Murdoch University Senate

The next meeting of Senate will be held on Monday 27 September at 4.30pm,in
the Mandurah City Council chambers, Mandurah Terrace. The coach will
depart from the Chancellery of the Murdoch Campus at 3.15pm.

Andrew Bain
University Secretary
21 September 2004

1.       MEMBERSHIP

Dr Jim Macbeth’s term on Senate expires on 28 October 2004. An election is underway to fill that position. There are four candidates. Voting closes at noon on the day of the Senate meeting. The outcome of the election will be announced at the meeting.

Attached is the list of current members of Senate.

2.       APOLOGIES

Ms Pat Allen, Ms Janice Bowra, Ms Carolyn Jakobsen, Mr Dick Lester, Mr Bob Pett and Dr Melanie Strawbridge have recorded their apologies for this meeting.

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. Under Standing Order 4.3, Senators must declare the nature, character and extent of any material personal interest. In case of doubt, a possible material personal interest must be declared.

Senate’s policy on material personal interests is set out in the following section of the Code of Conduct:

Material personal interests

2.10	A Senator who has a material personal interest in a matter that relates to the affairs of the University must give the other Senators either:
	2.10.1	notice of the interest; or
	2.10.2	standing notice of the interest.
2.11	The notice of a material personal interest must:
	2.11.1	give details of:
		2.11.1.1	the nature and extent of the interest; and
		2.11.1.2	the relation of the interest to the affairs of the University; and
	2.11.2	be given at a Senate meeting as soon as practicable after the Senator becomes aware of his or her interest in the matter, with full details of the interest to be recorded in the minutes of the meeting.
2.12	A standing notice of a material personal interest:
	2.12.1	may be given:
		2.12.1.1	at any time and whether or not the matter relates to the affairs of the University at the time the notice is given; and
		2.12.1.2	to the other Senators before the interest becomes a material personal interest.
	2.12.2	takes effect as soon as it is given; and
	2.12.3	ceases to have effect:
		2.12.3.1	if a person who was not a Senator at the time when the notice was given is appointed as a Senator until such time as the standing notice is given to the new Senator; and
		2.12.3.2	in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.
2.13	A Senator who has a material personal interest in a matter that is being considered at a Senate meeting must not:
	2.13.1	be present while the matter is being considered at the meeting; or
	2.13.2	vote on the matter,
	unless:
	2.13.3	the interest does not need to be disclosed; or
	2.13.4	the Senators who do not have a material personal interest in the matter have passed a resolution that:
		2.13.4.1	identifies the Senator, the nature and extent of his or her interest in the matter and its relation to the affairs of the University; and
		2.13.4.2	states that those Senators are satisfied that the interest should not disqualify the Senator from voting or being present.
2.14	If the Chancellor perceives there to be a material personal interest of which a Senator may be unaware, the Chancellor will raise it with the Senator concerned before the meeting. Chairs of committees will do likewise with meetings of their committees.
2.15	Examples of potential material personal interest include:
	2.15.1	employment by, shareholding in or directorship of a company dealing with the University;
	2.15.2	membership of a body that is in competition or conflict with the University;
	2.15.3	for University employees, outsourcing or restructuring of their work sections;
	2.15.4	any matter under discussion that would result in personal financial advantage; and
	2.15.5	government officials who are responsible for an aspect of policy or operations which affects a matter under consideration by the University.
2.16	A matter that arises from membership of the group qualifying the Senator for election to the Senate, and which is not otherwise special or personal to the Senator, is not a material personal interest (e.g. students voting on assessment policy, or staff voting on a salary increase for all staff).
2.17	A contravention of this requirement by a Senator does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.

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.

PART A - MAJOR ISSUES

5.       ANNUAL REPORT ON RESEARCH

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 Research Operational Plan. It will be introduced by the Pro Vice Chancellor (Research), Professor Andris Stelbovics, 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.

