting of Senate will be held on Monday 5 July at 4.30pm, in the Senate room.

Andrew Bain
University Secretary
21 June 2004

1.       MEMBERSHIP

Attached is the list of current members of Senate.

This is the first meeting for Mr Terry Budge. He has been appointed on the nomination of the Premier, for a term expiring on 31 May 2007. He has provided the attached background information.

An election is imminent for one or two of the academic positions on Senate, as the terms of two academic Senators expire in coming months: Assoc Prof Ken Harrison on 1 August and Dr Jim Macbeth on 28 October. At agenda item 7, Senate will be considering a reduction in the size of Senate. Depending on the total size Senate chooses, one of the outcomes could be a reduction in the number of elected academic staff members. The Chancellor therefore has held over the Senate election until after this meeting of Senate.

2.       APOLOGIES

Assoc Prof Stuart Bradley, Alison Gaines and Judge Kate O’Brien have recorded their apologies for this meeting. Any apologies received after circulation of the agenda will be reported to the meeting.

3.       ELECTION OF PRO CHANCELLOR

The term of the current Pro Chancellor (Judge Kate O’Brien) expires on 9 July 2004. The May meeting of Senate invited Senators to submit nominations by 24 May, with a postal ballot then be conducted by the University Secretary. The outcome of that ballot was that Judge O’Brien was declared re-elected. Senate is asked to formally approve the outcome of the election, by resolving to elect Judge Kate O'Brien as Pro Chancellor for a further term of two years, expiring on 9 July 2006.

4.       DECLARATIONS OF INTEREST 

The Chancellor will ask whether any Senators have an interest to declare concerning any items on this agenda.

Senate has adopted the following statement on conflict of interest:

Senators have a duty to place the interests of the University before their own personal advantage (financial or otherwise) and the advantage of any other person or organisation (including the group that elected or appointed the Senator). Possible conflicts of interest include:

v       employment by, shareholding in or directorship of a company dealing with the University

v       membership of a body that is in competition or conflict with Murdoch University

v       for Murdoch staff members, out-sourcing or restructuring of their work sections

v       any matter under discussion that would result in personal financial advantage

v       government officials who are responsible for an aspect of policy or operations which affects a matter
         under consideration by the University

A matter which arises from membership of the group qualifying the Senator for election to Senate, and which is not otherwise special or personal to the Senator, is not a conflict of interest. (Examples could include students voting on assessment policy, or staff voting on a salary increase for all staff.)

At the start of each meeting of Senate and its committees, Senators must declare the nature, character and extent of any conflict of interest. In case of doubt, it is best to acknowledge possible conflict of interest. When conflict of interest is identified the Chair (subject to the views of the meeting) may ask the Senator to leave while the item of business is discussed; to participate in the discussion but withdraw from the meeting before the vote; to stay but not participate in the debate; or to stay with full rights to debate and vote. Where there is a significant conflict of interest, future papers on this matter might not be made available to the Senator concerned.

All declarations of interest shall be minuted, along with any ensuing action.

In addition, if any member of staff presenting a proposal to Senate or one of its committees has a conflict of interest, the person must declare that interest at the meeting.

5.       IDENTIFICATION OF CONFIDENTIAL MATTERS AND PART C MATTERS FOR DISCUSSION

Senators are asked to identify:

v       any matters they wish to have considered in committee, and

v       any matters in Part C which they wish to reserve for discussion

This will assist the Chancellor in managing the meeting so that agenda items receive sufficient time for discussion.

PART A - MAJOR ISSUES

6.       NAME OF SENATE

The Governance Working Party has recommended that Senate support its renaming as a Board of Trustees, and recommend to the Minister of Education that the Murdoch University Act be amended accordingly. Attached is a paper outlining the case for this change.

The Chancellor will introduce this item.

7.       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. Attached are:

• an overview and options paper from the Chancellor

• a table analysing the membership of university Councils in Australia

• a background paper on the philosophical basis for Senate membership

• a paper from the President of the Guild of Students

• a paper from Dr Jim Macbeth

• comments submitted by the President of the Academic Staff Association

The Governance Working Party suggests Senate consider two options: a Senate of 17 members or of 22. Any Senator who prefers an alternative number can move an amendment or foreshadow another motion.

The Chancellor will introduce this item.

Senate is asked to decide:

1. what should be the total size of Senate; and

2. how that number should be comprised: what categories of membership, and how many positions per category.

The Governance Working Party felt that there are a number of points on which general agreement could be obtained at the outset, expediting the debate. These principles are set out in #14 of the Chancellor’s paper. If Senate adopts the above principles, four issues remain to be addressed – these are set out in #16 of the Chancellor’s paper.

