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Murdoch University Senate

16 August 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
Judge Kate O’Brien
Dr Jim Macbeth
Mr Daniel Narbett
Ms Margaret Banks
Ms Barbara Whelan
Ms Alison Gaines
Mr Garry Hunt
Mr Mal Bradley
Secretary: John Pease
Official attendees: Mr Ian Callahan (PVC – Resource Management)
Prof Gary Martin (PVC – Strategy)
Prof Andris Stelbovics (PVC – Research)
Prof Jan Thomas (PVC – Academic)
Assoc Prof Parisa Arabzadeh-Bahri (for President, Academic Council)
Observers: Prof Jim Reynoldson, Prof Yianni Attikiouzel, Assoc Prof Arnold Depickere, Craig Spence, Brian Aitken, Dr Clyde McGill, Emeritus Professor John Howell, Steve Meerwald, Dr Don Nickels, Dr Maryanne Culliver

  1. MEMBERSHIP
  2. APOLOGIES
  3. DECLARATIONS OF INTEREST (SENATE STANDING ORDERS CLAUSE 4.2)
  4. AUQA AUDIT STATUS REPORT - WHOLE OF INSTITUTION AUDIT
  5. VICE CHANCELLOR’S REPORT
  6. ANNUAL EDUCATION REPORT
  7. CURTIN UNIVERSITY OF TECHNOLOGY – MERGER FEASIBILITY STUDY (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)
  8. STATUTE CHANGES
  9. SENATE PRIORITIES
  10. MURDOCH UNIVERSITY VETERINARY TRUST
  11. MINUTES
  12. ACADEMIC COUNCIL
  13. AUDIT & RISK MANAGEMENT COMMITTEE
  14. CHANCELLOR’S COMMITTEE
  15. ENVIRONMENTAL COMMITTEE
  16. GOVERNANCE & NOMINATIONS COMMITTEE
  17. HONORARY AWARDS & CEREMONIAL COMMITTEE
  18. LEGISLATION COMMITTEE
  19. RESOURCES COMMITTEE (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)
  20. OFFICIAL SEAL

1. MEMBERSHIP

1.1

Due to implementation of the University Legislation Amendment Act 2005 (WA) on 15/08/2005, Mrs Margaret Banks and Ms Barbara Whelan ceased to be members of the Senate, as of that date. The Chancellor thanked both members for their respective contributions and dedication to the Senate and expressed the hope that Mrs Banks would maintain her close ties with the University.

Resolved:
S/42/2005
To express the Senate’s thanks to Mrs Margaret Banks and Ms Barbara Whelan for their service to Senate.
1.2

The Chancellor requested a brief silence as a mark of respect for the passing of Sir Ronald Wilson and Carolyn Jakobsen’s mother-in-law.

Resolved:
S/43/2005
To express the Senate’s condolences to Lady Wilson on the passing of her husband, Sir Ronald Wilson, and to Carolyn Jakobsen on the passing of her mother-in-law.

2. APOLOGIES

Ms Carolyn Jakobsen, Mr Bob Pett, Mr Dick Lester and Mr Malcolm Macpherson.

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

Nil.

3.1 Senate resolution S/35/2005, noting the Vice Chancellor’s declaration of interest regarding the merger proposal from Curtin University of Technology, remains in effect.

4. AUQA AUDIT STATUS REPORT - WHOLE OF INSTITUTION AUDIT

The PVC (Academic) spoke to her report, explaining the format of the report. The report will be available on the Quality website, in a draft form, for members of the University community, in keeping with consultative nature of the project. A mail bomb will be sent to staff and students, notifying them of its location.

The PVC (Academic) noted the necessity to highlight both the strengths and the weaknesses of the University.

Resolved:
S/44/2005
To delegate authority to a full meeting of the Senior Executive Group to approve the final version of the WOIA Performance Portfolio to be submitted to the WOIA Review Panel.