6.       ANNUAL REPORT ON MANAGEMENT

Attached for consideration is the annual report on the Management Operational Plan. It will be introduced by the Pro Vice Chancellor (Resource Management), Mr Ian Callahan, 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

7.       VICE CHANCELLOR'S REPORT

8.       NAMING OF CHAIRS, BUILDINGS AND FACILITIES

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. At the February 2004 meeting of Senate, 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. Senate

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.

In July 2004, Senate resolved to approve, in principle, the naming of a Chair of Business based on a financial commitment of $390,000 (plus GST) over 3 years. This funding is at the same level as obtained from the City of Rockingham for the Chair of Education.

The February 2004 meeting of Senate also considered issues related to the naming of buildings. 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 the naming of facilities after firms. Senate

Resolved: S/3/2004	(a)	to approve naming of the facilities listed below within the new Law 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)	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.

The two sets of guidelines have been reviewed together. Attached is a report and recommended new policy on Naming of Chairs, Buildings and Facilities.

9.       STATUTE AMENDMENTS

9.1      Statute No. 11 – Admissions

The last meeting of Senate approved the following amendment to Statute No. 11 – Admissions:

2.

The Pro Vice Chancellor (Academic) will be responsible Responsibility for determining the levels of admission quotas and targets - for the entire University, for levels of study and for parts of the University – rests with the appropriate Pro Vice Chancellor designated by the Bachelor Degree Regulations. The designated Pro Vice Chancellor (Academic) will exercise this power only after consultation with the Executive Deans.

The University Act requires that this 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 change. In accordance with s.25 of the Murdoch University Act, this requires an absolute majority (12 members).

9.2      Statute No. 24 – Research and Development Board

Academic Council had recommended that this Statute be amended to reflect a change of nomenclature, to add as members the Chairs of the Board’s standing committees, and to remove a spent clause. The proposed amendments are: [additions in bold, deletions struck though]

5.	The Board shall consist of:
	(d)	the Director of the Office of Research Management Division of Research and Development;
	(e)	the Chair of any Board standing committee as an ex officio member;
	(e f)	up to three members co-opted by the Board.
6.	(2)	An appointed member of the Board shall not serve for more than six consecutive years.
	(4)	The terms of the previously appointed members of the Board shall expire upon gazettal of this Statute.

Legislation Committee has recommended that 5(e) instead read:

(e)

the Chair of any Board standing committee (ex officio);

Senate is asked to approve the amendment to this Statute, in the form recommended by Legislation Committee. In accordance with s.25 of the Murdoch University Act, this resolution requires an absolute majority (12 members).

10.     MEMBERSHIP OF SENATE

The last meeting of Senate resolved to invite the student and Convocation Senators to form a working party, chaired by Ms Gaines, to advise Senate on how the two student and two alumni Senators should be elected, including consideration of whether one of these positions should be for a research postgraduate.

The Working Party met on 7 September. Attached is its report.

The matter raised in the second recommendation was considered by the Governance Working Party when it met on 9 August 2004. The discussion is recorded in the following extract from its minutes:

• student members: The Working Party endorses the proposal that two members should be elected as at present by all eligible voters.  The Guild President argued that one member should be nominated by the Guild Secretariat. This was not supported by the meeting. It is not necessary at present to decide on this point or on any other proposed change from current practice, as Murdoch University is permitted to amend its Statutes appropriately provided that the total number of student members remains at two.

Attached is a paper from the General Counsel addressing legislative issues raised by recommendation 2 of the Working Party.

PART C - CONFIDENTIAL MATTERS

Senate will move in camera for these items.

11.     CHANCELLOR’S COMMITTEE

The meeting will move into committee for this item. The Vice Chancellor will also withdraw from the meeting.