8.       ANNUAL REPORT ON EDUCATION OPERATIONAL PLAN

Standing Orders provide that Senate will receive an annual review of performance against the strategies in each of the Operational Plans in the University’s Strategic Plan. These reports are to include performance on key performance indicators; comparative data for the university sector; risk management; and a discussion paper on key issues for the University in that area. They are designed to enable Senate to exercise oversight of the strategic direction and performance of the University.

Attached for consideration is the annual report on the Education Operational Plan. It will be introduced by the Pro Vice Chancellor (Academic), Professor Jan Thomas, who will give a powerpoint presentation.

These are issues for Senate to discuss and critique, rather than to reach decisions. Subsequently the issues may return to Senate with recommendations from management for decision by Senate.

PART B - OTHER ISSUES FOR DISCUSSION

9.       VICE CHANCELLOR'S REPORT

10.     ACCOUNTABILITY FOR USE OF THE AMENITIES AND SERVICES FEE

Audit and Risk Management Committee has asked that Senate consider seeking an amendment to the Murdoch University Act to give Senate an express power to ensure that the Guild complies with its obligations in relation to expenditure of and accounting for the student Amenities and Services Fee. Attached are:

• a paper from the General Counsel

• a paper from the President of the Guild of Students

The Governance Working Party suggested that the Guild President’s paper needs to address directly the key issue of what sanctions are available if the Guild refuses to fulfil the requirements of the Act or of the Guild Statute.

The relevant parts of the Murdoch University Act are:

20A.	(1)	An annual amenities and services fee shall be set at an amount determined by the Senate after receiving a report from, and a recommendation by, the Guild.
	(2)	The Senate may determine that a different level of the amenities and services fee is payable by a specified class of students.
	(3)	The amenities and services fee is payable to the Senate by each student, except a student exempted from doing so, or made ineligible to do so, by Statute.
	(4)	The Senate shall pay to the Guild a percentage of the amenities and services fees collected that is not less than the percentage of students that are members of the Guild.
	(5)	Despite subsection (4), and regardless of the number of students who are members of the Guild, the percentage of the amenities and services fees paid to the Guild must exceed 50% of those fees.
	(6)	The part of the amenities and services fees not paid to the Guild is to be spent on student amenities and services in the manner agreed by the Senate and the Guild.
20B.	(1)	The Senate shall specify, by Statute, the broad categories of amenities and services to which the Guild may apply the fees paid to it.
	(2)	The Senate shall prescribe, by Statute, the processes for —
		(a)	determining the broad categories of amenities and services to which the Guild may apply the fees; and
		(b)	resolving disputes that arise in the process of those determinations.
	(3)	The Senate shall prescribe, by Statute, the measures by which the Guild is to account for the fees received, and those measures shall include —
		(a)	a requirement that the annual financial statements of the Guild are to be audited by an independent external auditor whose appointment requires Senate approval; and
		(b)	a requirement for the Guild to provide a copy of each audited balance sheet, and an annual statement of the Guild’s income and expenditure, to the Senate.
	(4)	The Senate shall prescribe, by Statute, the process for reaching agreement between the Senate and the Guild about the expenditure of the part of the amenities and services fees not paid to the Guild.

11.     STATUTE CHANGES

The May meeting of Senate approved the following amendments to Statutes:

Statute No. 1 - Official Seal
s.1-3	delete “Secretary” wherever it appears and insert “General Counsel” in its place
Statute No. 4 - Degrees, Diplomas and Certificates
s.7(3)	delete “Deputy Vice Chancellor” and in its place insert “General Counsel”

The University Act requires that these be ratified by a second Senate meeting before being submitted to the Governor for approval. Notice of the proposed Statute changes has been displayed within the University in accordance with the provisions of section 25 of the Murdoch University Act. At the time of the preparation of this agenda the University Secretary has received no objection to the amendments.

Senate is asked to ratify the Statute changes. In accordance with s.25 of the Murdoch University Act, this requires an absolute majority (12 members).

PART C - OTHER ITEMS

The Chancellor will put these as a single item for noting and for the acceptance of any recommendations contained in them. Senators may indicate any of these items they wish to reserve for discussion.

12.     MINUTES

12.1     Confirmation of Minutes

Senate is asked to confirm the minutes of the meetings held on 17 May and 28 June 2004. The minutes of the latter meeting will be distributed prior to the 5 July meeting.

12.2     Action on Resolutions of the Last Meeting

The attached action sheet records the resolutions of the previous meeting and action that had been taken to implement them. It also updates Senate on outstanding action items from previous meetings.

