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Council Meeting 3-2008

Meeting 3/2008 of the Monash University Council will be held between 4.00 pm and 7.00pm on Monday, 26 May 2008, in the Advancement Meeting Room, Room 9.03, Level 9, Building H, Caulfield Campus.

Following the meeting Councillors are invited to attend a private cocktail function and the inaugural Monash Israel Oration – The Future of Israel: Three Scenarios.

AGENDA

Members having a direct commercial or financial interest in any item before this meeting must declare that interest to the Chancellor via the Council Secretary prior to consideration of the item, and must not take part in a vote on any matter concerning it.

PART A

1 PROCEDURAL MATTERS

*1.1 Apologies

Mr Sumeet Katariya is an apology.

*1.2 Special Leave

The following Councillor was granted special leave:

 Name  Meeting No.  Date
 Mr Peter Redlich  3/2008  26 May 2008

*1.3 Starring of Items

Members who wish a non-starred item to be discussed may request at this point.

*1.4 Approval of Non-Starred Items

The Chancellor will move that all items on the agenda not starred be adopted without discussion, and the action recommended be taken or the information therein noted.

2 Business in-camera Members Only

*2.1 Vice-Chancellor Search Process Item 2pp 1-18

The Chancellor will introduce the item for discussion.

RECOMMENDATION

That Council:

  • affirm the consultation phase that has informed the recommendations and drafts contained in this report.
  • as amended in the light of discussions at its meeting, approve the proposed position description.
  • as amended in the light of discussions at its meeting, approve the proposed selection criteria.
  • as amended in the light of discussions at its meeting, approve the proposed selection process.

2.2 Report of Membership Committee Item 2pp 19-34

*2.2.1 Discussion of Vice-President (Finance) on Resources & Finance Committee

RECOMMENDATION

That Council:

  • note that Membership Committee has resolved to review and report to Council on the appropriateness of university staff on Committees of Council; and
  • approve that the Vice-President (Finance) remain a member of Resources and Finance Committee until such time as Council determines otherwise.

2.2.2 Vice-Chancellor Selection Process

RECOMMENDATION

Subject to minor amendments identified during discussion, Membership Committee endorsed the following for submission to Council:

  • that Council reaffirm the consultation phase that informed the recommendations and draft documents relating to the appointment of the next Vice-Chancellor:
  • the proposed Position Description 
  • the proposed selection criteria; and 
  • the proposed selection process

*2.2.3 Update on projects Item 2pp 25-34

RECOMMENDATION

That Council approve the following guidelines:

  • Guidelines for the selection of Council members
  • Guidelines on the Appointment of Chairs of Committees of Council
  • Guidelines on Induction of Councillors Authorised observers will be admitted to the meeting at this point.

*3 Report to Council by the Dean of Faculty of Art and Design Item 3pp 1-6

The Vice-Chancellor will introduce Professor John Redmond, Dean, Faculty of Art and Design.

RECOMMENDATION

That Council receive the advice of Professor John Redmond, Dean, Faculty of Art and Design.

4 Confirmation of Minutes of Previous Meeting

*4.1 Minutes of Meeting No 1/2008

The Minutes of Meeting No 2/2008 held on 31 March 2008 have been circulated.

RECOMMENDATION

That Council confirm the Minutes of Meeting No. 2/2008 held on Monday, 31 March 2008.

PART B STARRED ITEMS

5 Chancellor’s Business

*5.1 Chancellor’s Report to Council

RECOMMENDATION

That Council receive the oral report of the Chancellor.

*5.2 Legislative Review announced by the Victorian Government Item 5pp 1-16

Mr Ian Pyman and Dr Carol Williams will introduce this item.

RECOMMENDATION

That Council receive the advice of the Working Group.

5.3 Change of Date for Meeting 6/2008

RECOMMENDATION

That Council approve the change of meeting date for Meeting 6/2008 to 15 September 2008.

*5.4 Council Charter Item 5pp 17-22

RECOMMENDATION

That Council receive and subject to discussion approve the draft Council Charter.

6 Vice-Chancellor’s Business

*6.1 Vice-Chancellor’s Report to Council Item 6pp 1-6

RECOMMENDATION

That Council receive the Vice-Chancellor’s Report to Council.