The Vice Chancellor Statute states that:

6.	The remuneration and conditions of service of the Vice Chancellor shall be determined by the Chancellor’s Committee. The Committee shall –
	(a)	comprise the Chancellor, the Pro Chancellor, the Chair of the Senate Committee concerned with resources, and at least two other members appointed by the Chancellor from among the members of the Senate who are not staff or students of the University;
	(b)	act in accordance with any guidelines which may be set by the Senate;
	(c)	report to the Senate on its decisions and on the procedures followed in arriving at these decisions.

In March 2004, Senate resolved 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. The Chancellor’s Committee met on 7 September to consider the recommendation of the Remuneration Subcommittee. The Chancellor will provide an oral report to Senate on the decision of the Committee.

12.     MURDOCH COLLEGE LITIGATION

PART D - OTHER ITEMS

The Chancellor will put these as a single item for noting and for the acceptance of any recommendations contained in them. Any Senator may request that any of these items be reserved for discussion.

13.     MINUTES

13.1     Confirmation of Minutes

Senate is asked to confirm the minutes of the meeting held on 16 August 2004.

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 meetings of Academic Council held on 15 September 2004, and a summary of the report of the Offshore Courses Review. The following items contain recommendations to Senate:

          AC/139/2004             Master by Coursework Degree Regulation 2 (1)
          AC/144-45/2004         Bachelor Degree Regulation 49(1) – Unit Appeals
          AC/147/2004             Bachelor Degree Regulation 41 – Assessment Results
          AC/148/2004             Bachelor Degree Regulation 49 - Appeals
          AC/157/2004             Statute No.24 – Research and Development Board
          AC/160/2004             Division Regulation 4(1) – Selection Committees for Executive Deans
          AC/161/2004             Master by Coursework Degree Regulation 4(1)
          AC/163/2004             Workplace Learning Policy – Regulation Changes

The recommendation about Statute No. 24 is listed for discussion at item 9.2 above.

Legislation Committee has endorsed the form of some of the legislative changes proposed, but in several cases has recommended alternative wording in place of the amendments recommended by Academic Council (see agenda item 19 below - resolutions LC/38/2004, LC/39/2004, LC/40/2004 and LC/42/2004). It has also recommended that Senate ask Academic Council to clarify the intent behind the proposed amendment to Certificate Regulation 11.

The President of Council has accepted these modifications on behalf of Council. Senate is asked to approve the recommendations, as modified.

15.     AUDIT AND RISK MANAGEMENT COMMITTEE

Attached are the minutes of the meeting of the Audit and Risk Management Committee held on 10 August 2004. There are no recommendations to Senate.

16.     ENVIRONMENTAL COMMITTEE

Attached are the minutes of the meeting of the Environmental Committee held on 18 August 2004. There are no recommendations to Senate.

17.     EQUITY AND EQUAL OPPORTUNITY COMMITTEE

Attached are the minutes of the meeting of the Equity and Equal Opportunity Committee held on 18 August 2004. There are no recommendations to Senate.

The Committee has co-opted Dr Sally Cawley as a member. Such appointments require endorsement by Senate. As the Committee’s major meeting of the year was before Senate met, the Chancellor has approved the co-option of Dr Cawley on behalf of Senate. Senate is asked to endorse this decision.

18.     HONORARY AWARDS AND CEREMONIAL COMMITTEE

Attached are the minutes of the meeting of the Committee held on 17 August 2004. There is one recommendation to Senate:

          HACC/1/2004           Terms of Reference of the Committee

19.     LEGISLATION COMMITTEE

Attached are the minutes of the meeting of Legislation Committee held on 20 September 2004. The following items contain recommendations to Senate:

          LC/38/2004               Statute No. 24 - Research & Development Board
          LC/39/2004               Division Regulation 4 – Appointment of Executive Deans
          LC/40/2004               Professional Doctorate Regulations
          LC/41/2004               Master by Coursework Degree Regulations 2 and 4
          LC/42/2004               Regulation Amendments re Workplace Learning
          LC/43/2004               Bachelor Regulations - Assessment and Appeals

All these items will be considered earlier in the agenda, at items 9.2 and 14.