13.     ACADEMIC COUNCIL

Attached are the minutes of the meetings of Academic Council held on 19 May and 16 June 2004. The following items contain recommendations to Senate:

          AC/71/2004               2005 Academic Planning - Amendments to Regulations
          AC/87/2004               Diploma Regulations
          AC/89/2004               Bachelor Degree Regulation 1(1) & Diploma Regulation 1(1)(a)
          AC/90/2004               Postgraduate Research Degrees Regulation 1B
          AC/95/2004               Academic Planning 2005 - Joint MAppPsych/PhD
          AC/99/2004               HECS Top-up Fees
          AC/100/2004             2005 Academic Planning - Amendments to Regulations
          AC/107/2004             Master by Coursework Degree Regulations 2(2)
          AC/108/2004             Diploma Regulation 2(1) and Master Degree Regulation 10
          AC/112/2004             Academic Planning 2005 - Joint MAppPsych/PhD

The recommendation on HECS top-up fees was considered at the special meeting of Senate held on 28 June 2004.

Legislation Committee has endorsed the form of the legislative changes proposed, subject to two editorial modifications outlined in its minute (see agenda item 16 below). The President of Council has accepted these modifications on behalf of Council. Senate is asked to approve the recommendations, as modified.

14.     RESOURCES COMMITTEE

Attached are the minutes of the meetings of Resources Committee held on 22 June 2004. The following items contain recommendations to Senate:

          RC/11/2004               National Governance Protocols and Controlled Entities Policy
          RC/12/2004               St Ives Development
          RC/13/2004               Payments Above $500,000

15.     AUDIT AND RISK MANAGEMENT COMMITTEE

Attached are the minutes of the meeting of Audit and Risk Management Committee held on 11 May 2004. There is one recommendation to Senate:

          ARMC/1/2004            Accountability for Use of the Amenities and Services Fee

This is listed for discussion under agenda item 10 above.

16.     LEGISLATION COMMITTEE

Attached is the minute of the decisions made by circulation by Legislation Committee on 22 June 2004. The following items contain recommendations to Senate:

          LC/22/2004               Bachelor Degree Regulation 1(1)
          LC/23/2004               Certificate Regulation 1
          LC/24/2004               Diploma Regulations
          LC/25/2004               Master by Coursework Degree Regulations
          LC/26/2004               Postgraduate Research Degrees Regulation 1B

These are all considered as part of the Academic Council report, at item 13 above.

17.     ENVIRONMENTAL COMMITTEE

Attached are the minutes of the meeting of the Environmental Committee held on 19 May 2004. The Committee has made one recommendation to Senate, concerning Beeliar Park. The papers for that are also attached.

18.     GOVERNANCE WORKING PARTY

Attached are the minutes of the meetings of the Governance Working Party held on 19 May and 17 June 2004, plus the minute of the decision the Working Party made by circulation on 24 June 2004. The following items contain recommendations to Senate:

          GWP/10/2004           Name of Senate
          GWP/11-12/2004      Senate Retreat
          GWP/13/2004           Duties of Senate Members
          GWP/14/2004           Statement of Governance Principles
          GWP/15/2004           Size and Composition of Senate
          GWP/16/2004           Membership of Senate
          GWP/17/2004           Murdoch University Act - Commencement of Chancellor's Term
          GWP/18/2004           Murdoch University Act – Casual Vacancies on Senate

Two of these items – the name of Senate, and its size and composition - are listed for discussion under agenda items 6-7 above.

In additional to the minutes, several papers are attached:

• A paper on duties of Senators

• The proposed Statement of Governance Principles

The Chancellor has appointed Professor Gary Martin, Pro Vice Chancellor (Strategy), as an additional member of the Working Party.

19.     CHANCELLOR’S COMMITTEE

Attached is the report of the meeting of the Chancellor’s Committee held on 8 June 2004. The Committee has made one recommendation to Senate:

          CC/3/2004                 Vice Chancellor’s Performance Objectives 2004-05

20.     OFFICIAL SEAL

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 Novation with Australian Greenhouse Office and the Australian CRC for Renewable Energy Ltd to substitute Murdoch University for ACRE in the grant agreement.

• Joint Venture Agreement with Department of Land Information, Commonwealth Bureau of Meteorology, CSIRO and Curtin University re an X-band facility.

• Funding Agreement with the Department of Education, Science and Training regarding funding for the Aboriginal Tutorial Assistance Scheme.

21.     MATTERS FOR NOTING

This section of the agenda is to assist Senators with background information. From time to time, this may contain reports from the Chancellor, relevant newspaper articles, information on conferences, important diary dates, etc. Senators are welcome to forward to the University Secretary any suggestions of material they would like included.

Attached is the Auditor-General’s Report on Universities and TAFE Colleges, June 2004.

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