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Murdoch University Senate

11 October 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
Judge Kate O’Brien
Dr Jim Macbeth
Mr Malcolm Macpherson
Mr Daniel Narbett
Ms Alison Gaines
Mr Mal Bradley
Ms Carolyn Jakobsen
Mr Dick Lester
Secretary: John Pease
Observers:

Mr Ian Callahan (PVC – Corporate Services)
Prof Andris Stelbovics (PVC – Research)
Prof Jan Thomas (PVC – Academic)
Assoc Prof Michael Borowitzka (President, Academic Council)
Prof Jim Reynoldson
Assoc Prof Arnold Depickere
Ms Julie Keene
Mr Craig Spence
Assoc Prof Michael Campion
Ms Barbara Whelan
Mr Matt Menzel
Mr John Pike


  1. APOLOGIES
  2. DECLARATIONS OF INTEREST (MURDOCH UNIVERSITY ACT S17A)
  3. SENATE PRIORITIES
  4. VICE CHANCELLOR’S REPORT
  5. ANNUAL MANAGEMENT REPORT
  6. ANNUAL RESEARCH REPORT
  7. AUQA AUDIT UPDATE
  8. CHAIRS OF SENATE COMMITTEES
  9. STATUTE CHANGES
  10. MINUTES
  11. ACADEMIC COUNCIL
  12. CHANCELLOR’S COMMITTEE
  13. GOVERNANCE & NOMINATIONS COMMITTEE
  14. HONORARY AWARDS & CEREMONIAL COMMITTEE
  15.  
  16. RESOURCES COMMITTEE (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)
  17. CURTIN-MURDOCH MERGER FEASIBILITY STUDY (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)
  18. SENATE MEETING DATES 2006
  19. OFFICIAL SEAL

1.APOLOGIES

Mr Garry Hunt.

Resolved:
S/55/2005
Pursuant to Senate standing order 2.2, leave of absence for the remainder of the Senate’s meetings during 2005 be granted to Mr Garry Hunt.

2.DECLARATIONS OF INTEREST (MURDOCH UNIVERSITY ACT S17A)

Nil.

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.

3.SENATE PRIORITIES

Senate noted details of progress against, and developments in respect of, its priorities for 2005.

4.VICE CHANCELLOR'S REPORT

The Vice Chancellor spoke to his written report to Senate. Key issues covered included:

  • Recent developments in relation to the Federal Government’s Research Quality Framework (RQF), ‘Third Mission Funding’ and the Higher Education Workplace Relations Requirements (HEWRRs).
  • The availability of funding under the Federal Government’s Workplace Productivity Programme.
  • Impending amendments to the Education Services for Overseas Students Act which will enable overseas universities and education providers to establish an Australian branch and extend the availability of Australian Government assistance to eligible students of such branches.
  • The approval of funding for the laying of a fibre optic cable from Perth to Mandurah, in conjunction with construction of the rail link. Murdoch has been represented in this by the Director of Information Technology.
  • Cabinet approval of funding for the Department of Agriculture’s headquarters and Bio-security operations, including discussions with representatives of the Treasury and the Department. Space has been identified on the eastern side of the campus (along Murdoch Drive) where the Department’s needs could be accommodated consistently with the University’s master plan.

Resolved:
S/56/2005
To authorise the Vice Chancellor to negotiate and execute a heads of agreement between the University and the Department of Agriculture, providing for allocation of land and sharing of facilities to enable location of the Department’s headquarters, Bio-security and research functions on the South Street campus.

5.ANNUAL MANAGEMENT REPORT

The PVC (Corporate Services) spoke to his written report and a PowerPoint presentation. Key observations included:

  • The IT review has been deferred whilst merger discussions have been taking place. However, the consultation process to date has provided valuable information and also obtained a substantial element of support from staff that, hopefully, will facilitate the implementation of strategies that result from the finalisation of the review process.
  • Changes to workplace practices consistent with the University’s intention to comply with the HEWRRs.
  • The integration of the Office of Corporate & Public Relations within the Division, in particular development of a focus on revenue generation opportunities, e.g. graphic and web design and print shop functions.
  • A review of the University’s position under a 10 year forecast. This has been undertaken as part of the Senate priorities for 2005 (i.e. understanding the impact of changing higher education policies) and as a necessary piece of work in considering any merger proposals.
  • The forecast is based on a number of assumptions to provide a picture of the University’s position if the expected changes in higher education policy are implemented and the University continues to operate its current business model unchanged. The model is a first step in establishing a baseline position that management can use to assist in developing strategies to create revenue generating opportunities and efficiencies for the University.
  • The forecast clearly demonstrates that the University’s position is not favourable (assuming that federal funding remains as forecast) over the period unless it makes substantial improvements in respect of its revenue and/or its cost base. The most significant contributor to the forecast decline in financial performance of the University is the difference between the indexation rate applied by the Federal Government to funding and the historical increase in the University’s expenses above the indexation level.

