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Murdoch University Senate

29 March 2005 - Senate Minutes


Present: Em. Prof Geoffrey Bolton (Chair)
Prof John Yovich (Vice Chancellor)
Ms Pat Allen
Assoc Prof Stuart Bradley
Ms Janice Bowra
Assoc Prof Nick Costa
Ms Carolyn Jakobsen
Mr Dick Lester Dr Jim Macbeth
Dr Michael McCall
Mr Daniel Narbett
Ms Barbara Whelan
Ms Alison Gaines
Dr Melanie Strawbridge
Mr Garry Hunt
Mr Mal Bradley
Secretary: John Pease
Official attendees: Mr Ian Callahan (PVC – Resource Management)
Prof Jan Thomas (PVC – Academic)
Prof Kateryna Longley (PVC – Regional Development)
Mr Michael Borowitzka (President, Academic Council)
Observers: Prof Jim Reynoldson, Assoc Prof Arnold Depickere, Assoc Prof Michael Campion (NTEU), Mr Philip Hocking, Mr John Pike.

  1. MEMBERSHIP
  2. APOLOGIES
  3. DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2)
  4. SENATE RETREAT AND 2005 PRIORITIES
  5. NATIONAL GOVERNANCE PROTOCOLS - DRAFT AMENDING LEGISLATION
  6. VICE CHANCELLOR'S REPORT
  7. AUQA AUDIT UPDATE
  8. WOMEN'S SERVICE GUILD TRUST VARIATION
  9. DEPARTING MEMBERS OF SENATE
  10. MINUTES
  11. ACADEMIC COUNCIL
  12. CHANCELLOR'S COMMITTEE
  13. ENVIRONMENTAL COMMITTEE
  14. RESOURCES COMMITTEE (COMMERCIAL IN CONFIDENCE)
  15. OFFICIAL SEAL

1. MEMBERSHIP

The Chancellor welcomed Mr Philip Hocking, the newly elected general staff member of Senate who will be replacing Ms Pat Allen when her term expires in April.

2. APOLOGIES

Judge Kate O’Brien, Sir William Heseltine, Mr Bob Pett, Mr Malcolm Macpherson, Ms Margaret Banks, Mr Terry Budge.

3. DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2 )

Nil

4. SENATE RETREAT AND 2005 PRIORITIES

The Chancellor gave a brief overview of the Senate retreat held on 12-13 March, noting in particular that:

  • feedback was very positive
  • one of the key messages for members of Senate is that they should make greater use their networks both within and outside of the University
  • the general feeling is that the University is operating on a solid foundation, with good lines of communication established

Senate noted that it had yet to resolve its priorities for 2005. In view of the number of apologies for this meeting, it was resolved to defer this item until the next meeting of Senate.

Resolved:
S/15/2005
To defer identifying Senate’s priorities for 2005 and allocating responsibility for preparing discussion papers on them, until Senate’s next meeting (in May).

5. NATIONAL GOVERNANCE PROTOCOLS - DRAFT AMENDING LEGISLATION

Senate noted a detailed analysis of the Universities Legislation Amendment Bill 2005 prepared by the General Counsel & University Secretary. There was a general discussion in relation to a number of issues, including:

  • It was not possible to include a transitional provision for the Guild President because the Protocols mandated that this position cease to be an ex officio member of Senate and this had to be in effect as at 31 August.
  • The provision dealing with elected Convocation members should not exclude honorary or adjunct academic staff. In general, the exclusion from eligibility for election should apply only to staff employed on a fulltime or more than 50% part-time contract.
  • The existing quorum for Senate (i.e. 8) does not need to be adjusted.
  • The Parliamentary Counsel’s Office had shown a strong preference to draft the duties by reference to the WA Statutory Corporations (Liability of Directors) Act, rather than by reference to the Commonwealth Corporations Act, notwithstanding the request of the 4 universities.
  • The proposed duty in clause 1(1)(c) of the Bill’s Schedule, i.e. always acting in the best interests of the University will involve an objective assessment of the circumstances, i.e. what would a reasonable person in the same situation regard as in the best interests of the University.
  • Where a member of Senate breaches one of the new duties, the University should have the ability to pursue civil action to recover any detriment caused by that member’s conduct. This presents little difference from the current situation whereby the Minister or Attorney General could take action for breach of the general fiduciary duty that applies by virtue of the Statutory Corporations (Liability of Directors) Act.
Resolved:
S/16/2005
(i) Subject to and within the parameters of the following points of clarification, to authorise the Legislation Committee to review, negotiate as necessary and provide final sign-off of the drafting of the Universities Legislation Amendment Bill 2005 (WA). In conferring this authorisation, the Senate recognises that compromises may need to be made and accepts that Legislation Committee will seek to achieve the best outcome for the University bearing in mind that the Bill must be enacted and implemented prior to 31/08/2005 in order for the University to comply with the National Governance Protocols.
(ii) To confirm and clarify resolved S/125/2004, specifically, candidates for election as an elected Convocation member of Senate must be a member of Convocation, but cannot be an existing member of the academic or general staff or a current student of the University, subject to this exclusion not applying to Honorary or Adjunct Members of staff, staff employed on a less than 50% part-time contract or casual basis.
(iii)