5. VICE CHANCELLOR’S REPORT

The Vice Chancellor spoke to his report. Items of significance included:

  • A successful Peel Campus opening by Dr Brendan Nelson who enjoyed a positive celebration by students, staff and local stakeholders;
  • Professor Anne McMurray has joined the Peel Health campus as Professor of Nursing;
  • The Agricultural Research Western Australia (ARWA) project is progressing strongly and a legal basis for the entity is being established. For political and industrial relations related purposes, ARWA will be established as an unincorporated joint venture. Should any intellectual property arise which ARWA would seek to commercialise, ARWA would consider the most appropriate corporate structure and it is likely that the vehicle would be an incorporated entity to quarantine risk;
  • the significance and honour of the Howard M Yelland Prize for Services to the Beef Industry which was awarded to Associate Professor Dave Pethick.
Resolved:
S/45/2005
To approve the appointment of Professor Jim Reynoldson as an additional trustee of the Murdoch University Veterinary Trust for a 3 year term commencing 16/08/2005 and ending on 31/12/2007.

6. ANNUAL EDUCATION REPORT

The PVC (Academic) spoke to her report. Key featured included:

  • The University’s ranking of 11th out of the 38 Australian Universities in the Teaching & Learning Performance Fund ranking (made available in August 2005), higher than any other of WA’s institutions.
  • The University has maintained its 5 star rating for student satisfaction, for 10 out of 11 years, well above the national average.
  • Unfortunately, the University has continued its one star rating for employment outcomes for its graduates. However, there is a very small differential in the statistical outcome and the University’s position would be substantially improved with a relatively small increase in the number of graduates obtaining full time employment. The PVC (Academic) has encouraged external Senate members to engage with Executive Deans and Heads of Schools in seeking to identify remedial strategies.
  • The University is looking to improve the services offered to post-graduate students. These services are currently under review and a report will be made to Senate when problem areas have been identified and synergies developed to improve this situation.

7. CURTIN UNIVERSITY OF TECHNOLOGY – MERGER FEASIBILITY STUDY (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)

Senate went into committee to receive a report of progress of the merger feasibility study.
The VC introduced the item by indicating that after some early deliberation on the process a merger feasibility study (MFS) working group has been formed, comprising of three members of each University. In Murdoch’s case, the MFS working group members are:

  • Ian Callahan, PVC (Resources);
  • Gary Martin, PVC (Strategy);
  • John Pease, General Counsel & University Secretary.

The MFS team spoke to a power point presentation. The team has been collecting data and has begun analysing and collating this information. This has been done via three workstreams namely, (a) teaching and learning – led by (for Murdoch) Jan Thomas, PVC (Academic), (b) research and development - led by (for Murdoch) Andris Stelbovics, PVC (R&D) and (c) administration – led by (for Murdoch) Ian Callahan, PVC (Research). Each workstream has also broken down into sub-groups to analyse specific aspects of the respective areas.

The function of the MFS is to identify high level synergies, opportunities and risks that may justify a closer examination (or due diligence). It will not be a detailed analysis of all aspects.

The MFS working party has also engaged external consultants to provide expert advice and input in the following areas:

  • KPMG (merger analysis, financial modelling, probity of process);
  • Phillips KPA (operational, financial and higher education policy content and structures);
  • Mallesons (general legal advice required jointly during the MFS stage);
  • Johnson, Winter and Slattery (specific legal advice concerning competition aspects of any merger);
  • Market Equity (initial student research around brand and brand issues);
  • To be confirmed (cultural assessment, integration and change management advice).

The Federal Government has made funds available under the Collaboration and Structural Reform Fund to offset part of the costs that the University will incur in the MFS phase.

