24 May 2005 - Senate Minutes
| Present: |
Em. Prof. Geoffrey Bolton (Chair)
Prof. John Yovich (Vice Chancellor)
Mr Philip Hocking
Prof. Stuart Bradley
Ms Janice Bowra
Mr Terry Budge
Assoc. Prof. Nick Costa
Sir William Heseltine
Mr Bob Pett
Mr Dick Lester Dr Jim Macbeth
Mr Malcolm Macpherson
Mr Daniel Narbett
Ms Margaret Banks
Ms Barbara Whelan
Ms Alison Gaines
Mr Garry Hunt
Mr Mal Bradley |
| Secretary: |
John Pease |
| Official attendees: |
Prof. Gary Martin (PVC – Strategy)
Prof. Andris Stelbovics (PVC – Research)
Prof. Kateryna Longley (PVC – Regional Development)
Mr Michael Borowitzka (President, Academic Council) |
| Observers: |
Prof. Jim Reynoldson, Prof. Yianni Attikiouzel, Assoc. Prof. Arnold Depickere,
Assoc. Prof. Michael Campion (NTEU), Mr Craig Spence (Director, Office of
Commercial Services). |
- MEMBERSHIP
- APOLOGIES
- DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2)
- SENATE PRIORITIES FOR 2005
- VICE CHANCELLOR'S REPORT
- NATIONAL GOVERNANCE PROTOCOLS COMPLIANCE
- AUQA AUDIT STATUS REPORT
- BI-ANNUAL REPORT ON ENROLMENT TRENDS OF LOCAL AND OVERSEAS
STUDENTS
- CONFIRMATION OF PREVIOUS MINUTES
- ACADEMIC COUNCIL
- AUDIT AND RISK MANAGEMENT COMMITTEE
- CHANCELLOR'S COMMITTEE
- ENVIRONMENTAL COMMITTEE
- EQUITY & EQUAL OPPORTUNITY COMMITTEE
- LEGISLATION COMMITTEE
- NOMINATIONS COMMITTEE
- RESOURCES COMMITTEE
- OFFICIAL SEAL
- SENATE MEETING DATES 2005
- MATTERS FOR INFORMATION
- AEG AND MURDOCH COLLEGE LITIGATION
- VICE-CHANCELLOR'S CONTRACT
1. MEMBERSHIP
The Chancellor:
- welcomed Philip Hocking to his first meeting as a member of Senate;
and
- advised Senate that the Nominations Committee, at its meeting on
20/05/2005, resolved to recommend that the Governor reappoint Alison
Gaines for a third term as a member of Senate when her current term
expires on 28/06/2005.
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2. APOLOGIES
Judge Kate O’Brien and Ms Carolyn Jakobsen.
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3. DECLARATIONS OF INTEREST
(SENATE STANDING ORDERS CLAUSE 4.2 )
In relation to item 6, Mr Terry Budge and Mr Malcolm Macpherson declared
an interest to the extent that the proposed professional development framework
refers to the Australian Institute of Company Directors. |
4. SENATE PRIORITIES
Senate considered and discussed the draft priorities detailed in the
agenda and the matters of importance identified at the March Senate retreat.
Resolved:
S/23/2005 |
To adopt the following Senate priorities for 2005, including
the allocated responsibility for preparing discussion papers:
| (i) |
Maximising the University’s return on its assets, e.g.
land, intellectual property by establishing an appropriate endowment/investment
policy (Responsibility: Resources Committee and PVC (Resource
Management)). |
| (ii) |
Engagement with external parties and the community, i.e. the
extent to which members of Senate can support and promote the
University through their external contacts and networks (Responsibility:
Director of Development and Director Corporate & Public
Relations). |
| (iii) |
Identification of long-term goals for the University, including
understanding the changing nature of higher education policy
(Responsibility: PVC (Resource Management) and PVC (Strategy)). |
| (iv) |
Maintain the University’s compliance with the National
Governance Protocols (Responsibility: Governance & Nominations
Committee and General Counsel & University Secretary). |
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5. VICE CHANCELLOR'S REPORT
The Vice Chancellor spoke to his May report to Senate, noting that
the University has responded to a large number of DEST reviews both on
its own account and as a member of the Innovative Research Universities
Australia group. Key points included:
- As anticipated, the Government has indicated that it will not be
changing the current indexation arrangements.
