26 August 2009 - Senate Minutes

Present:	Mr Terry Budge (Chair) Prof John Yovich (Vice Chancellor) Mr Brian Aitken Ms Janice Bowra Assoc Prof Lance Fung Mr Garry Hunt Mr Tony Iannello Dr Marian Kemp Mr Darren Munday Ms Maxine Murray Ms Courtney Robertson Dr Lyndy Scott Ms Eva Skira Ms Basha Stasak
Secretary:	Mr Jeremy Rigg
Observers:	Mr Ian Callahan (DVC – Corporate) Prof. Gary Martin (DVC – Faculty, Enterprise & International) Prof. Jim Reynoldson (DVC – Research) Prof. Jan Thomas (DVC – Academic) Assoc. Prof. Bev Thiele (president Academic Council) Mr John Pike Ms Trudi McGlade Ms Anne Randall

1. MEMBERSHIP
2. APOLOGIES
3. DECLARATIONS OF INTEREST (MURDOCH UNIVERSITY ACT s17A)
4. CONFIRMATION OF PREVIOUS MINUTES
5. VICE CHANCELLOR'S REPORT
6. SENATE RETREAT 2009
7. STRATEGIC PLAN 2010-2015 (INCLUDING VISION STATEMENT)
8. STUDENT RETENTION
9. AMENDMENTS TO STUDENT MISCONDUCT LEGISLATION
10. 2008 ANNUAL REPORT OF THE ENVIRONMENTAL COMMITTEE
11. MURDOCH UNIVERSITY GUILD OF STUDENTS REGULATIONS AND GUILD ELECTIONS REGULATIONS
12. AMENDMENTS TO ELECTION REGULATIONS
13. POSITION OF CHANCELLOR
14. THE STUDENT EQUITY & SOCIAL JUSTICE COMMITTEE
15. POTENTIAL REFORMS TO THE MURDOCH UNIVERSITY ACT
16. REVIEW OF RESEARCH AND DEVELOPMENT BOARD
17. STUDENT APPEALS COMMITTEE REGULATIONS
18. LEGISLATION AMENDMENTS FROM ACADEMIC COUNCIL
19. DEBT WRITE-OFFS
20. AUDIT AND RISK MANAGEMENT COMMITTEE
21. ACADEMIC COUNCIL
22. ENVIRONMENTAL COMMITTEE
23. GOVERNANCE AND NOMINATIONS COMMITTEE
24. HONORARY AWARDS AND CEREMONIAL COMMITTEE
25. LEGISLATION COMMITTEE
26. RESOURCES COMMITTEE
27. OFFICIAL SEAL
28. SPRING GRADUATION CEREMONIES - 2009
29. FUTURE SENATE MEETING DATES FOR 2009

Meeting commenced at 3:50pm

1.MEMBERSHIP

The Chancellor welcomed members to the meeting. 

2.APOLOGIES

Prof Nick Costa, Mr Russell Gibbs, Mr Paul Niardone and Dr Stewart Washer

3.DECLARATIONS OF INTEREST (MURDOCH UNIVERSITY ACT s17A)

The Chancellor declared an interest in relation to item 13 of the agenda, and indicated that he would vacate the Chair for this item and leave the meeting, with the item to be Chaired by the Deputy Chancellor.  It was also noted that an update in relation to the progress of the Enterprise Bargaining would be provided in the course of item 5, and that any staff covered by the collective agreement would be asked to leave the room at this time.

4.CONFIRMATION OF PREVIOUS MINUTES

Senate confirmed the minutes of the meeting held on 5 June 2009 and noted the report of action on resolutions passed at this meeting.

5.VICE CHANCELLOR'S REPORT

The Vice Chancellor spoke to his report to Senate, highlighting the following:

• The University’s Genesiis fund raising campaign, initiated to assist in the establishment of the Institute of Immunology and Infectious Diseases, has received a grant of $5 million from Lotterywest.  This is the largest ever philanthropic grant received by the University.
  

• The Health Research Building, built to house the Institute, has earned a 2009 Master Builders Association WA award for the best Health/Aged Care building.

• Murdoch has had a record mid year intake of students, with around 3,000 applications having been received.