*6.2 Update on University 2008 Financials Item 6pp 7-14

RECOMMENDATION

That Council receive the financial report for the period ending April 2008.

*6.3 Impact of the 2008 Victorian and Federal Budgets Item 6pp 15-24

RECOMMENDATION

That Council receive the advice of the Vice-Chancellor.

*6.4 Implications of the University of Western Australia Court Case on ownership of Intellectual Property Item 6pp 25-36

RECOMMENDATION

That Council note the advice of the Vice-President Administration and University Solicitor.

*6.5 The revised organisational Model for delivering Teaching and Learning in the Education portfolio Members Only Item 6pp 37-42

RECOMMENDATION

That Council:

  • note the revised organisational structure of the Education portfolio;
  • approve the establishment of the position of Pro Vice -Chancellor (Learning and Teaching); and
  • approve the change of title of the Pro Vice-Chancellor Planning to Pro Vice-Chancellor (Planning and Quality).

*6.6 Dean, Faculty of Law – Appointment Members Only Item 6pp 43-46

RECOMMENDATION

That Council approve an offer of appointment as Dean, Faculty of Law, for a fixed period of 5 years commencing on 19 January 2009 and expiring on 18 January 2014, be made to the person named in the document.

PART C ITEMS FOR APPROVAL OR INFORMATION

7 Matters arising from the Minutes (not dealt with elsewhere in the agenda)

8 Resources and Finance Committee Members Only Item 8pp 1-38

*8.1 Delegations and Reporting Matrix Item 8pp 9-16

RECOMMENDATION

That Council approve the Delegations Matrix, including the defined delegations limits.

*8.2 Receipt of Report of Resources and Finance Committee Item 8pp 3-4

RECOMMENDATION

That Council receive the Report of the Resources and Finance Committee meeting 2/2008 held on 1 May 2008.

*8.3 Resources and Finance Committee Terms of Reference Item 8pp 17-20

RECOMMENDATION

That Council approve the new Terms of Reference for the Resources and Finance Committee.

*8.4 Wholly Owned Subsidiaries’ Constitutions: Directors’ Responsibilities Item 8pp 21-26

RECOMMENDATION

That Council resolve to authorise each of the wholly owned Monash University entities to alter its Constitution by adding the authority to directors provided for in Section 187 of the Corporations Act 2001 (Commonwealth) using the following form of words prepared by the University Special Counsel for the purpose:

“Where the company is a wholly owned subsidiary of a body corporate, a director is hereby authorised by this clause to act in the best interests of the owning body corporate and, if the director does so, he or she will be taken to have acted in good faith in the best interests of the company, subject to the restrictions imposed by the Corporations Act.”

*8.5 Naming Policy Item 8pp 27-38

RECOMMENDATION

That Council approve the new Naming Policy as it relates to the philanthropic, honorific, and/or functional naming of physical entities owned and operated by Monash University (i.e. facilities or facility components such as lecture theatres, classrooms, laboratories, conference rooms, halls or other locations), subject to the policy and procedures being reformatted to conform with current University standards.

8.6 Receipt of Proceedings of Resources and Finance Committee Item 8pp 5-8

In accordance with its Terms of Reference, Resources and Finance Committee discuss a range of matters that are then reported to Council for information.

While Council is not requested to take specific action i.e. approve, endorse etc on these matters, the supporting documents are provided to Councillors for their information.

These documents, the appendices listed in the “Proceedings” section of the Resources and Finance Committee Report to Council, have been removed from the papers and are provided to Councillors as a separate set of documents.

RECOMMENDATION

That Council note the proceedings of meeting 2/2008 of Resources and Finance Committee held on 1 May 2008.

9 Report of the Academic Board Item 9pp 1-30

*9.1 Receipt of Report Item 9pp 3-4

RECOMMENDATION

That Council receive the Report of Meeting 2 of 2008 of the Academic Board held on Wednesday 16 April 2008.

*9.2 Establishment of new Schools on Sunway Campus Item 9pp 9-18

RECOMMENDATION

That Council:

  • Disestablish the School of Arts and Sciences, Sunway campus.
  • Establish the School of Arts and Social Sciences, Sunway campus.
  • Establish the School of Science, Sunway campus.