- The Research Quality Framework has attracted keen interest. The University’s
submission emphasised the importance of research training being a separate
component of any new framework and the need to take a phased approach
to funding for any new framework so as to not compromise long-term projects.
- The submission in response to the ‘Building University Diversity’
paper emphasised the need for any institution seeking to call itself
a ‘university’ to fulfil the full range and character of
services provided by existing universities. The Vice Chancellor gave
examples of significant overseas-based groups delivering programmes
in the Asia Pacific area and within Australia.
- The Government has issued the Higher Education Workplace Reform Requirements
but full details are yet to be provided. Compliance will be essential
to qualify for increases in the Commonwealth Grants Scheme funds.
- DEST has released its Teaching & Learning Fund indicators which
are broadly consistent with the approach recommended by the University.
The AVCC is still questioning the validity of the indicators. The University
met all eligibility criteria in stage one and is quietly confident in
terms of the outcome of the stage 2 process.
- The University is working closely with AARNet to ensure that a high
speed fibre cable is laid as part of the Perth to Mandurah rail link.
- The Malaysian Public Service Department has recognised 16 of the
University’s undergraduate degrees. A benefit of this recognition
is the availability of Government scholarships for Malaysian students
wanting to undertake the courses.
- The Minister for Environment, Science has announced that the University
was successful in two grant applications for funding under the Centres
of Excellence in Science and Innovation Program, namely the WA Centre
for Comparative Genomics (Prof. Matthew Bellgard) and the Institute
for Immunology for Infectious Diseases (Prof. Simon Mallal).
- The Vice Chancellor has met with the Leader of the Opposition and
briefed him in relation to developments with the Perth-Mandurah rail
link and transport options affecting the Rockingham campus.
Resolved:
S/24/2005
|
To extend the Senate’s congratulations to the following
members of staff and students on their respective achievements:
- Prof. Matthew Bellgard, the Chief Investigator of the WA Centre
for Comparative Genomics, on its award of State Centre of Excellence
funding
- Prof. Simon Mallal, the Chief Investigator of the Institute
for Immunology for Infectious Diseases, on its award of State
Centre of Excellence funding
- Prof. Steve Halls, on his appointment to the Environmental
Protection Authority
- Prof. John Webb, on his appointment as a Counsellor (Education,
Science and Training) based in the Australian High Commissions
in New Delhi, India
- Prof. Goen Ho, on his election to the International Water Authority
Strategic Council
- Prof. Yianni Attikiouzel, on his election as an executive member
of the Australian Council of Engineering Deans
- Alexandra Shaw, a first year law, politics and international
studies student, on being named WA’s Young Person of the
Year 2005 for her work as a leader in the deaf community
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6. NATIONAL GOVERNANCE PROTOCOLS
- DRAFT AMENDING LEGISLATION
Senate noted the contents of a briefing paper prepared by the General
Counsel & University Secretary dated 17/05/2005. Senate also noted
that the General Counsel & University Secretary will be advancing
a paper to the June meeting of Senate dealing with Directors’ &
Officers’ Liability Insurance.
Resolved:
S/25/2005
|
| (i) |
To adopt the attached professional
development framework to be available for all existing and new
members of Senate and third parties co-opted onto Senate committees
and working parties |
| (ii) |
To authorise the General Counsel & University Secretary
to amend the Senate’s Statement of Governance Principles
to reflect the following:
| (a) |
the adoption of the professional development framework; |
| (b) |
the different wording used in the Universities Legislation
Amendment Bill to describe the duties for Senate members;
and |
| (c) |
the fact that the University provides protection for
Senate members acting honestly and reasonably, above and
beyond that provided by new section 17B of the Murdoch
University Act, by way of Directors’ & Officers
Liability Insurance. |
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7. AUQA AUDIT UPDATE
Senate noted:
- the attached timetable provided by the
PVC (Academic); and
- that the AUQA audit has now been scheduled for May 2006.
The General Counsel & University Secretary advised Senate that the
information required by May 2005 is comprised in the Statement of Governance
Principles, a revised version of which was distributed to members of Senate
with the agenda papers.
|
8. BI-ANNUAL REPORT ON ENROLMENT
TRENDS OF LOCAL & OVERSEAS STUDENTS
Senate noted a request by the PVC (Strategy) to alter the dates for
reporting required by Senate resolution S/79/2003 so as to enable more
comprehensive reporting.
