Murdoch University Senate

The next meeting of the Senate will be held in the Senate room on Monday 29 March 2004 at 4.30pm. Afternoon tea will be available in the foyer of the Senate Suite from 4pm. You are asked to wear your name badge.

After the meeting members are invited to have dinner in the Banksia Restaurant. The guest speaker on this occasion is the Executive Dean of the Division of Health Sciences, Professor Jim Reynoldson. The other staff attending the dinner are the Acting Dean of the School of Veterinary and Biomedical Sciences (Assoc Prof John Bolton), the Head of the School of Nursing (Rhonda Marriott) and the Dean of the of Psychology (Assoc Prof Iain Walker).

If you will be unable to remain for dinner, please advise Legal and Governance executive assistant Janis Wittber by 9.30am this Friday morning, so we can finalise catering numbers. [The University is billed for the dinner based on the numbers advised then.] Her number is 9360 2173.

Any Senator who would like additional information on any agenda item, or who has a motion or changes to recommendations which could be included in a supplementary agenda, is encouraged to contact me beforehand via e-mail a.bain@murdoch.edu.au. If you intend to speak to a particular item, please let me know in advance; this will assist the Chancellor in running the meeting.

Andrew Bain
University Secretary
24 March 2004

1.       MEMBERSHIP

Attached is the list of current members of Senate. Currently there are two vacancies. One of these is the nominee of the Leader of the Opposition. Mr Barnett has nominated a person to be appointed by the Governor. It is expected that this will be approved in time for that person to join Senate at its May meeting. The other vacancy is among the six positions filled by the Governor.

The Chancellor has appointed Mr Malcolm Macpherson as a member of the Governance Working Party.

2.      APOLOGIES

Ms Carolyn Jakobsen and Judge Kate O’Brien have recorded their apologies for this meeting, as they will be interstate. Any apologies received after circulation of the agenda will be reported to the meeting.

3.       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.

4.       IDENTIFICATION OF CONFIDENTIAL MATTERS AND PART D MATTERS FOR DISCUSSION 

Senators are asked to identify:

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

v       any matters in Part D 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. This is a change to the agenda being trialled at this meeting, along with a new Part B to deal with all confidential items.

PART A - MAJOR ISSUES

5.       STATE OF THE UNIVERSITY ADDRESS

At its first meeting each year, Senate receives from the Vice Chancellor an address on the State of the University (using agreed indicators and highlighting successes and challenges) and a report on any changes to the University’s external environment. This assists Senate to fulfil its role of focusing on strategic issues.

This year the address is in two parts. The first was a presentation at the last meeting focusing on strategic issues from 2003 and important issues for 2004. The second part is a presentation of statistical data.

The Vice Chancellor will introduce the report, which is then open for discussion.

6.       SENATE PRIORITIES FOR 2004

The February meeting of Senate asked Mr Macpherson to draft Senate priorities for 2004 in consultation with the Vice Chancellor, and to bring these to the March meeting of Senate. Senators with suggestions were asked to forward these to Mr Macpherson.

Attached for consideration is Mr Macpherson’s report.

At the February meeting, 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.

Note: Senate’s priorities for its work in 2003 were:

• select a new Chancellor

• position the University in the changed higher education context after the federal Government makes decisions arising from the Crossroads review

• ensure that the University budget does not go into deficit for 2003 or 2004, and broaden the University’s sources of funding

• develop strategies for regional campuses

• develop a vibrant campus life

• complete the MasterPlan for the South Street Campus

7.       UNIVERSITY FINANCES 2003

Attached are details of the University’s finances for 2003. The Director of Finance, Mrs Julie Keene, will give a Powerpoint presentation and invite discussion.

PART B - CONFIDENTIAL ITEMS

Senate will move in camera for this part of the meeting.

8.       CHANCELLOR’S COMMITTEE

8.1     Terms of Reference of the Chancellor’s Committee

8.2     Performance Objectives for the Vice Chancellor for 2003-04

9.       LAKEVIEW APARTMENTS

PART C - OTHER ISSUES FOR DISCUSSION

10.     VICE CHANCELLOR'S REPORT

11.     ANNUAL FINANCIAL STATEMENTS FOR 2003

Attached for consideration are the draft Financial Statements for 2003.

Resources Committee is expected to recommend that the Certificate of Financial Statements be certified by the Chancellor, the Vice Chancellor and the Principal Accounting Officer. It is also expected to recommend that the Certificate of Compliance be certified by the Chancellor and Vice Chancellor for inclusion in the 2003 Annual Report. The Committee’s discussion of the financial statements will be summarised in its minutes, which will be circulated prior to the Senate meeting.

The Financial Administration and Audit Act specifies that:

67.	Financial statements
	(1)	Unless the Treasurer otherwise approves, the financial statements referred to in section 66(1)(a) shall be prepared on an accrual accounting basis and shall consist of --
		(a)	a statement of financial transactions of the statutory authority for the financial year;
		(b)	a statement of the financial position of the statutory authority at the end of the financial year;
		(c)	proper and adequate notes to the financial statements; and
		(d)	such other financial statements and information as may be directed by the Treasurer's Instructions together with other financial information that the Minister may require.
	(2)	The financial statements referred to in subsection (1) shall --
		(a)	present fairly the financial transactions of the statutory authority during the financial year to which they relate;
		(b)	where a statement of financial position at the end of the financial year is required to be prepared, present fairly the financial position of the statutory authority at the end of the financial year; and
		(c)	be certified in the manner required by the Treasurer's Instructions.