The drafting of the Bill should include or address the following issues:

(a) The existing quorum for Senate meetings (i.e. 8) should be retained.
(b) Senate should retain the flexibility of co-opting up to 3 members of Senate.
(c) Senate should have the option to impose alternative sanctions for breach of duty, e.g. censure and/or suspension.
(d) The duties for members of Senate ideally should be drafted to mirror the equivalent provisions in the Commonwealth Corporations Act, rather than the Statutory Corporations (Liability of Directors) Act 1996 (WA).
(e) Proposed clause 1(1)(c) of the Schedule should stipulate that when acting as a member of Senate, members must always act in the best interests of the University as a whole, with this obligation to be observed in priority to any duty a member may owe to those electing or appointing him or her. This duty should be described in terms that it is assessed by an objective standard, i.e. what would a reasonable person regard as being in the best interest of the University.
(f) The operation of the Statutory Corporations (Liability of Directors) Act 1996 (WA) should ideally be excluded on implementation of the specific duties for members of Senate.
(g) Members of Senate who breach any of the specified duties, in addition to removal as a member, should also incur civil liability to the same extent that a director of a company who breaches the duties in sections 180-183 of the Corporations Act is exposed to civil liability. This includes the defences and protections afforded by sections 180(1), 189 and 1318 of the Corporations Act.

6. VICE CHANCELLOR'S REPORT

The Vice Chancellor spoke to his March report to Senate.

Resolved:
S/17/2005

To extend Senate’s congratulations to:

(i) Professor Jan Thomas on her appointment to Chair the AUQA panel that will be reviewing Central University of Queensland;
(ii) Professor Vassilios Agelidis on his election as Vice President, Operations of the Power Electronics Society of the prestigious Institute of Electrical and Electronic Engineers; and
(iii) Professor Goen Ho on his election as a Fellow of the Institution of Engineers, Australia.

7. AUQA AUDIT UPDATE

Prof Jan Thomas, the PVC (Academic) provided an update on Murdoch’s preparations for the upcoming AUQA audit, including the following:

  • She expects to receive advice as to when the AQUA audit will take place any day
  • The University’s preparations are on track and there has been a very positive response to information sessions provided across the University
  • Templates have been set up for the purpose of data gathering, which will take place over the next 3 months
  • The 4 PVCs are chairing working parties responsible for content of the University’s portfolio which correspond with the 4 areas in the strategic plan
  • Ideally, an external member of Senate should be a member of each of the working parties (the Chancellor encouraged external members of Senate to volunteer in this regard)
  • In the immediate future the University’s Quality website will be updated to become a resource for further information.

8. WOMEN'S SERVICE GUILD TRUST VARIATION

Senate noted a briefing paper prepared by the Director of Development (supported by the Acting Vice Chancellor).

Resolved:
S/18/2005
To authorise the University, as trustee of the Women’s Service Guild Trust, to execute a deed of variation in the terms annexed, altering the members of the Trust’s Advisory Board.

9. DEPARTING MEMBERS OF SENATE

The Chancellor’s expressed the Senate’s deep gratitude to Ms Pat Allen, Ms Melanie Strawbridge and Dr Michael McCall, whose terms will be expiring in the immediate future. He noted that all had made significant contributions to the University during their time as members of Senate and that they will all be missed.