Resolved:
S/26/2005 |
To vary Senate resolution S/79/2003 by altering the dates for the
bi-annual report on enrolment trends for local and overseas students
to June and November each year. |
|
9. MINUTES
| Senate confirmed the minutes of the meeting held on 29/03/2005. It also
noted a report of action taken to implement previous resolutions of Senate. |
10. ACADEMIC COUNCIL
Senate noted the minutes of the meeting of the Academic Council held
on 13/04/2005.
Secretary’s note: All legislative recommendations
are dealt with under the Legislation Committee.
|
11. AUDIT & RISK MANAGEMENT
COMMITTEE
Senate noted the minutes of the meeting of the Audit & Risk Management
Committee held on 03/05/2005.
Resolved:
S/27/2005
|
| (i) |
To endorse Mr Jamie Olgivie being co-opted as a member of
the committee for a term expiring on 31/12/2005. |
| (ii) |
To endorse the University’s 2005 Operational Risk Management
Plan. |
|
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12. CHANCELLOR'S COMMITTEE
Senate noted the minutes of the meeting of the Chancellor’s Committee
held on 11/04/2007. In response to a query, the Chancellor indicated that
he will raise the question of the most appropriate person to chair the
committee with the members of the newly named committee when it next meets.
Resolved:
S/28/2007
|
| (i) |
To allocate ongoing responsibility for governance policy to
the Nominations Committee, which will be renamed the Governance
& Nominations Committee. |
| (ii) |
To amend the terms of reference for the Governance & Nominations
Committee in the terms attached
(amendments marked up) and authorise the General Counsel &
University Secretary to make consequential amendments to the
Statement of Governance Principles. |
| (iii) |
To note that the Chancellor will appoint Alison Gaines as
an additional member of the new Governance & Nominations
Committee. |
|
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13. ENVIRONMENTAL COMMITTEE
Senate noted the minutes of the meeting of the Environmental Committee
held on 04/05/2005
Resolved:
S/29/2005
|
| (i) |
To amend the terms of reference for the Environmental Committee
in the terms attached (amendments
marked up). |
| (ii) |
To endorse Dr Melanie Strawbridge being co-opted as a member
of the committee for a term expiring on 31/12/2005. |
|
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14. EQUITY & EQUAL OPPORTUNITY
COMMITTEE
Senate noted the minutes of the Equity & Equal Opportunity Committee
resolution by circulation dated 12/05/2005.
Resolved:
S/30/2007
|
To discontinue the Senate Equity and Equal Opportunity Committee
and the management Equity Coordinating Committee, on the basis that
their respective functional roles will be replaced by a new standing
committee of Academic Council (i.e. the Student Equity and Social
Justice Committee), on the one hand, and SEG, briefed by the Director
of Human Resources for all employer-employee equity and equal opportunity
matters, on the other. In doing so, the Senate noted the attached
terms of reference and membership of the new Student Equity and Social
Justice Committee. |
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15. LEGISLATION COMMITTEE
Senate noted the following minutes of the Legislation Committee:
- Meeting held on 30/03/2005
- Decision by circulation dated 04/05/2007
- Decision by circulation dated 17/05/2007
Resolved:
S/31/2007
|
| (i) |
To amend Statute no. 8 – Interpretation in the terms
attached (amendments marked up). Secretary’s
note: Pursuant to section 25(1)(b) of the Murdoch University
Act, the amendments will be published for 21 days . |
| (ii) |
To endorse the recommendations of the Academic Council
(minutes dated 16/03/2005) to amend the following regulations
in the terms attached (amendments
marked up):
| (a) |
Certificate Regulations (AC/22/2005(v)) |
| (b) |
Professional Doctorate Regulations, Master by Coursework
Degree Regulations and the Diploma Regulations (AC/30/2005); |
| (c) |
Student Appeals Committee Regulations (AC/33/2005); |
| (d) |
Bachelor Degree Regulations, Diploma Regulations and
Master by Coursework Degree Regulations (AC/34/2005). |
|
| (iii) |
To note that, pursuant to the authority delegated to it by
resolution S/16/2005, the Legislation Committee has approved
the final drafting of the Universities Legislation Amendment
Bill 2005 (WA). |
| (iv) |
To endorse the recommendations of the Academic Council (minutes
dated 13/04/2005) to amend the Master by Coursework Degree Regulations
and the Certificate Regulations (AC/42/2005(ii)) in the terms
attached (amendments marked up). |
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16. NOMINATIONS COMMITTEE
| Senate noted the minutes of the meeting of the Nominations
Committee held on 30/03/2007. There were no recommendations requiring a
resolution of Senate. |
17. RESOURCES COMMITTEE
(PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)