20.     RESOURCES COMMITTEE

Attached are the minutes of the meetings of Resources Committee held on 14 September 2004. There are three recommendations to Senate:

          RC/14/2004               Murdoch College Litigation
          RC/15/2004               Peel Campus – application for Capital Development Pool funds
          RC/16/2004               Approval of Payments

21.     AMENITIES AND SERVICES FEE

The Murdoch University Act stipulates that “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.” [s.20A(1)]

Statute No. 22 – Fees states:

3.	(1)	Every student, other than those exempt under the Fee Regulations, is required to pay the amenities and services fee, in accordance with s.20A of the Murdoch University Act.
	(2)	The amount of the fee shall be determined by Senate after receiving a report and recommendation from the Guild of Students. In the absence of a report by the Guild by 15 September in any year, concerning the fees payable for the following year, Senate may determine the fee in any event, provided that if it does not do so, the fee shall remain unchanged for the following year.
	(3)	The Senate may determine different fee levels for different classes of students.
	(4)	The Senate shall pay to the Guild the amenities and services fees received from all students who are members of the Guild, or 51% of the total fees received, whichever is the greater.

In October 2002, Senate resolved that the amenities and services fee be set at the following levels for 2003:

	full-time students at the Murdoch Campus	$140
	part-time students at the Murdoch Campus, and full-time students at the Rockingham Campus	$70
	part-time students at the Rockingham Campus, and external students	$35

In the absence of any decision to vary the fee, the fee remained at those levels for 2004.

In accordance with the provisions of the Statute, the Guild of Students has submitted the attached report, which recommends that Peel students be charged the equivalent Amenities and Services fee to Rockingham students.

22.     SENATE RETREAT 2005

The last meeting of Senate resolved to hold a retreat on the weekend of 12 and 13 March 2005 or 2 and April 2005 to review the performance of Senate (using as a basis for discussion a report on responses to a survey of Senators) and to identify issues for Senate for the coming year. It was noted that Senators will be circularised as to their availability and preference with respect to these two dates.

All Senators were emailed about their availability on these two weekends. One Senator (and probably a second) will be unavailable on the first weekend, while three will be unavailable on the second weekend. The Chancellor recommends that Senate approve holding the Senate retreat on the weekend of 12 and 13 March 2005.

The terms of reference of the Governance Working Party include the planning of any Senate retreat(s). The Working Party will consider this at its next meeting.

23.     SENATE MEETING DATES FOR 2005

The last meeting of Senate approved the Senate meeting dates for 2005. Subsequently the Chancellor has needed to move the 5 April meeting. The new date is Tuesday 29 March. The meeting is asked to endorse this change.

[Note: The email notifying all Senators of the 2005 meeting dates included this change.]

24.     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 –

• Molecular Plant Breeding Trust Deed, with the University of Adelaide, State of Victoria, State of WA, Molecular Plant Breeding Nominees Ltd, International Maize and Wheat Improvement Centre and South Australian Minister for Agriculture, Food and Fisheries

• Funding Agreement with Australian Department of Education, Science and Training to fund the Aboriginal Tutorial Assistance Scheme

• Licence to use car park and facilities, with the Roman Catholic Archbishop of Perth, Kolbe Catholic College and Rotary Club of Safety Bay Inc

• Lease for Asian Food Outlet at Murdoch campus, with Maria Josepha Pty Ltd, Pius Budy Muljadi, Suzan Muljadi and Alexander Ku

• Agreement with Curtin University of Technology, Edith Cowan University and The University of Western Australia to jointly offer a Master of Natural Systems Engineering

• Student Teaching Agreement with W.A. Department of Agriculture

25.     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 are:

• newspaper reports on a hearing by the NSW Independent Commission Against Corruption about alleged plagiarism in an off-shore course offered by a university in that State.

• a report on the changing legal exposure of universities.

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Senate meeting will be held at 4.30 pm on the following date: