Murdoch University Senate

1.       MEMBERSHIP

The meeting noted that the Leader of the Opposition has nominated a person to be appointed to Senate by the Governor on his nomination; that there is a vacancy among the six general positions filled by the Governor; and that the Chancellor has appointed Mr Malcolm Macpherson as a member of the Governance Working Party.

2.       DECLARATIONS OF INTEREST

There were no declarations of interest.

3.       STATE OF THE UNIVERSITY ADDRESS

The Vice Chancellor tabled a report on the University's performance in 2003 against indicators relating to the key outcomes of the Strategic Plan. Where available, trend data and comparative data for other universities was shown. In a presentation, he drew attention to several highlights: the University has maintained student satisfaction with the quality of teaching within the top 20% of the Australian public universities; the University's income increased again in 2003, with non-government income (including student HECS payments) increasing to 55% of total University income in 2003; full-fee paying postgraduate enrolments have grown, though more needs to be done in this area; international onshore enrolments have grown by 4%, with significant potential given that two major markets (China and India) are currently not among our top source countries; and the trend of reduced $/EFTSU to academic Divisions has been reversed in the 2004 University budget. Senate expressed its appreciation to the academic staff for the consistently high student evaluation of their teaching.

In response to questions stemming from his report, the Vice Chancellor advised that growth targets for international enrolments await the outcome of the review of international marketing; the University's research performance has exceeded the 5% cap on growth in IGS/RTS funding; and course completion rates are very similar to Australian averages, which are very stable.

3.1       Peel Campus

The Pro Vice Chancellor (Academic), Prof Jan Thomas, supplemented the Vice Chancellor’s report with an update on the Peel Campus. She tabled a report on demand for additional places there, which concluded that there is demand for science and business courses, which may be met in the first instance by foundation courses to test the market. She also gave a presentation on the academic profile of the Peel Campus. Marketing research is being commissioned on the areas of science most relevant to that region. This year the campus has 25 places (all in nursing), which the University plans to increase by 125 (in various courses) next year from the WA allocation of new DEST-funded student load. The campus will cater for up to 400 full-time equivalent students by the year 2007, subject to Commonwealth funding. The target enrolment is 2000 EFTSU in the first quarter of this century. The campus planning has shifted towards face-to-face pedagogy, in recognition of student needs and the nature of courses such as nursing which cannot be based primarily on on-line access to courses and learning resources. Currently Murdoch staff and teaching are accommodated in the TAFE facilities. The proposed model of collaboration has shared service contracts and a long term goal of partial integration. There is a Peel Steering Committee and a Peel Education and Training Board. Stage 1 of the University Learning Centre will be available for teaching in first semester 2005; stage 2 of the Centre will be required in 2007. Rockingham Campus enrolments are near capacity.

In response to questions, Prof Thomas advised that the nursing places at Peel were filled with ease; limitations on student placements would make it difficult to offer teacher education there; articulation arrangements with TAFE are still under discussion; the new railway line will provide opportunities for Peel students to study at other campuses; and the Learning Centre will be limited in the provision of student social spaces.

4.       SENATE PRIORITIES FOR 2004

The meeting considered draft Senate priorities for 2004, which had been prepared by Mr Macpherson in consultation with the Vice Chancellor. It was agreed that in future years setting Senate’s priorities could usefully follow a review of the extent to which it had met its priorities for the year just ended. It was suggested that community spirit involves more than the campus plan, and that consideration should be given to how sustainability affects management of the University more generally. Dr Macbeth offered to see if Prof Dunphy would allow his article on this to be circulated to Senators.

Resolved: S/17/2004	to adopt the following priorities for Senate for action, discussion and decision (as relevant) in 2004:
	1.	Governance: to review Murdoch’s governance practices in the context of the National Governance Protocols for Public Higher Education Institutions, with a report to come to Senate by mid-year.
	2.	Financial performance: to consider any proposals to diversify the University's sources of income. Individual members of Senate may wish to accept roles as 'ambassadors' for the Murdoch University Foundation. Senate will also closely monitor the performance of the University against the budget to ensure its financial health.
	3.	Community spirit: to consider and endorse, as appropriate, the elements of a new Campus Plan for the South Street Campus, by the end of September 2004.
	4.	AUQA audit: to familiarise itself with the audit process and its objectives, before the audit (which is scheduled after 2005).