Senate noted the minutes of the meeting of the Resources Committee
held on 10/05/2005 and resolved in accordance with the recommendation
of the committee as follows:
Resolved:
S/32/2005
|
| (i) |
To note and adopt the University’s audited annual report
and financial statements for the year ended 31/12/2004. |
| (ii) |
To approve the write-off of the debts as at 31/03/2005 as
shown in the attached schedule. |
| (iii) |
To approve management proceeding with finalisation of the
approval processes to allow the proposed development and lease
of land to Sandalinc Pty Ltd to proceed and to enter into commercial
lease documentation in accordance with the information provided. |
| (iv) |
To approve payments above $100K made during the period 11/03/2005
to 28/04/2005 as shown in the attached
schedule. |
| (v) |
Subject to sub-paragraphs (a) and (b), to the extent that
the University is invited to become a member of any one or
more of the CRCs described below, to authorise the University
to become a member of the relevant CRC and to provide such
guarantee as required but such guarantee to be no more than
$100 in each case:
- CRC for National Plant Biosecurity;
- CRC for Sustainable Forrest Landscapes;
- CRC for an Internationally Competitive Pork Industry;
and
- Parker CRC for Integrated Hydrometallurgy Solutions.
| (a) |
This authorisation is subject to the proposed incorporated
entity adopting a statement of governance principles
to include a reporting regime to its members that
conforms as closely as possible to the University’s
Governance of University Entities Policy; and |
| (b) |
Paragraphs 6 (to the extent that the Office of Financial
Services of the University will not be responsible
for keeping the accounts records of the CRC), 8 and
10 of the University’s Policy for the Governance
of University Entities and paragraphs 3, 5, 8, 12,
14, 15, 16, 17, 18, 22, 24, 28, 29, 30 and 31 of the
University’s Policy on the Establishment and
operation of Incorporated Entities will not apply
to the University’s membership of any CRC pursuant
to this resolution. |
|
| (vi) |
To approve the University establishing incorporated entities
in any overseas jurisdiction for the purposes of an offshore
course relationship, subject to the attached
conditions. |
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18. OFFICIAL SEAL
| Senate noted the attached report provided
in accordance with resolution S/54/2004. |
19. AEG AND MURDOCH COLLEGE LITIGATION (CONFIDENTIAL
ITEM)
Senate noted a confidential briefing paper dated 21/05/2005, prepared
by the General Counsel & University Secretary. In debating the proposal,
the following points were raised:
- A complete victory in court would not deliver the flexibility and
certainty that the negotiated solution provides
- The parties need to agree the terms of the documents to establish
the feeder college by 30 June, failing which they will revert to their
original positions
- A more detailed financial analysis will be provided for Senate’s
consideration at its June meeting, in particular dealing with return
on investment by way of the estimated capital outlay required. However,
signing the settlement deed on 25 May commits the University to the
proposal, unless the parties are unable to reach agree on the terms
of the relevant documents by 30 June
- Great care needs to be take in drafting the relevant documents to
ensure precision in the definition of terms such a “secondary
education”, “foundation courses” and “feeder
college”
- Accommodating the teaching space requirements of the proposed feeder
college has been carefully considered, and a space analysis will be
provided for Senate’s information at its next meeting
Resolved:
S/33/2005
|
| (i) |
To approve the University settling all existing disputes relating
to the Murdoch College relationship on the basis of the principles
detailed in the draft deed of settlement provided with the confidential
briefing paper dated 21/05/2005. |
| (ii) |
To authorise the Vice Chancellor and the General Counsel &
University Secretary to execute the settlement deed in the terms
(or substantially in the terms) of the draft and to conclude
negotiations for, and execute, all documents and agreements
which, in their opinion, are necessary to implement the terms
of the settlement, including the establishment of a feeder college
with the Alexander Education Group that is consistent with the
principles and parameters outlined in the draft settlement deed. |
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20. VICE CHANCELLOR’S CONTRACT (CONFIDENTIAL
ITEM)
The Chancellor provided a verbal briefing to Senate in terms of his
discussions with the Vice Chancellor and the deliberations of the Chancellor's
Committee.
Senate unanimously supported the proposed extension of contract.
Resolved:
S/34/2007 |
To approve extending the Vice Chancellor’s employment contract
until 30/06/2010. |
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