The MFS workgroup established 8 draft evaluation criteria to guide the analyses of the workstreams. They are as follows:

The MFS workgroup established 8 draft evaluation criteria to guide the analyses of the workstreams. They are as follows:

  1. Merged vision;
  2. Environment (public benefit, reputation & visibility, partnerships, constituency acceptability and market place);
  3. Process and process outcomes (transactional equity, indispensables);
  4. Core functions (high impact research university, high quality teaching university, enhanced student experience, staff attraction & development and community service);
  5. Operational criteria (strategic fit, mutual enhancement, market share, program efficacy and merged campuses);
  6. Institutional criteria (governance and community integrity);
  7. Financial resources (financial viability, savings & efficiencies, increased revenues, utilization of increased revenues, diligence, merger costs and systems costs);
  8. Risk (risk ascertainment and risk minimization).

Preliminary observations reveal positive indications for a possible merger. The merger has been viewed as a great catalyst for improved revenue gains and efficiencies.

The timeline expectations (on a best case scenario) are:

  • Feasibility study – end September 2005;
  • Due diligence – end December 2005;
  • Legislation – mid to late 2006;
  • Effective date – January 2007.

The GC&US noted that the ACCC is monitoring the merger and has asked to be kept informed of progress. The University will cooperate with the Commission.

Discussion emphasised the need to keep staff informed by provision of factual data of the process and progress in analysing the MFS.

The PVC (Strategy) noted that Curtin acknowledges the teaching and learning practices and procedures of Murdoch. Murdoch should have confidence in its processes as they have stood up well, to date.

A suggestion was made that the President of the Guild of Students be invited to attend to Chancellor’s Committee meetings dealing with the merger. The Chancellor agreed to refer the suggestion to the Chancellor’s Committee for consideration.

8. STATUTE CHANGES

Senate noted:

  • a recommendation from the Legislation Committee in relation to a change in the composition of the Academic Council; and
  • a report from the General Counsel & University Secretary concerning action consequent upon Senate resolution S/37/2005(i).
Resolved:
S/46/2005
(i) To approve amendments to Statute 5-Academic Council in the terms attached (amendments marked up).
(ii) To ratify amendments to Statute 23-Student Discipline in the terms attached (amendments marked up).

Secretary’s note In accordance with sub-section 25(1) of the Murdoch University Act, an absolute majority of Senate members voted in favour of the resolution.

9. SENATE PRIORITIES

Senate noted the listing of its priorities for 2005.

Resolved:
S/47/2005
Whilst recognising that the priorities remain priorities for Senate, the agenda papers for future meetings of Senate will include a brief progress or status report from the member of the University’s executive allocated responsibility for the respective priorities. Members of Senate are encouraged to take an active role in progressing the priorities.

10. MURDOCH UNIVERSITY VETERINARY TRUST

Mr Brian Aitken gave a presentation of key achievements and features of the veterinary school and the trust, including:

  • Murdoch Veterinary School is one of 6 veterinary science courses in Australia and is the first in Australia and 1 of only 6 outside North America to be accredited by American Veterinary Medical Association.
  • As well as North America, Murdoch graduates may also work in New Zealand, United Kingdom, Singapore and Malaysia.
  • Murdoch runs the Professional Education Programme for Aboriginal & Torres Strait Islander People (PEPA), the only one of its kind in Australia. The programme is designed to enhance admission, retention and success of Aboriginal and Torres Strait Islander students within the veterinary and biomedical programmes .
  • The Trust contributed to the cost of refurbishing the anatomy museum in 2000. The museum is proving to be a significant feature in promoting the Trust.
  • Since inception, the Trust has provided approximately:
    • $285,000 in resources;
    • $220,000 in staff positions;
    • $251,000 in scholarships
    • $11,000 in awards;
    and has future plans for staffing and equipment in excess of $1M.
Resolved:
S/48/2005
To express the Senate’s thanks to the trustees of the Murdoch University Veterinary Trust for the generous contribution of their time, energy and expertise in the operation of the trust.

11. MINUTES

Senate confirmed the minutes of the meeting held on 28/06/2005. It also noted a report of action taken to implement previous resolutions of Senate.

12. ACADEMIC COUNCIL

enate noted the minutes of the meetings of the Academic Council held on 15/06/2005 and 20/07/2005 and resolved, in accordance with the recommendation of the committee, as follows:

Secretary’s note: All legislative amendments are dealt with under the Legislation Committee item.