5.       UNIVERSITY FINANCES 2003

The Director of Finance, Mrs Julie Keene, gave a presentation highlighting the key features of the University’s finances for 2003. The University finished the year in a good position with a net surplus of $4.388 million, which compared favourably with the budget. Part of this is committed funds, being research grants which will be committed in 2004. Cash reserves increased during the year, and the net asset position remains sound. Four challenges lie ahead: the staff mix and therefore staff costs continue to put pressure on the operating result; maintaining levels of research funding and review of accounting for research grants; increased activity for commercial activities and entity accounting; and further improvements to forecasting and to the timeliness of monthly and quarterly reporting.

Mrs Keene offered to brief Mr Bradley on the fees and charges items in the accounts. Some Senators asked whether the improved financial position and the cash reserves would allow additional funds to be allocated to teaching. The Vice Chancellor responded that the operating budget surplus was mostly committed funds, and academic Divisions are receiving a small increase in $/EFTSU this year, which will assist with teaching.

6.       CHANCELLOR’S COMMITTEE

Senate moved in camera. The Vice Chancellor withdrew from the meeting for this item.

6.1       Terms of Reference of the Chancellor's Committee

The Chancellor's Committee had recommended an expansion of its terms of reference to enable it to advise the Chancellor on broader issues where he seeks such advice. The Committee believed that this role is useful, and, in the interests of transparency, is best performed by a formal body. The Chancellor informed Senate that he finds it useful to have a sounding board of senior, experienced members of Senate, especially on broader issues. He would prefer to consult a formal body. At the same time, he would not be taking advice only from this committee; on student matters, for instance, he would seek advice from the Guild of Students and the student Senators.

The meeting discussed whether Senate should exercise oversight of the structure and performance objectives of the senior executive, and the extent to which Senate needs to be informed of management matters. Some argued that governance trends suggest the governing body needs to exercise oversight of management, which can be done without micromanaging. Some others felt this could stray into interference with management, and the Vice Chancellor carries responsibility for the senior executives. An intermediate view was that Senate might have oversight of the structure of the senior executive, but keep out of individual management of senior executive members, which is the responsibility of the Vice Chancellor. It also was suggested that the Vice Chancellor could report to the Chancellor's Committee on the performance of his executive team. However, a member opposed giving that Committee powers not available to full Senate. This debate was inconclusive. On the advice of the Chancellor's Committee, the meeting

Resolved: S/18/2004	(a)	to establish a Remuneration Subcommittee, comprising the Chancellor, Pro Chancellor and Chair of Resources Committee, to advise the Chancellor's Committee on the remuneration and conditions of service of the Vice Chancellor;
	(b)	to amend the Chancellor’s Committee’s fourth term of reference by inserting the words shown in bold: “To advise the Chancellor on governance or any other issues, where the Chancellor seeks such advice”;
	(c)	to ask the Governance Working Party to consider whether an Executive Committee or consultative arrangements are needed during the three month interval between the November and February meetings of Senate.

6.2       Performance Objectives for the Vice Chancellor for 2003-04

The meeting considered draft performance objectives for the Vice Chancellor, as recommended by the Chancellor’s Committee. After discussion, #7 was revised to clarify the role of Academic Council in decisions on the course profile.

Resolved: S/19/2004

to approve the attached performance objectives for the Vice Chancellor for 2003-04.

[Note: This is a confidential document, attached to the minute book, along with a record of matters Senate agreed to consider when developing performance objectives for 2004-5.]

There was a five minute break, in accordance with Standing Orders, as the meeting had not concluded after two hours.

7.       LAKEVIEW APARTMENTS

This item was considered in camera. The General Counsel provided an update on negotiations and legal advice.

Resolved: S/20/2004	(a)	to vary Senate resolution S/11/2004 by deleting “conditional upon the receipt of releases from all potential claimants” and inserting in lieu: “conditional upon the receipt of releases from all potential claimants, or executed on their behalf under power of attorney”;
	(b)	to ratify the making of the ‘without prejudice’ offer to Lakeview’s administrators which was sent by facsimile on 22 March 2004.

8.      RESOURCES COMMITTEE

Senate noted the minutes of the meeting of Resources Committee held on 23 March 2004. The Chancellor noted the comments on the management of Guild finances, and asked for a progress report at the next Senate. The Guild President stated that the issues are being addressed.

