Murdoch University Senate

1.       MEMBERSHIP

The Chancellor welcomed Mr Terry Budge to his first meeting of Senate. Mr Budge has been appointed on the nomination of the Premier, for a term expiring on 31 May 2007. The meeting noted that the Chancellor has held over the Senate election by academic staff until after Senate decides on the future size of Senate, including the number of elected academic staff members.

2.       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 was then conducted by the University Secretary. In accordance with the outcome of that ballot, Senate

Resolved: S/61/2004

to elect Judge Kate O'Brien as Pro Chancellor for a further term of two years, expiring on 9 July 2006.

3.       DECLARATIONS OF INTEREST

There were no declarations of interest.

4.       LAKEVIEW APARTMENTS

The meeting went into committee for this item. The General Counsel was invited to remain.

At the Chancellor‘s invitation, Mr Vince Smith and Mr Roger Pratt joined the meeting and gave a “without prejudice” presentation on behalf of the LEBUN investors. They then left. The General Counsel then briefed the meeting, after which the meeting discussed what response the University should make to the counter-offer of $1.8m in full settlement. The meeting was unanimous in rejecting the proposal.

Resolved: S/62/2004

to instruct the General Counsel to reject the LEBUN investors’ counter-proposal outlined in the 30 June 2004 letter from Pitcher Partners and to reinstate Murdoch’s original settlement offer, subject to any settlement otherwise complying with the terms of Senate resolution S/11/2004 (as modified by resolution S/20/2004).

The Chancellor thanked Mr Pease and his staff for their work in resolving this issue.

5.       STATUTE CHANGES

The May meeting of Senate approved amendments to two Statutes. 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/63/2004	to ratify the following changes to Statute No. 1 - Official Seal and Statute No. 4 - Degrees, Diplomas and Certificates [deletions struck through, additions in bold]:
		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 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.       ACCOUNTABILITY FOR USE OF THE AMENITIES AND SERVICES FEE

Audit and Risk Management Committee had 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. The agenda papers contained papers from the General Counsel and the President of the Guild of Students.

The Chancellor withdrew this item, given the unresolved legal case concerning another university and the lack of an urgent need to take action. He asked that the Audit and Risk Management Committee keep a watching brief on this matter.

7.       VICE CHANCELLOR'S REPORT

The Vice Chancellor reported that the University has received 1,285 additional HECS-funded places in the period 2005-2008. This is the 4^th largest number of any Australian university and the largest of any university relative to its size. The University has gained 30% of the new places for WA universities. This will bring the University a new growth phase, increasing student load by 21%, with significant financial and other benefits. The Chancellor complimented the Vice Chancellor on his persistent and skilful negotiations which had led to this successful result. Senate congratulated the Vice Chancellor on this achievement, by acclamation.

The meeting noted the Vice Chancellor’s written report. In a brief oral report, he drew attention to the activities of the Murdoch University Foundation, the exceptional contribution of Mr Lester during his seven years as Chair of the Veterinary Trust, plans to establish an integrated agriculture, food and natural resources research institute in WA, the activities of the Innovative Research Universities Australia group, and the appointment of Prof Jan Thomas to the register of Australian Universities Quality Agency auditors.

Resolved: S/64/2004

to thank Mr Dick Lester for the outstanding contribution he made to the University as Chair of the Veterinary Trust from July 1997 – May 2004.

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

7.1       Professorial Selection Committee – Chair in Power Engineering

Resolved: S/65/2004

to approve the following membership of the Selection Committee for the Chair in Power Engineering: 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 Stuart Bradley, Head, School of Engineering Science Dr Parisa Bahri, Programme Chair, School of Engineering Science Dr Martina Calais, School of Engineering Science Associate Professor Lance Fung, School of Information Technology Mr Steve Lieblich, Independent Engineering Consultant and Chair of the Industry Advisory Committee of the School of Engineering Science Mr Malcolm Macpherson, Chair of the Board, Research Institute for Sustainable Energy (RISE) Ms Stephanie Dane, President of the Engineering Students Society

7.2       Murdoch University Foundation

The Trustees had appointed two additional Trustees, subject to ratification by Senate.

Resolved: S/66/2004

to ratify the appointment of Ms Karen Brown and Mr Terry Budge as Trustees of the Murdoch University Foundation.