• Murdoch hosted the Innovative Research Universities (IRU) senior staff forum from 15 to 17 July.  It was announced during the forum that Charles Darwin University will be joining IRU Australia.

• Also of note in relation to the IRU, is the recent signing of a Memorandum of Understanding between the Australian Chamber of Commerce and Industry for the promotion and enhancement of Work Integrated Learning, with the objective of boosting graduate skills and employability.

• On 26 August, the Hon Simon O’Brien, Minister for Transport, attended Murdoch University for the launch the Centre for Research into Energy for Sustainable Transport, announcing the provision of $2.3 million in funding of the centre as a WA State Centre of Excellence.

• Emeritus Professor Jack Loneragan passed away on 11 August 2009.  He served as a Foundation Professor of Biology until 1990, and in 1993 Senate approved the naming of a new science building the Loneragan Building in recognition of his and his wife Mona’s contribution to the University community.

It was resolved to send a letter of condolences to the Loneragan family on behalf of the Senate.  Senate also resolved to send the staff involved in managing the construction of the Health Research Building a letter of congratulations.

Assoc Prof Fung and Dr Kemp left the meeting at this point

Ms Stasak joined the meeting at this point

The Chancellor invited the Deputy Vice Chancellor (Corporate), Mr Ian Callahan to update Senate in relation to the ongoing Enterprise Bargaining negotiations.  Mr Callahan outlined the key Union claims and main points of difference between the parties.  He also noted that ballots are currently being held by the Unions in relation to a proposed “national day of action” on 16 September.  

Following some brief discussion among members of Senate, the Chancellor emphasised that the negotiations were a management issue, and not a matter for any Senate decision or debate.

Resolved: S/23/2009	That the Chancellor, on behalf of Senate, write to the Loneragan family and offer Senate’s condolences on the passing of Emeritus Professor Jack Loneragan
Resolved: S/24/2009	That the Chancellor, on behalf of Senate, congratulate the key staff members involved in the construction of the Health Research Building on receipt of the recent 2009 Master Builders Association WA award for the best Health/Aged Care building

Assoc Prof Fung and Dr Kemp returned to the meeting at this point

6.SENATE RETREAT 2009

The Chancellor spoke briefly to the paper attached to the agenda providing a report on outcomes of the 2009 Senate Retreat and progress in relation to those outcomes. 

The Chair of the Resources Committee, Mr Tony Iannello briefly outlined to Senate the discussion in relation to “Building Strategic Investment Capacity” that occurred at the meeting of the Investment Subcommittee.  Mr Iannello noted that the DVC (Corporate) and the Director, Finance, Planning & Reporting were conducting a review, and that it was premature to report back to Senate at this stage.

The Chancellor noted in relation to the proposed governance review, that there had been considerable activity in this area in the New South Wales universities, and that a useful teleconference had been held recently with an expert who had participated in review processes at the University of Sydney and UNSW.  The General Counsel, Mr Jeremy Rigg, and the Manager Secretariat, Ms Trudi McGlade have undertaken to prepare a terms of reference for a review that it is hoped will be presented to Senate at its October meeting.

7.STRATEGIC PLAN 2010-2015 (INCLUDING VISION STATEMENT)

The Chancellor invited Ms Anne Randell, Executive Advisor, to speak to the papers tabled for this item.

Ms Randell noted that she was currently in a data collecting phase for the strategic planning process.  She advised that she is aiming to circulate an interim planning paper for the feedback of Senate members within the next 3 to 4 weeks, and that there would be further discussion on this topic at the October meeting of Senate.

There was general discussion among members of Senate in relation to the draft vision statements that had been prepared.  While it was agreed that further work was required, there was tentative support for the directions being taken and members of Senate highlighted the emotive aspects of particular concepts that resonated with their sense of what Murdoch University is and should be about.

The Chancellor encouraged members of Senate to provide further feedback in relation to this item to Ms Randell directly.

8. STUDENT RETENTION

The Deputy Vice-Chancellor (Academic), Professor Jan Thomas, spoke to a brief presentation in relation to student retention initiatives at Murdoch.  It was noted that in light of the targets on tertiary degree attainment and low socioeconomic status enrolments that have been proposed in the Bradley review, student retention may be of increasing importance as a performance indicator for Universities.