10. MINUTES

Subject to correction of a typographical error and including within the minutes the actual terms of the vote of thanks to the former University Secretary, Senate confirmed the minutes of the meeting held on 22/02/2005. It also noted a report of action taken to implement previous resolveds of Senate.

There was a general discussion regarding the content of the Senate’s minutes. Key points raised included:

  • Should the minutes include a more detailed account of matters discussed?
  • The critical issue is that minutes accurately record the decisions of Senate
  • Whilst minutes of Senate may not need to include a detailed account of deliberations, it was important that minutes of committee deliberations be sufficiently detailed to enable Senate to properly understand the reasoning that underpins decisions and recommendations.
  • The minutes should not be a detailed or semi-Hansard record of Senate’s deliberations.

The Chancellor invited any members of Senate who have continuing concerns in relation to the minutes to prepare a paper detailing their concerns and forward it to him for further consideration. As necessary, the Chancellor will raise the matter at the next meeting of Senate.

11. ACADEMIC COUNCIL

Senate noted the minutes of the meeting of the Academic Council held on 16/03/2007, including the fact that they contain a number of recommendations to Senate, details of which are yet to be reviewed by the Legislation Committee. The recommendations will be referred to Senate after this has occurred.

12. CHANCELLOR'S COMMITTEE

Senate noted the minutes of the meeting of the Chancellor’s Committee held on 12/03/2007.There was a discussion regarding proposed standing order 4.7A, including the following:

  • Notwithstanding the proposed discretion in the Chair to permit questions without notice, the proposed standing order might be seen as an impediment to discussion
  • Senate need to focus on informed debate, not just debate, and this meant giving timely notice of matters that members of Senate wanted to discuss

The Chancellor withdrew the recommendation, indicating that he will leave matters on a voluntary basis and review the position should a voluntary approach not be consistent with the efficient and effective disposal of Senate business

Senate resolved as follows with regard to the balance of the recommendations contained in the minutes.

Resolved:
S/19/2005
attachment
(i) To amend clause 14 of the Senate Charter and the terms of reference for the Chancellor’s Committee in the terms attached (amendments marked up).
(ii) To rescind Senate resolved S/09/2005(ii) as its terms are inconsistent with, and replaced by, clause 14.2 of the Senate Charter as amended.
(iii) To amend the terms of reference for the Nominations Committee by adding the Director of Human Resources as a standing observer/invitee to the committee’s membership.

13. ENVIRONMENTAL COMMITTEE

Senate noted the minutes of the meeting of the Environmental Committee held on 09/03/2007 and resolved as follows in accordance with the recommendations contained in the minutes.
The Vice Chancellor provided a verbal update on negotiations in relation to the ‘Ag. Centre’ and its implications for the University. Comments during the course of discussions included:

  • This is one of the most exciting initiatives that the University has undertaken. However, if successful, the University must not be complacent and needs to look for the next significant achievement
  • The Vice Chancellor has established a working party involving key stakeholders to ensure a complete and successful integration with the University campus
  • All proposals for integration are consistent with existing facilities and the campus master plan that Senate has endorsed and the City of Melville is happy with
  • The Government has not made any final decisions as yet and therefore it is premature to assume what specific aspects will be coming to the campus.
Resolved:
S/20/2005
To amendment to clause 3.1.3 of the terms of reference for the Environmental Committee in the terms attached (amendments marked up).

14. RESOURCES COMMITTEE (COMMERCIAL IN CONFIDENCE)

Senate noted the minutes of the Resources Committee (by way of circular resolved) made on 18/03/2007, together with a supplementary briefing paper in relation to the Paragen transaction (RC/06/2005).

It was confirmed that there was no meeting of the Resources Committee and that these matters were by way of circulation and, therefore, there was no discussion involved. The resolveds were passed by majority of the committee.

Senate resolved in accordance with the recommendations of the Resources Committee (as amended) as follows:

Resolved:
S/21/2005
See attached, confidential minute of resolved in relation to Paragen Pty Ltd.
Resolved:
S/22/2005
See attached, confidential minute of resolved in relation to the Murdoch WestScheme Enterprise Partnership.

15. OFFICIAL SEAL

Senate noted the attached report provided in accordance with resolved S/54/2004.