7.3       Peel Campus Chair of Business

In addition to the Chair of Nursing, the University is currently seeking sponsorship for a Chair of Business to be located at the Peel Campus. Funding is being sought at the same level as obtained from the City of Rockingham for the Chair of Education, which Senate had approved in principle.

Resolved: S/67/2004

to approve, in principle, the naming of a Chair of Business based on a financial commitment of $390,000 (plus GST) over 3 years.

7.4       Student Guild - Amenities and Services Fee

The Fees Statute stipulates that "A portion of the fees transferred to the Guild (in an amount agreed between the Guild Secretariat and the Senate) shall be applied by the Guild to capital works for student amenities and facilities, to be spent in accordance with a plan developed in consultation with the Vice Chancellor". The Guild Secretariat has approved the expenditure of up to $119,000 on the following capital works projects:

• refurbishment of space on Bush Court in the old PS2.24 to enhance the Guild Shop, and to provide a new resource "Epicentre" ($50,000)

• a contribution towards the new roof for the Sports and Recreation Centre ($40,000)

• a Guild funded security escort vehicle to be utilised by the Guild in association with Murdoch University Security ($22,000)

• refurbishments to the Tavern and Sir Walter's Café ($7,000)

The Guild of Students and Vice Chancellor have recommended that $119,000 be allocated for these capital works.

Resolved: S/68/2004

to approve the expenditure of $119,000 on capital works for student amenities and facilities, from the 2004 Amenities and Services Fee income.

8.       ANNUAL REPORT ON EDUCATION OPERATIONAL PLAN

The meeting noted the annual report on the Education Operational Plan. The Pro Vice Chancellor (Academic), Professor Jan Thomas, gave a powerpoint presentation. KPI data shows that the University’s rating in teaching quality is excellent and continues to improve, overall student satisfaction is very good and has been stable at 84-86% over the last five years, while graduate employment outcomes and student progress rates need to improve. She outlined several initiatives underpinning key strategies in the Strategic Plan: “whole of School” curriculum development; easing the transition into University culture and learning; the flexible learning initiative; biennial surveys of “whole of university” experience; developing teacher skill sets through professional development; graduate skills assessment; workplace learning opportunities; employer advisory groups; graduate attributes; and academic quality assurance. She also advised on risks in this area.

Discussion focused on employment and progress rates. The President of Academic Council advised that the next meeting of Council will receive the report of a working party on graduate employment outcomes. Prof Thomas indicated that the relatively poor graduate employment rates are largely a factor of course mix and demographic variables; nonetheless, they need to be improved and there are several strategies to achieve this, e.g. a new Postgraduate Diploma in Professional Experience. Percentage results give a misleading impression of employment statistics, since a few individuals more or less result in wide fluctuations. With respect to retention rates, she is focusing on the overall first year experience for undergraduates, and on ensuring suitable academic preparation and support for students entering some courses with low retention.

Senate congratulated Prof Thomas on her report and on the work she is doing.

9.       NAME OF SENATE

The Governance Working Party had recommended that Senate be renamed as a Board of Trustees. It believed this title more clearly and accurately reflects the role of the University’s governing body. The change is intended to signal that the members of the governing body are trustees rather than representatives, and that the governing body is removed from management matters.

The meeting briefly discussed the proposal. There was little support for the change, it being argued that this would not make any substantive difference. A vote was taken, in which the proposal was lost 3-12. The matter therefore lapsed.

10.      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. The agenda papers contained 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, and papers from the President of the Guild of Students, Dr Macbeth and the President of the Academic Staff Association.

The Governance Working Party had proposed two options: a Senate of 17 members or of 22. There was a wide-ranging discussion, with all Senators contributing their views. In support of a smaller Senate, some argued that there is no benefit in having a larger body; in a larger board, members feel that their vote is of less significance; there should be less emphasis on representing constituencies; smaller groups tend to work better, with members contributing more and having greater opportunities to do so; and 17 members would provide a sufficient breadth of skills among the members. Others supported a minimal reduction in size, on the grounds that the current hybrid trustee/stakeholder model is healthy; the larger size allows a greater range of skills and views; the current size Senate is working well; and research does not show any link between size and effectiveness. A straw vote established that a majority (9-8) favoured a smaller Senate (16-18 members) than one of 21-22. As six Senators were unable to attend this meeting, a decision was deferred until collation of responses to a questionnaire on Senate size.