Professor Thomas outlined some of the “buffering” strategies, providing financial, academic and pastoral supports for students, and “bridging” strategies, facilitating connections among students and between students and the University community, that have been implemented by Murdoch.  It was noted that student retention rates had been trending upwards in recent years.

The Chancellor thanked Professor Thomas for her presentation.

9.AMENDMENTS TO STUDENT MISCONDUCT LEGISLATION

The Chancellor noted to Senate that a Working Party had been established by Academic Council in January of 2008 to “review the general scope of misconduct at Murdoch University and propose amendments to the Student Discipline Statute”. 
A new set of regulations to replace the existing Statute 23, in an effort to improve procedural fairness by creating a clearer distinction between academic misconduct and behavioural misconduct, as well as separating the function of investigating misconduct from the function of decision making on allegations of misconduct.

In the course of the legislative changes being considered by Academic Council and the Legislation Committee, a number of matters arose that needed to be addressed by way of seeking external legal advice.  The General Counsel spoke to the advice that had been received, particularly in relation to the proposal for training of staff who have responsibility to implement the new disciplinary procedures, and also in relation to the approach taken in replacing the current Statute 23 with a set of regulations.  The President of Academic Council endorsed the comments of the General Counsel.

Senate considered the advice provided and recommendations made, and resolved in accordance with the recommendations of the Legislation Committee made at its meeting of 15 June 2009, as follows:

Resolved: S/25/2009	(i)	to rescind Statute 23 – Student Discipline;
	(ii)	to establish Statute No 26 – Student Misconduct as set out in the attachment;
	(iii)	to approve the Student Discipline Regulations as set out in the  attachment, to come into force upon the same day that Statute No 26 – Student Misconduct, is gazetted;
	(iv)	to approve the amended ‘Statute No 4 – Degrees, Diplomas and Certificates as set out in the attachment.

10.2008 ANNUAL REPORT OF THE ENVIRONMENTAL COMMITTEE

Members had before them the 2008 Annual Report of the Environmental Committee.  Mr Garry Hunt, Chair of the Committee spoke briefly to this report.  Mr Hunt noted that having a dedicated Environmental Programme Manager had greatly assisted in the work of the Committee gaining traction and in progress being made across the University.  He added that the report demonstrated that Murdoch University is living its values in terms of its commitment to biodiversity on campus.

Senate noted the report.

11.MURDOCH UNIVERSITY GUILD OF STUDENTS REGULATIONS AND GUILD ELECTIONS REGULATIONS

Members were advised that the Guild Council had recommended a number of changes and updates to the Guild Regulations and Guild Election Regulations in order to align those regulations with current practices and new Council positions, and to ensure that the Guild Election Regulations could operate independently of the University’s Election Regulations. These changes and updates had been considered by the Legislation Committee by circular resolution.  The General Counsel noted to Senate that a number of minor administrative changes and clarifications had been made to the Regulations based on feedback from Committee members, but that these did not make a substantive difference to the intent.

Senate resolved in accordance with the Committee’s recommendations as follows:

Resolved: S/26/2009	(i)	to amend the Guild Regulations as attached to the agenda; and
	(ii)	to amend the Guild Elections Regulations as attached to the agenda.

12.AMENDMENTS TO ELECTION REGULATIONS

A number of changes had been proposed to the Election Regulations to address issues in relation to conflicts of interest, and the understanding that elected positions to Senate are not of a representative nature. These changes had been considered by the Legislation Committee by circular resolution.  The General Counsel noted to Senate that a number of clarifications had been made to the Regulations based on feedback from Committee members, but that these did not make a substantive difference to the intent.

Senate resolved in accordance with the Committee’s recommendations as follows:

Resolved: S/27/2009

to amend the Election Regulations as attached to the agenda.

13.POSITION OF CHANCELLOR

This item was heard in camera with the Chancellor and all observers withdrawing.  The Deputy Chancellor took the Chair.

The Deputy Chancellor provided a brief outline to Senate of the process that had been followed in relation to the selection of the Chancellor, noting the minutes of the Chancellor’s Selection Process Subcommittee meeting that were attached to the agenda.  She extended an invitation to all members of Senate to discuss with her any aspect of the process that had been followed.

On the basis of the recommendation of the Subcommittee, Senate unanimously resolved to re-appoint Mr Budge for a further term as Chancellor.