A general discussion followed, including the following points:

  • The University is no different from other Australian universities in terms of its long term financial sustainability. On the contrary, there are a number of universities that are already in deficit. Due to the sound financial management of the Vice Chancellor and the executive over the last few years, the University has time, albeit limited, to develop new strategic initiatives and to make operational changes to address these issues.
  • As has been anticipated, at some point it may be necessary to consider allocating a part of commercial net income towards supporting high priority initiatives to deliver improved efficiencies and financial sustainability.
  • The University is continuing to make ongoing changes to improve the baseline efficiency of many of its systems and process, particularly in the Administration area. New strategies for improving revenue opportunities, efficiencies and other possibilities in the areas of Teaching & Learning and Research & Development are still to be considered.
  • Under impending Federal Government reforms, it will be vital that the University is not only efficient, but also visibly successful in its Teaching and Research functions.

Resolved:
S/57/2005
To note the annual management report and to express the Senate’s appreciation of the endeavours of the Pro Vice Chancellor (Corporate Services).

6.ANNUAL RESEARCH REPORT

The PVC (Research) tabled the attached written report and spoke to a PowerPoint presentation. Key observations included:

  • The University is reviewing its designated areas of research strength and it is expected, over time, that the list will grow. The existing areas of strength align closely with the University’s involvement in cooperative research centres (CRCs).
  • From 2005, all CRCs will be incorporated entities with boards comprised with a majority of non-academic directors, increasing the focus on seeking commercialisation of intellectual property.
  • The University’s results across a number of measures show continued growth and we compare favourably against other members of the Intensive Research Universities of Australia group. The University’s results also compare favourably with the GO8 when results are adjusted to take into account the substantial funding advantage of having a medical school.
  • The strong level of growth in 2004 is not expected to continue in 2005 as there was one particularly large research grant awarded in 2004.
  • The potential impact of the RQF on the University is a continuing concern and the Pro Vice Chancellor is monitoring developments and lobbying Canberra constantly. Of particular concern is the fact that whatever rating is assigned will apply for 5 years with no opportunity to seek any adjustment.
  • It is also a concern that early indications are that the RQF rating scale favours internationally recognised research, whereas much of the University’s research is aligned with national priorities which may not necessarily receive international recognition.

During the course of discussion followed, it was observed that in order to improve a RQF ranking, it will be necessary to improve relative to all other universities. This sets a high benchmark. The rating that will apply to universities in the lowest level of the RQF rating may be one tenth of that which applies to universities ranked in the highest level. This will have a substantial impact on income.

Resolved:
S/58/2005
To note the annual research report and to express the Senate’s appreciation of the endeavours of the Pro Vice Chancellor (Research).

7.AUQA AUDIT UPDATE

The PVC (Academic) provided an update on Murdoch’s preparations for the upcoming AUQA audit, referring to her more detailed briefing paper that accompanied the agenda. In particular she noted that:

  • Members of Senate have received the University’s portfolio for the Whole of Institution Audit (WOIA), which will serve as a rehearsal for the AUQA audit in 2006.
  • The WOIA panel are likely to conduct interviews in the week commencing 29/11/2005. Chairs of Senate committees are highly likely to be interviewed by the WOIA panel.
  • The provisional dates for the AUQA panel to conduct interviews are 8-11 May, 2006.
  • The Pro Vice Chancellor is available to assist members of Senate in preparing for the WOIA and the AUQA process.

8.CHAIRS OF SENATE COMMITTEES

Senate noted the Chancellor’s recommendations regarding Chairs of Senate committees, other than the Audit & Risk Management Committee and the Legislation Committee.

Resolved:
S/59/2005

To appoint the persons listed below as the Chair of the respective committees listed opposite that person’s name for a three year term commencing on 01/01/2006.

Chair Committee
Chancellor
Garry Hunt
Chancellor
Chancellor
Terry Budge
Chancellor’s Committee
Environmental Committee
Governance & Nominations Committee
Honorary Awards & Ceremonial Committee
Resources Committee

9.STATUTE CHANGES

Senate noted a report from the General Counsel & University Secretary concerning action consequent upon Senate resolution S/46/2005(i).

Resolved:
S/60/2005
To ratify amendments to Statute 5-Academic Council in the terms attached (changes 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.

10.MINUTES

Senate confirmed the minutes of the meeting held on 16/08/2005. It also noted a report of action taken to implement previous resolutions of Senate.

11.ACADEMIC COUNCIL

Senate noted the minutes of the meeting of the Academic Council held on 14/09/2005 and resolved in accordance with the recommendation of the committee as follows:

Resolved:
S/61/2005
To approve revisions to the ‘Establishment and Management of Centres’ policy in the terms attached (changes marked up).

12.CHANCELLOR'S COMMITTEE

Senate noted the minutes of the meetings of:

  • the Chancellor’s Committee held on 13/09/2005 and 28/09/2005; and
  • the Chancellor's (Merger) Committee held on 13/09/2005, 26/09/2005 and 28/09/2005.

There were no recommendations requiring a Senate resolution. Discussions in relation to the merger feasibility study and the role of the Guild President in reference to Senate were held in camera and are dealt with below.

