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Murdoch University Senate

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).

  1. MEMBERSHIP
  2. APOLOGIES
  3. DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2)
  4. SENATE PRIORITIES FOR 2005
  5. VICE CHANCELLOR'S REPORT
  6. NATIONAL GOVERNANCE PROTOCOLS COMPLIANCE
  7. AUQA AUDIT STATUS REPORT
  8. BI-ANNUAL REPORT ON ENROLMENT TRENDS OF LOCAL AND OVERSEAS STUDENTS
  9.  
  10. CONFIRMATION OF PREVIOUS MINUTES
  11. ACADEMIC COUNCIL
  12. AUDIT AND RISK MANAGEMENT COMMITTEE
  13. CHANCELLOR'S COMMITTEE
  14. ENVIRONMENTAL COMMITTEE
  15. EQUITY & EQUAL OPPORTUNITY COMMITTEE
  16. LEGISLATION COMMITTEE
  17. NOMINATIONS COMMITTEE
  18. RESOURCES COMMITTEE
  19. OFFICIAL SEAL
  20. SENATE MEETING DATES 2005
  21. MATTERS FOR INFORMATION
  22. AEG AND MURDOCH COLLEGE LITIGATION
  23. 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.

2. APOLOGIES

Judge Kate O’Brien and Ms Carolyn Jakobsen.

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).

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

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.

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.

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.

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.

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.

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).

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.

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.

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.