Senate formally thanked both the Deputy Chancellor and the members of the Subcommittee, and commended them for the professionalism with which the matter of the Chancellor’s selection had been handled.

Resolved: S/28/2009

That Mr Terry Budge be re-appointed for a further term as Chancellor, effective from 29 November through to 28 November 2012.

The Chancellor and observers returned to the meeting.

On behalf of Senate members, the Deputy Chancellor congratulated the Chancellor on his re-appointment.

The Chancellor noted that he is immensely proud to be Chancellor of Murdoch University.  He acknowledged that much had been achieved over the previous three years as a team effort, and he thanked individual members of Senate for their willingness to assist.  He noted the feedback that had been relayed to him during the selection processes, and stressed that the Senate needs to continue its focus upon:

• achieving improved educational outcomes for Murdoch students

• continuing strong support of University management to enable achievement of strategic goals

• preparedness for the implementation of the Bradley review reforms

• the need to achieve greater financial independence

• ensuring the right matters are on the Senate agenda, with the right Senate membership and optimal engagement of those members

The Chancellor expressed his thanks to members of Senate on his re-appointment and to the Deputy Chancellor in particular for her coordination of the process.

14.THE STUDENT EQUITY & SOCIAL JUSTICE COMMITTEE

Members were reminded that in 2008, the University had conducted a Joint Senate & Academic Council Review of Academic Council where it had been recommended that:

(t)he Senate Governance Working Party convene to review the locus of the University’s Equity Committee or at the very least ensure that the Student Equity and Social Justice Committee is able to report to the Senate annually.

At the meeting of the Governance & Nominations Committee held on 7 July 2009 advice on the matter from the Deputy Vice Chancellor (Academic) and the President Academic Council had been considered.   Members agreed with the recommendations set out in resolution GNC/03/2009 and resolved that:

Resolved: S/29/2009	(i)	that the present structure with the SESJC reporting to Academic Council and staff equity remaining the responsibility of the Office of Human Resources reporting to LMG be maintained;
	(ii)	that the profile of both staff and student equity matters be raised by Senate, through the Audit and Risk Management Committee, receiving a joint annual report from the DVC(A) and the Director of HR on indicators of, and initiatives to support, both staff and student equity prepared by HR and the SESJC respectively; and
	(iii)	that Academic Council be advised of this resolution.

15.POTENTIAL REFORMS TO THE MURDOCH UNIVERSITY ACT

Members were advised that at its meeting held on 15 June 2009, the Legislation Committee had before them a paper which had been prepared by the General Counsel & University Secretary (GCUS) on potential reforms to the Murdoch University Act.  At that meeting the GCUS had spoken to this paper and highlighted a number of areas of potential reform to the Murdoch University Act 1973, and advised that discussions were continuing with the Department of Educations Services in relation to those areas.

Senate members agreed with the recommendation contained in LC/04/2009 of the Legislation Committee and resolved: 

Resolved: S/30/2009

to endorse the current approach being taken by Legal and Governance in relation to potential areas of reform to the Murdoch University Act 1973.

16.REVIEW OF RESEARCH AND DEVELOPMENT BOARD

Members had before them the minutes of the meeting of the Legislation Committee held on 15 June 2009, at which it was advised that a Review of the Research and Development Board had been undertaken in February 2009, in accordance with a recommendation of the Joint Senate and Academic Council review of Academic Council in 2008. 

The Review Panel had recommended a significant change to the research governance structure of the University; the abolition of the Research and Development Board and the locating of research strategy as the responsibility of the DVC (Research), with input from a new Research Advisory Committee. Also the return of direct responsibility for research policy to Academic Council.

Academic Council and Legislation Committee had approved these recommendations, along with a number of consequential changes to Statute 5, including taking the opportunity to shift Council membership into regulations, for ease of future amendment. 

Senate members agreed with the recommendations and resolved: 

Resolved: S/31/2009	(i)	to rescind Statute No. 24 – Research and Development Board;
	(ii)	to amend  Statute No 5 – Academic Council as set out in the attachment to the agenda; and
	(iii)	to establish Academic Council Regulations made under Statute No 5 – Academic Council as set out in the attachment to the agenda.