13.GOVERNANCE & NOMINATIONS COMMITTEE

Senate noted the minutes of the decision (by circular resolution) of the Governance & Nominations Committee dated 24/08/2005 and resolved in accordance with the recommendation of the committee as follows:

Resolved:
S/62/2005
(i) To co-opt Ms Dawn Casey as a member of Senate for a 3 year term commencing on 01/01/2006, to replace Bob Pett whose third term expires on 31/12/2005.
(ii) To authorise the General Counsel & University Secretary to amend and reissue the Statement of Governance Principles in the terms attached to the minutes of the Governance & Nominations Committee dated 24/08/2005.

14.HONORARY AWARDS & CEREMONIAL COMMITTEE

Senate noted the minutes of the meeting of the Honorary Awards & Ceremonial Committee held on 16/09/2005. There were no recommendations requiring a Senate resolution.

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

Senate noted the minutes of the meeting of the Resources Committee held on 20/09/2005 and, noting that formal proposals in relation to the Lakeview Apartments complex and student accommodation generally are yet to be referred to Senate for review and determination, resolved in accordance with the recommendation of the committee as follows:

Resolved:
S/63/2005
(i) To authorise management to enter into negotiations with St Ives on the development of a high care facility, and to commence feasibility studies and the design of an expansion of the St Ives Village.
(ii) To approve the attached list of payments for the period 22/07/2005 to 09/09/2005.
(iii) To approve a $2M budget allocation for the continuation of the asbestos removal programme at the end of 2005.
(iv) To approve, subject to the attached conditions, the University subscribing for shares in a proposed incorporated joint venture vehicle to commercial intellectual property.

17.CURTIN-MURDOCH MERGER FEASIBILITY STUDY (PAPERS & DISCUSSION COMMERCIAL IN CONFIDENCE)

Senate noted the minutes of the meetings of the expanded Chancellor's (Merger) Committee held on 13/09/2005, 26/09/2005 and 28/09/2005. The Chancellor also provided a verbal update in relation to the status of discussions with the Chancellor of Curtin University of Technology.

Resolved:
S/64/2005

To authorise the expanded Chancellor's (Merger) Committee to act on its behalf in negotiations with the Curtin Council Merger Steering Committee to progress the merger feasibility study on the basis of:

  • the resolution of the Council of Curtin University of Technology dated 22/06/2005;
  • the resolution of the Senate dated 28/06/2005; and
  • the deed of confidentiality between the parties and executed by Curtin University of Technology on 23/06/2005.

Senate noted also noted that the WA Minister for Education has appointed a consultant to advise on possible criteria for assessing public benefit in the context of any merger.

Resolved:
S/65/2005
To authorise the expanded Chancellor's (Merger) Committee, in tandem with the Vice Chancellor and the Senior Executive, to liaise with the Federal or State Governments as necessary on any matters relating to, or arising out of, the merger negotiations.

Secretary’s note: Mr Daniel Narbett dissenting.

A discussion then ensued in relation to the role of the Guild President in relation to Senate generally, and its consideration of the merger feasibility study in particular. A motion that the Guild President be invited to participate in all meetings of Senate which considered any merger, subject to signing a confidentiality agreement, was not passed. Key points canvassed included:

  • It was asserted that the effect of sub-section 20(2) of the Murdoch University Act is that the Guild President must have a role in Senate’s deliberations. A copy of correspondence from the Office of the Minister for Education, Science & Training dated 17/05/2005 was tabled indicating that the Senate could grant the Guild President attendance or speaking rights should it wish to. Any concerns about confidentiality could be addressed by the Guild President signing a confidentiality agreement.
  • It would create an untenable conflict of interest for the Guild President to be constrained by the requirements of a confidentiality deed whilst having the obligation to be the conduit for information passing between Senate and students.
  • Some formal recognition should be given in terms of the Guild President’s role.
  • There are numerous measures in place to facilitate consultation and communication with the Guild and students in relation to the merger feasibility study, including general briefing sessions, website ‘Frequently Asked Questions’, an online feedback facility and a direct briefing between the University’s members of the merger feasibility team, on the one hand, and the Guild President and Mr Daniel Narbett on the other. There have also been meetings with the Vice Chancellor, the merger feasibility group and the Guild President.

Resolved:
S/66/2005
Noting that the PVC (Corporate Services) and the Chancellor will each confer with the Guild President and the two elected student Senators, to request the Governance & Nominations Committee to consider and make recommendations to Senate on the future role for the Guild President in light of the National Governance Principles, the attached letter from the Minster and the terms of the Murdoch University Act.

18.SENATE MEETING DATES 2006

Resolved:
S/67/2005

To approve the following meeting dates for 2006, all of which are on a Wednesday:

Meeting date Deadline for agenda papers
22/02/2006
05/04/2006 (Peel campus)
03/05/2006
07/06/2006
12/07/2006
06/09/2006
25/10/2006
29/11/2006
Thursday, 09/02/2006
Thursday, 23/03/2006
Thursday, 20/04/2006
Thursday, 25/05/2006
Thursday, 29/06/2006
Thursday, 24/08/2006
Thursday, 12/10/2006
Thursday, 16/11/2006

19.OFFICIAL SEAL

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