There were several recommendations to Senate.

8.1       Annual Financial Statements for 2003

The meeting considered the draft Financial Statements for 2003. The Chair of Resources Committee agreed to check whether a note could be added to the accounts clarifying the accounting treatment for research grant income. This arose out of a concern to avoid any misunderstanding as to the treatment of these funds. On the recommendation of Resources Committee, Senate

Resolved: S/21/2004	(a)	to approve the financial statements for the year ended 31 December 2003;
	(b)	to authorise the Chancellor, Vice Chancellor and Principal Accounting Officer to sign the Certification of Financial Statements;
	(c)	to approve the write-off of a debt totalling $86,230 for the year ended 31 December 2003, as detailed in the paper submitted to Resources Committee by the Director of Finance.

8.2       Funds for Stage 1 of the Peel University Learning Centre

Additional funding was needed after competitive tenders revealed a significant increase over project estimates. A Senator suggested that further approaches be made to the State Government to assist with funding for this building, given precedents at ECU.

Resolved: S/22/2004	(a)	to approve the allocation of an additional $800,000 from the capital works budget for construction of phase 1 at Peel campus;
	(b)	to authorise the Vice Chancellor to enter into contracts for this purpose up to the amount of $4.2 million.

8.3       St Ives Development

The Chancellor reminded those present that this item is commercial-in-confidence.

Resolved: S/23/2004	(a)	to approve the further development in the St Ives village complex, as outlined in resolution RC/6/2004 of Resources Committee;
	(b)	to authorise expenditure to the value of $9.1 million for this project, funded from surplus funds held by Murdoch Retirement Services Pty. Ltd.

8.4       Authorised Signatories - CBA Rental Agreement

 

Resolved: S/24/2004	(a)	to approve Mr Chris Foley and Mrs Julie Keene as authorised signatories for the purpose of executing Rental schedules under the terms of the “Planned Rental Agreement’ between the University and the Commonwealth Bank Ltd.;
	(b)	to authorise all persons subsequently occupying the position of Director IT Services or Director Financial Services (or equivalent) to automatically become authorised signatories to execute rental schedules.

8.5       Companies Working Party

Resolved: S/25/2004	(a)	to revive the working party on University companies, to review University policy in this area;
	(b)	that the members of the working party be the members of the original working party who are still members of Senate, with power to co-opt.

9.      MINUTES

Senate confirmed the minutes of the meeting held on 23 February 2004, subject to a correction in S/16/2004: Regulation “2” should be Regulation “3”. It also noted action taken to implement the resolutions of Senate.

Two Senators expressed concern that substantive points in Senate debates had not been minuted, especially when these relate to non-commercial issues. The Chancellor advised that he had moved to a less fulsome set of minutes, as the University can be disadvantaged when our competitors can see these and matters can be used out of context. He asked that the new system be tried for another meeting or two and reviewed mid-year.

10.      STATUTE CHANGES

10.1       Ratification of Studies

The last meeting of Senate approved amendments to Statute No. 5 - Academic Council and Statute No. 23 – Student Discipline. 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/26/2004

to ratify the attached changes to Statute No. 5 - Academic Council and Statute No. 23 – Student Discipline.

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.

10.2       Approval of Statutes

Academic Council has recommended amendments to two Statutes, to reflect a change in the executive structure and to simplify the procedure for filling student vacancies on the Research and Development Board.

Resolved: S/27/2004	to approve the following amendments to Statute No. 11 – Admissions and Statute No. 24 - Research & Development Board [additions in bold, deletions struck through]:
	Statute No. 11- Admissions
	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
	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.

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.

11.      ACADEMIC COUNCIL

Senate noted the minutes of the meeting of Academic Council held on 17 March 2004. Several items contained recommendations to Senate. Two of these had already been considered in item 10.2 above. The legislative proposals considered by Senate included minor drafting changes made by Legislation Committee.

11.1       9-Point Plan to Process Reconciliation

Academic Policy Committee had concerns regarding the lack of appropriate responses in the annual academic planning round, to the question on indigenous perspectives and the 9-Point Plan to Reconciliation. Academic Council had endorsed the Committee’s suggestion that point 6 of the 9-Point Plan should be amended.