17.STUDENT APPEALS COMMITTEE REGULATIONS

Members were advised that at its meeting held on 15 June 2009, the Legislation Committee had been advised that the Student Appeals Working Party had been working on a review of the appeals process.  It had recommended the adoption of a new comprehensive policy that deals with all student appeal related matters, and this policy had been approved by Academic Council at its meeting held on 4 March 2009 (AC/30/2009).  Consequential changes needed to be made to the Student Appeals Committee Regulations.

Senate members agreed with the recommendation contained in LC/07/2009 of the Legislation Committee and resolved: 

Resolved: S/32/2009

to amend the Student Appeals Committee Regulations as set out in the attachment to the agenda.

18.LEGISLATION AMENDMENTS FROM ACADEMIC COUNCIL

Senate noted that all of the below legislation amendments were the necessary follow on amendments from items discussed at the meetings of Academic Council held on 15 April 2009 and 13 May 2009.  These amendments had been recommended by Legislation Committee resolutions LC/09/2009, LC/10/2009 and LC/11/2009.

Senate resolved: 

Resolved: S/33/2009	to amend Schedule 2 of the Postgraduate Coursework Regulations (Postgraduate Coursework Qualifications), inserting Education (Specialisation) (PgCertEd) into Postgraduate Certificates.
Resolved: S/34/2009	To amend the Bachelor Degree Regulations as indicated below with the following additions:
	(i)	Bachelor of Pharmacy (BPharm)
	(ii)	Bachelor of Communication (BCommun)
	(iii)	Bachelor of Mass Communication (BMassComm)
	(iv)	Bachelor of Information Technology Management (BITMan)
	(v)	Bachelor of Criminology (BCrim)
	(vi)	Bachelor of Business (BBus)

19.DEBT WRITE-OFFS

The Resources Committee (by RC/16/2009) had recommended to Senate approval of the write off of bad debts. 

Senate resolved:

Resolved: S/35/2009

to approve the write off of bad debts at 30 June 2009, as set out in the attachment to the agenda.

20.AUDIT AND RISK MANAGEMENT COMMITTEE

Members noted the minutes of the meetings of the Audit and Risk Management Committee held on 2 June and 7 August 2009.  

21.ACADEMIC COUNCIL

Members noted the minutes of the Academic Council meeting held on 11 June 2009. 

22.ENVIRONMENTAL COMMITTEE

Members noted the minutes of the meetings of the Environmental Committee held on 16 April and 11 June 2009.

23.GOVERNANCE AND NOMINATIONS COMMITTEE

Members noted the minutes of the meeting of the Governance and Nominations Committee held on 7 July 2009. Members’ attention was specifically drawn to Item 5 of the minutes concerning the Senate Review of Governance Framework.  Members noted that the Senate Statement of Governance Principles would be updated and brought, through the Governance and Nominations Committee, to Senate for approval at the October 2009 meeting.

24.HONORARY AWARDS AND CEREMONIAL COMMITTEE

Members noted the minutes of the decisions by circular of the Honorary Awards and Ceremonial Committee effective 25 June and 17 August 2009.

25.LEGISLATION COMMITTEE

Members noted the minutes of the Legislation Committee meeting held on 15 June 2009, and of the decision by circular resolution effective as of 30 July 2009.  

26.RESOURCES COMMITTEE

Members noted the minutes of the Resources Committee meetings held on 24 June and 17 August 2009 and in particular that the Resources Committee had resolved (RC/14/2009) to proceed now with development of State 9 of the St Ives Retirement Village. 

27.OFFICIAL SEAL

Members noted the official seal report in accordance with Senate Resolution S/51/2007.

28.SPRING GRADUATION CEREMONIES - 2009

Members noted that the Perth Spring graduation ceremony in for 2009 will take place on 17 September, 2009 at the Perth Convention and Exhibition Centre. 

Senate members were strongly encouraged to attend to support our students.

Members also noted that a graduation ceremony will be held on 28 October, 2009 at the Raffles City Convention Centre in Singapore.

Senate were also reminded that Open Day is to be held on Sunday, August 30, and members were encouraged to attend.

29.FUTURE SENATE MEETING DATES FOR 2009

Members noted the future meeting dates for 2009.

The meeting closed at 6:40pm