Resolved: S/69/2004	(a)	in compliance with the National Governance Protocols, to support a reduction in the number of Senate members to no more than 22;
	(b)	a decision on the desired size of Senate and its composition be made at the 16 August meeting of Senate;
	(c)	to request the Chancellor to send a confidential questionnaire to all Senators inviting their views on the number of Senators there should be for each category of membership, with these views to be collated and reported to the August meeting of Senate.

11.      MINUTES

Senate confirmed the minutes of the meetings held on 17 May and 28 June 2004. It also noted action taken to implement the resolutions of Senate.

12.      ACADEMIC COUNCIL

Senate noted the minutes of the meetings of Academic Council held on 19 May and 16 June 2004. The recommendation on HECS top-up fees had been considered at the special meeting of Senate on 28 June 2004. The recommendation to amend Master by Coursework Degree Regulation 10 has been withdrawn by the President of Academic Council. Several other recommendations required consideration by Senate. Legislation Committee had endorsed the form of the legislative changes proposed, subject to two editorial modifications. The President of Council has accepted these modifications on behalf of Council.

12.1       2005 Academic Planning - Amendments to Regulations

Academic Council had recommended amendments to the University’s internal legislation to reflect new courses being introduced in 2005 and the discontinuation of three courses.

Resolved: S/70/2004	to approve the following amendments to Bachelor Regulation 1, Certificate Regulation 1, Diploma Regulation 1 and Master by Coursework Degree Regulations 1-2:
		Bachelor Regulations
		1(1)	delete: Bachelor of Applied Policy (BAppPol)
		Certificate Regulations
		1(c)	insert: Creative Arts (GradCertCA)
		1(d)	insert: Applied Molecular Biology Techniques (PgCertAppMolBiol), Community Development (PgCertCommDev), Information Technology (PgCertIT)
		Diploma Regulations
		1(1)(a)	amend to read: “Diploma in University Studies (DipUniSt)”.
		1(1)(b)	insert: Creative Arts (GradDipCA), Nanoscience (GradDipNano)
		1(1)(c)	insert: Applied Molecular Biology Techniques (PgDipAppMolBiol), Community Development (PgDipCommDev), Information Technology (PgDipIT), Neuromusculoskeletal Rehabilitation (PgDipNeurRehab)
		Master by Coursework Degree Regulations
		1(1)	insert: Master of Pharmacy (MPharm), joint Master of Applied Psychology/Doctor of Philosophy (MAppPsych/PhD)
		2(1)	insert: Master of Arts in Community Development 48 points, Master of Pharmacy 72 points
		2(1)(a)	new. Insert: To qualify for the joint award of a Master of Applied Psychology and Doctor of Philosophy, a student shall complete 96 points.

12.2       Postgraduate Research Degrees Regulation 1B – New Research Degrees

Council had recommended an amendment so that the Research Degrees and Scholarships Committee must also be consulted before a new research degree is introduced.

Resolved: S/71/2004	to amend Postgraduate Research Degrees Regulation 1B as follows:
	1B.	The introduction of a new degree requires the approval of Academic Council. Council shall give such approval only after consideration of a submission from the Research and Development Board, made after the Board has considered the comments of Academic Policy Committee. after consideration of a submission from the Research and Development Board and comments from the Research Degrees and Scholarships Committee and comments from the Academic Policy Committee.

12.3       Master by Coursework Degree Regulation 2(2) – Duration of Degrees

Council had recommended amendments to provide for different duration of some degrees.

Resolved: S/72/2004	to amend Master by Coursework Degree Regulation 2(2) as follows:
		2.(2)	One academic year of study full-time shall constitute 24 points, except that:. The course structures for the following degrees may combine two academic years in one calendar year: Master of Business Administration, Master of Electronic Commerce, Master of Human Resource Management, MBA in International Business (China) and Master of Science in Telecommunications Management.
			(a)	The Master of Business Administration, MBA in Aviation Management, Master of Electronic Business, Master of Human Resource Management, MBA in International Business (China) and Master of Science in Telecommunications Management may combine two academic years in one calendar year;
			(b)	The Master of Pharmacy shall combine six trimesters of study in two calendar years.
			(c)	The course structure for the joint Master of Applied Psychology/Doctor of Philosophy shall constitute 96 points of 4 years full time study.

12.4       Diploma Regulation 2(1) – Duration

Council had recommended an amendment to reflect greater variation in the length of postgraduate diplomas.