Resolved: S/28/2004	to amend the 9-Point Plan to Reconciliation approved by Senate in 2001, as follows: [additions in bold, deletions struck through]:
	6.	Ensure that so far as is practical, indigenous perspectives are included in the teaching of other units all courses at the University.

11.2       Regulation Changes – New Courses

Resolved: S/29/2004	to approve the following amendments to the Certificate, Diploma and Master by Coursework Degree Regulations:
	Certificate Regulations
	1(d)	insert "Knowledge Management (PgCertKnowlMngt)"
	Diploma Regulations
	1(b)	insert "Knowledge Management (GradDipKnowlMngt)" and "Human Resource Management (GradDipHRM)
	1(c)	insert "Knowledge Management (PgDipKnowlMngt)" and "Human Resource Management (PgDipHRM)"
	2(1)	"Each diploma course shall extend over one academic year at least two trimesters and shall have a total points value of at least 24 points.”
	9	"Any project unit offered as part of a Postgraduate Diploma shall be at least 400 level."
	Master by Coursework Degree Regulations
	1(1)	insert "Master of Science in Environmental Architecture (MScEnvArch)"
	2(1)	insert "Master of Science in Environmental Architecture 48 points"

11.3       Regulation Changes - Reallocation of Senior Executive Responsibilities

Academic Council had recommended amendments to Regulations, reflecting a change in the executive structure.

Resolved: S/30/2004	(a)	to approve the attached changes to Division Regulations 2, 3(iv), 6 and 12(i);
	(b)	to approve the attached changes to Bachelor Degree Regulation 5A(3), Certificate Regulation 10(6), Diploma Regulation 17(7), Master by Coursework Degree Regulation 24(5) and Postgraduate Research Degrees
		Regulation 5, with effect from the date of gazettal of the amendment to s.2 of the Admissions Statute recommended at this meeting of Senate.

11.4       Bachelor Degree Regulations - Discontinuation of Courses, Majors, Minors & Units

Academic Council had approved a new policy on Discontinuations of Courses, Majors, Minors and Units, and wished to amend the regulations to require adherence to it.

Resolved: S/31/2004	to amend the Bachelor Degree Regulations by the addition of the following new Regulation 11A:
	11A. (1)	Subject to sub-regulations 11A(2) and (3), when a Division decides to discontinue a course, major, minor or unit, it will send written advice ("Advice") to all students affected by the discontinuance of the course, major, minor or unit, as the case may be.
	(2)	The Division must send the Advice within one month of making the decision to discontinue the respective course, major, minor or unit. The Advice will inform affected students as to their options as a result of the discontinuance.
	(3)	The President of Academic Council may waive the requirement to issue an Advice in respect of any discontinuance of a course, major, minor or unit.

11.5       HECS Top-up Fees

The report of the President of Academic Council included an outline of the consultations being undertaken by the working party which is considering the principles with respect to top-up fees. The working party is to report to Academic Council at its April meeting and to Senate at its May meeting. Given the importance of the issue, the three student Senators requested that the report come to the May meeting of Senate but a decision be held over till the July meeting. They believed this would be in keeping with the consultative procedures proposed by the Governance Working Party, and would allow for a more informed decision. The Chancellor noted their concerns, but felt it premature to respond in advance of knowledge of what will be the recommendations of the fees working party.

12.      VICE CHANCELLOR'S REPORT

The meeting noted the Vice Chancellor’s written report. In a brief oral report, he advised that the Office of Auditor General has given the University an unqualified audit on both its financial statements and performance indicators; the DEST profiles visit will take place this week; and Prof Hobbs has been elected a Fellow of the Australian Academy of Science.

Resolved: S/32/2004

to congratulate Professor Richard Hobbs on his election as a Fellow of the Australian Academy of Science.

The meeting noted a report on the structure and function of the senior executive. The Vice Chancellor advised that the position of Managing Director, Student Services, Marketing and International Affairs is under review.

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

12.1       Murdoch University Veterinary Trust

Academic Policy Committee had concerns regarding the lack of appropriate responses in the annual academic planning round, to the question on indigenous perspectives and the 9-Point Plan to Reconciliation. Academic Council had endorsed the Committee’s suggestion that point 6 of the 9-Point Plan should be amended.

Resolved: S/33/2004

to reappoint Mr Richard Lester, Dr Don Nickels, and Professor John Yovich as Trustees of the Murdoch University Veterinary Trust for another three years, expiring on 31 December 2006.

