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. |
- MEMBERSHIP
- APOLOGIES
- DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2)
- SENATE RETREAT AND 2005 PRIORITIES
- NATIONAL GOVERNANCE PROTOCOLS - DRAFT AMENDING LEGISLATION
- VICE CHANCELLOR'S REPORT
- AUQA AUDIT UPDATE
- WOMEN'S SERVICE GUILD TRUST VARIATION
- DEPARTING MEMBERS OF SENATE
- MINUTES
- ACADEMIC COUNCIL
- CHANCELLOR'S COMMITTEE
- ENVIRONMENTAL COMMITTEE
- RESOURCES COMMITTEE (COMMERCIAL IN CONFIDENCE)
- 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 )
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. |
|
|
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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. |
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