Resolved: S/73/2004	to amend Diploma Regulation 2(1) as follows:
		2.(1)	Each Diploma course shall extend over at least two trimesters and shall have a total points value of at least 24 points.

13.      RESOURCES COMMITTEE

Senate noted the minutes of the meeting of Resources Committee held on 22 June 2004. Three items contained recommendations to Senate:

13.1       National Governance Protocols and Controlled Entities Policy

The University must be compliant with the National Governance Protocols by 31 August 2004 in order to qualify for funding increases under the Higher Education Support Act 2003. Protocol 10 requires Senate to oversee controlled entities by taking five measures. The University’s policy for Establishment and Operation of Incorporated Entities, together with the policy for Governance of University Entities, make Murdoch compliant with most of this Protocol. Two measures were recommended in order to ensure full compliance.

Resolved: S/74/2004	(a)	to note and approve the following changes the Vice Chancellor has made to the policy on Establishment and Operation of Incorporated Entities: [additions in bold, deletions struck through]
			17(c)(iv)	include at least one member who is a University appointee but who is not a staff member of the University. Where possible, this appointee will not be a member of the Senate or an officer or student of the University.
			25	An incorporated entity shall prepare an annual business plan, operate on approved budgets, and report to its shareholders on its activities at least every six months and in the case of more active entities, quarterly. The business plan, budgets and reports on activities will be presented its shareholders (or equivalent) for approval.
	(b)	to replace the existing s.1(h) of Resources Committee’s terms of reference with the following:
			(h)	exercise oversight of the finances of:
				(i)	all University subsidiary companies, including consideration and approval of a draft business plan and budget before the commencement of each financial year, and review of at least quarterly reports against the business plan and the annual audited financial statements;
				(ii)	all University trusts and foundations; and
				(iii)	the Guild of Students.

13.2       St Ives Development

Last year Senate approved an extension of the St Ives development encompassing an additional 1.85 hectares comprising a staged development of 36 units. The University currently has registered a memorial to cover the existing St Ives development. However, the memorial must be extended due to the additional land that the new development will occupy.

Resolved: S/75/2004

to amend resolution S/89/2003 by inserting: ", subject to obtaining all regulatory approvals, including extension of the memorial, no. H129491 registered in compliance with section 15 of the Retirement Villages Act 1992 (WA)”.

13.3       Payments Above $500,000

Resolved: S/76/2004

to approve the following payments: ATO – PAYG tax ($744,097) ATO – PAYG tax ($729,282) ATO – PAYG tax ($740,772) ATO – PAYG tax ($792,261) WA Treasury Corporation - St Ives development - final payment ($5,671,217)

14.      AUDIT AND RISK MANAGEMENT COMMITTEE

Senate noted the minutes of the meeting of Audit and Risk Management Committee held on 11 May 2004. There was one recommendation to Senate, which had been considered earlier in the meeting at item 6.

15.      LEGISLATION COMMITTEE

Senate noted the minute of the decisions made by circulation by Legislation Committee on 22 June 2004. The recommendations had been considered as part of the Academic Council report, at item 12 above.

16.      ENVIRONMENTAL COMMITTEE

Senate noted the minutes of the meeting of the Environmental Committee held on 19 May 2004. The Committee had made one recommendation.

16.1       Beeliar Park

Regional Parks provide the opportunity for a consortium of land management agencies and private landowners to manage all their lands in a coordinated and integrated way. The Beeliar Regional Park stretches from Blue Gum Lake in Mt Pleasant to the Spectacles Swamps in Kwinana. Murdoch University was originally part of the Park. Environmental Committee recommended that appropriate parts of the University lands be included in the Park. This would not require any change in the University’s ownership and management authority of this land.

Resolved: S/77/2004	(a)	to approve the inclusion of the Banksia Woodland Reserve, Chelodina Reserve and Melaleuca Swamp within the Beeliar Regional Park;
	(b)	to approve the University’s participation in the finalisation of the Beeliar Regional Park Management Plan.

17.      CHANCELLOR’S COMMITTEE

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

17.1       Vice Chancellor’s Performance Objectives 2004-05

Resolved: S/78/2004

to approve the attached performance objectives for the Vice Chancellor for 2004-5.

[Note: This is a confidential document, attached to the minutes of Senate members only.]

18.      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 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.

19.      MATTERS FOR NOTING

The meeting noted the Auditor-General’s Report on Universities and TAFE Colleges, June 2004.

The meeting closed at 7.23pm.

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