12.2       Strategic Plan 2003-2007

The February meeting of Senate authorised the Vice Chancellor and Guild President to finalise the wording of the paragraph in the Vision statement that refers to the Guild of Students. They had agreed on the wording.

Resolved: S/34/2004	to confirm the following revised wording to the Strategic Plan 2003-2007:
	Through excellence and accessibility in the learning environment, student care and service provision, Murdoch, in partnership with the Student Guild, will engender a vibrant and positive on-campus life. The University will also foster an expanding, active community of alumni.

13.      LEGISLATION COMMITTEE

Senate noted the minutes of decisions made by circulation by Legislation Committee on 16 and 22 March 2004. Nearly all the Committee’s resolutions related to items considered with the recommendations of Academic Council, at item 11 above. There was one additional recommendation:

13.1       Election Regulation 3

Election Regulation 3 requires all staff and students to be sent a notice inviting nominations. For the annual student elections, this has been sent out with the mailing of HECS Notices in September. It was proposed to amend the Regulation to put beyond doubt that email is acceptable as an alternative means of issuing this call for nominations. This would be much cheaper.

Resolved: S/35/2004	to approve the following amendments to Election Regulation 3:
	3.	(a)		Except for elections by Convocation, at least two weeks before the close of nominations, all persons entitled to vote ('electors') shall be sent a notice calling for nominations, which shall also state the deadline for nominations and when and how they may vote. A notice shall also be placed on an official notice board on each campus of the University a notice calling for nominations will be:
			(i)	sent to all persons entitled to vote (“electors”); and
			(ii)	placed on an official notice board on each campus of the University.
		(b)		For the purposes of sub-regulation 3(a), the notice:
			(i)	will state the deadline for nominations and when and how electors may vote; and
			(ii)	may, in the discretion of the Returning Officer, be sent by either post or email.
		(cb)	For elections by Convocation, at least three weeks before the close of nominations, all members of Convocation whose names appear on an electoral roll shall be sent a notice calling for nominations, which shall also state the deadline for nominations and when and how they may vote. Notices shall also be placed in one or more newspapers as determined by the Returning Officer.

14.      ENVIRONMENTAL COMMITTEE

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

15.      GOVERNANCE WORKING PARTY

Senate noted the minutes of the meeting of the Governance Working Party held on 2 March 2004. Two items contained recommendations to Senate:

15.1       Consultative Processes

The November meeting of Senate had referred to this working party the issue of what consultative processes should be used when sensitive or controversial issues come to Senate. This arose from discussion about tuition fees. The working party acknowledged that it is not feasible to design a one-size-fits-all set of consultative procedures that will cater for all situations. On its recommendation, Senate

Resolved: S/36/2004	(a)		to adopt the following policy on consultative processes:
		1.	The Chancellor has the discretion to direct that consultations be undertaken prior to any matter coming to Senate, and to stipulate who shall be consulted. The Chancellor may also require the matter to be held over until a subsequent Senate meeting to allow adequate consultations.
		2.	When a contentious matter is coming to Senate for decision, consideration be given to foreshadowing it with an agenda paper at one Senate meeting, with the debate to take place at the following meeting.
	(b)		to request the Vice Chancellor to put in place an issues management strategy to brief Senators on University news and issues as they arise, including provision of background information about sensitive matters before they appear in the press.

15.2       Grievance Policy and Procedures

The November meeting of Senate had requested the working party to review the University’s grievance policy and procedures in order to enhance transparency and accessibility. On the recommendation of the working party, Senate.

Resolved: S/37/2004

that establishing grievance policy and procedures is a matter for management. Senate’s role in this area is simply to be informed of how the University is responding to the Public Interest Disclosure Act and of what these policies and procedures are, so that it can be satisfied that the University is complying with the law and that the procedures are publicised within the University.

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 –

• 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

17.      MATTERS FOR NOTING

The Chancellor had 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. The meeting noted reports on the March national meetings of Chancellors and University Council Secretaries, and extracts from the PriceWaterhouseCoopers report on the losses at National Australia Bank.

18.      FAREWELL

The Senate recorded its appreciation of the services of Mrs Gaye McMath, who will be leaving the University on 31 March. The Chancellor drew attention to the noticeable improvement in the soundness of the University’s financial management during her period as Pro Vice Chancellor (Resource Management).

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