12.     STATUTE CHANGES

12.1     Ratification of Statutes

The last meeting of Senate approved the attached amendments to Statute No. 5 - Academic Council and Statute No. 23 – Student Discipline. 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).

12.2     Academic Council has recommended amendments to two Statutes:

Statute No. 11 - Admissions

Council has recommended the following amendments, reflecting a change in the executive structure. Legislation Committee has endorsed the form of the amendments, subject to the use of “shall” instead of “will” on the three occasions where it appears. The President of Academic Council has accepted this on behalf of Council. The revised proposed amendments are [additions in bold, deletions struck through]:

2.

The Deputy Pro Vice Chancellor (Academic) shall will be responsible for determining the levels of admission quotas and targets for the entire University, for levels of study and for parts of the University. The Deputy Pro Vice Chancellor (Academic) shall will exercise this power only after consultation with the Executive Deans.

Statute No. 24 - Research & Development Board

The Statute requires another election whenever there is a vacancy in the student membership of the Board. Council recommends changing this to reflect the procedure that applies for Academic Council. Legislation Committee has endorsed the form of the amendments, subject to the use of “shall” instead of “will” on the three occasions where it appears. The President of Academic Council has accepted this on behalf of Council. The revised proposed amendments are [additions in bold, deletions struck through]:

8.	A casual vacancy of more than six months shall will be filled by a new appointment or election for the balance of the term as follows:
	-	staff members: Academic Council will appoint a replacement member.
	-	elected student member: the Secretariat of the Guild of Students will appoint a replacement member from among those students eligible for election to the position.

Senate is asked to approve the above amendments to these two Statutes. In accordance with s.25 of the Murdoch University Act, this requires an absolute majority (12 members).

PART D - OTHER ITEMS

13.     MINUTES

13.1     Confirmation of Minutes

Senate is asked to confirm the minutes of the meeting held on 23 February 2004, subject to a correction in S/16/2004: Regulation “2” should be Regulation “3”.

13.2     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.

14.     ACADEMIC COUNCIL

Attached are the minutes of the meeting of Academic Council held on 17 March 2004 and an overview by the President. The following items contain recommendations to Senate:

          AC/24/2004           9-Point Plan to Process Reconciliation
          AC/25(ii)/2004       Regulation Changes – New Courses
          AC/31/2004          Statute and Regulation Changes - Reallocation of Senior Executive Responsibilities
          AC/45/2004          Discontinuation of Courses, Majors, Minors and Units
          AC/51/2004          Statute No. 24 - Research & Development Board

The Statute changes are listed for discussion under agenda item 12.2 above. Legislation Committee has endorsed the form of the legislative changes proposed, subject to minor modifications outlined in its minutes (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.

15.     RESOURCES COMMITTEE

Resources Committee met on 23 March 2004, the same day the Senate agenda was to be printed. [This is a consequence of the Senate meeting having been brought forward by one week.] The minutes of the Committee meeting will be emailed to all Senators before the weekend. Recommendations to Senate were made on four matters:

          Annual Financial Statements for 2003 and Write-Offs
          Funds for Stage 1 of the Peel University Learning Centre
          St Ives Development
          Authorised Signatories – CBA Rental Agreement

The annual financial statements are listed for discussion under agenda item 11 above. The agenda papers for Resources Committee on the other three items are attached so that Senators have adequate notice of the subsequent recommendations.

16.     LEGISLATION COMMITTEE

Attached are the minutes of decisions made by circulation by Legislation Committee on 16 and 22 March 2004. The following items contain recommendations to Senate:

          LC/7/2004             Election Regulations
          LC/8/2004             Statute No. 24 – Research and Development Board
          LC/9/2004             Division Regulations
          LC/10/2004           Admissions Statute and Related Regulations
          LC/11/2004           Bachelor Degree Regulation 11A
          LC/12/2004           Certificate Regulations: New Qualifications
          LC/13-15/2004      Diploma Regulations
          LC/16/2004           Master by Coursework Degree Regulations: New Qualification

All but the first of the resolutions refer to items covered in the Academic Council minutes (agenda item 14 above).

17.     ENVIRONMENTAL COMMITTEE

Attached are the minutes of the meeting of the Environmental Committee held on 25 February 2004. There are no recommendations to Senate.

18.     GOVERNANCE WORKING PARTY

Attached are the minutes of the meeting of the Governance Working Party held on 2 March 2004. The following items contain recommendations to Senate:

          GWP/3/2004           Consultative Processes
          GWP/4/2004           Grievance Policy and Procedures

19.     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 –

• Lease Agreement for The Lunchbox – James and Jefrina Yeo

• NHMRC Equipment Grants Schedule

• Deed Poll Authority for Execution of Rental Schedules, with Commonwealth Bank of Australia

• Assignment of Lease for Carve a Roast at Food Court – Benern Py Ltd, Sharon Lucas and Shane Lucas

20.     MATTERS FOR NOTING

The Chancellor has introduced this as a new section of the agenda 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. Senator are welcome to forward to the University Secretary any suggestions of material they would like included.

Attached are:

☼      The Chancellor’s report on the 12 March national meeting of Chancellors.

☼  The University Secretary’s report on the 19 March national meeting of Council Secretaries.  

☼      Extracts from the executive summary of the PriceWaterhouseCoopers report on the losses at National Australia Bank.