Resolved:
S/49/2005
To disestablish the Centre for Agricultural and Natural Resource Management.

13. AUDIT & RISK MANAGEMENT COMMITTEE

Senate noted the minutes of the meeting of the Audit & Risk Management Committee held on 26/07/2005. There were no recommendations requiring a Senate resolution.

14.CHANCELLOR’S COMMITTEE

Senate noted the confidential minutes of the meeting of the Chancellor’s Committee held on 14/07/2005 and resolved, in accordance with the recommendation of the committee, as follows:

Resolved:
S/50/2005
To endorse the progress of the merger feasibility study and the actions of the Vice Chancellor to date.

15. ENVIRONMENTAL COMMITTEE

Senate noted the notes of the meeting of the Environmental Committee held on 27/07/2005. There were no recommendations requiring a Senate resolution.

16. GOVERNANCE & NOMINATIONS COMMITTEE

Senate noted the minutes of the meetings of the Governance & Nominations Committee held on 20/05/2005, 18/07/2005 and 28/07/2005 (the latter a resolution by circulation) and resolved, in accordance with the recommendations of the committee, as follows:

Resolved:
S/51/2005
(i) To amend the terms of reference for the Resources Committee by adding up to 2 co-opted external members (see attached marked up copy), noting that in the process of seeking candidates to fill the McCall/Pett vacancies, suitable female co-optees will be sought out.
(ii) To form a working party, comprising the Chancellor, Pro Chancellor, Vice Chancellor, Guild President, Director of Human Resources, Alison Gaines and Assoc. Prof. Nick Costa, to conduct the search to identify suitable candidates for selection as the next Chancellor, noting that the Chancellor will not take part in the decision to recommend the final proposed candidate.
(iii) To amend the Standing Orders in the terms attached (changes in mark up), noting that the discretion to permit proxy voting does not arise unless at least 25% of the members of Senate are unable to attend.

17. HONORARY AWARDS & CEREMONIAL COMMITTEE

Senate noted the minutes of the meeting of the Honorary Awards & Ceremonial Committee held on 12/08/2005 and resolved, in accordance with the recommendations of the committee, as follows:

Resolved:
S/52/2005
(i) To approve in principle, the awarding of Honorary Fellowship Award as detailed in the attached discussion document and that the title of the award be Honorary Fellowship.
(ii) To endorse Barbara Whelan being co-opted as a member of the Honorary Awards & Ceremonial Committee for a term expiring on 31/12/2005, as an individual member representative of students.

18.LEGISLATION COMMITTEE

Senate noted the minutes of the Legislation Committee (on a decision by circulation) dated 09/08/2005 and resolved, in accordance with the recommendations of the committee, as follows:

Resolved:
S/53/2005
To amend Diploma Regulations, Bachelor Degree Regulations and Master by Coursework Degree Regulations in the terms attached (changes in mark up).

19. RESOURCES COMMITTEE (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)

Senate noted the minutes of the meeting of the Resources Committee held on 02/08/2005. Senate also received a confidential briefing by the General Counsel & University Secretary concerning the successful conclusion of settlement negotiations with AEG in relation to the Murdoch College dispute. Senate resolved as follows:

Resolved:
S/54/2005
(i) To note the foreshadowed application for affiliated institution status, should negotiations be successfully concluded with a potential new business partner.
(ii) To the extent of any discrepancy between the terms of the settlement deed referred to in resolution S/33/2005 and: (a) the deeds of variation of the Murdoch College constituent agreements; or (b) the agreements establishing the AEG feeder college, Senate ratifies the agreements and compromises made by the Vice Chancellor and the General Counsel & University Secretary and ratifies the University entering into the various deeds of variation and agreements
(iii) To note the foreshadowed applications for affiliated institution status to be made by Murdoch College and Murdoch Institute of Technology.

20.OFFICIAL SEAL

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