9.3 School re-organisation – Faculty of Medicine, Nursing and Health Sciences Item 9pp 19-20

RECOMMENDATION

That Council:

  • Establish the School of Public Health and Preventive Medicine. 
  • Establish the Eastern Health Clinical School. 
  • Rename the Central and Eastern Health Clinical School as the Central Clinical School.

9.4 Testamurs for PhD Cotutelle Candidates

Secretarial Note: Cotutelle students are PhD students who have their doctorial studies supervised jointly by academics from an Australian University and a French University.

RECOMMENDATION

That Council approve addition of the following words to the testamur for PhD Cotutelle graduates:

“This dual award was pursued under a cotutelle program between Monash University and (... insert partner institution name ...)".

9.5 Faculties Regulations (Amendment no. 1 2008) Item 9pp 21-28

RECOMMENDATION

That Council make Faculties Regulations (Amendment no. 1 2008).

9.6 Receipt of Proceedings Item 9pp 5-8

RECOMMENDATION

That Council receive and note the Proceedings of Meeting 2 of 2008 of the Academic Board held on Wednesday 16 April 2008.

10 Gippsland Advisory Council Item 10pp 1-4

*10.1 Receipt of Report of Gippsland Advisory Council

RECOMMENDATION

That Council receive the report of the Gippsland Advisory Council meeting 2/2008 held on 15 April 2008.

10.2 Receipt of Proceedings of Gippsland Advisory Council

RECOMMENDATION

That Council note the proceedings of the Gippsland Advisory Council meeting 2/2008 held on 15 April 2008.

11 General Business

11.1 Advancement Progress Report Members Only Item 11pp 1-4

RECOMMENDATION

That Council receive the report titled Advancement Portfolio Progress Report.

11.2 Senior Appointments Members Only Item 11pp 5-8

RECOMMENDATION

That Council note that the people named in the document have accepted the indicated offers of appointment, approved by the Special Professorial Appointments Committee of Council.

11.3 Use of the University Seal Members Only Item 11pp 9-12

RECOMMENDATION

That Council note the report of the Vice-Chancellor dated 14 May 2008 on the affixing of the Common Seal to documents executed under Seal pursuant to Statute 8.1, Section 2.1.5.

11.4 Monash University Law School Foundation Regulations (Amendment No. 1 2008) Item 11pp 13-18

RECOMMENDATION

That Council make the Monash University Law School Foundation Regulations (Amendment no. 1 2008)

*11.5 Exclusion for Unsatisfactory Progress or Inability to Progress Regulations (Amendment No. 1 2008) Item 11pp 19-24

RECOMMENDATION

That Council make the Exclusion for Unsatisfactory Progress or Inability to Progress Regulations (Amendment No. 1 2008).

11.6 Monash Member of the CRC for Asthma and Airways Board Members Only Item 11pp 25-28

RECOMMENDATION

That Council approve that Professor Michael Berndt be withdrawn as the Monash University representative and that the person named in the document be nominated as the replacement.

11.7 Monash Alternate Member of the Nanovic Board Members Only Item 11pp 29-32

RECOMMENDATION

That Council approve that the person named in the document replace Dr Abid Khan as Monash University’s representative on the Board of Nanotechnology Victoria Limited until such time as determined otherwise.

11.8 Proposed changes to the constitution of Water Quality Research Australia Ltd Item 11pp 33-38

A copy of the Constitution of Water Quality Research Australia Ltd is available from the Secretary to Council.

RECOMMENDATION

That Council approve the alteration of the constitution of Water Quality Research Australia Ltd by the addition of a new Rule 50.6 as follows:

“50.6 Despite rule 50.5(a), the Members may, by the passing of a unanimous vote at any general meeting, appoint as Chairperson a person who is employed by a Member for a period of no more than 12 months.”

12 Next Meeting

The next meeting of Council is scheduled to be held on 14 July 2008 in Advancement Meeting Room 9.03, Level 9, Building H, Caulfield Campus.

Further Information

Inquiries about any of the business listed above, or on Council matters in general, may be directed to Mr Tony Calder, Director, Executive Services, Room GO6, Administration Building 3a, Clayton Campus, telephone 9905-2010 or via facsimile on 9905-5342.