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Council Meeting 8-2008

Meeting 8/2008 of the Monash University Council was held between 4.00 pm and 7.00 pm on Monday, 8 December 2008, in the Sir George Lush Room, Building 3a, Clayton Campus.

MINUTES

There were present:
Dr A Finkel AM, Chancellor, Presiding
Dr L Rowe AM, Deputy Chancellor
Professor R Larkins AO, Vice-Chancellor and President
Professor J Godfrey, President of Academic Board
Ms L Adler AM
Mr J Bender
Mr Y Blacher
Professor C Bourke MBE
Mr S Buggle
Dr C Curwen CVO OBE
Mr S Katariya
Ms P Hutchinson
Mr B Maxfield
Mr I Nethercote
Mr I Pyman
Dr C Williams
Dr J Zillman AO


In attendance were:
Professor A Shoemaker, Deputy Vice-Chancellor (Education)
Professor E Cornish, Deputy Vice-Chancellor (Research)
Mr P Marshall, Vice-President (Administration)
Mr R Fairchild, Vice-President (Advancement)
Mr D Pitt, Vice-President (Finance)/Chief Financial Officer
Professor M Evans, Pro Vice-Chancellor (Planning and Quality)


Secretary:
Mr T Calder, Director, Executive Services

Observers:
Ms D D'argent
Ms J Holt
Associate Professor H Forgasz
Professor M O'Connor
Mr M Hilakari

1 Procedural Matters

1.1 Apologies

Mr P Ramler AM, Ms L Boston, Mr P Redlich AO, and Professor Tam Sridhar were apologies.
Professor S Fahey Deputy Vice-Chancellor (International) was unable to attend the meeting.

1.2 Special Leave

There were no requests for Special Leave.

1.3 Starring of Items
The starring of Items 9 and 7 was removed.

Items 1.1 Apologies, 1.2 Special Leave, 1.3 Starring of Items, 1.4 Approval of Non-Starred Items, 2.1 Chancellor's Report on the Vice-Chancellor's Performance Review; 2.2 Minutes of Special Council Meeting 14.11.08; 2.3 Senior Re-appointments requiring approval of Council; 3.1 Minutes of Meeting No. 7/2008; 4.1 Chancellor's Report to Council; 4.2 Chancellor End-of-Year Report; 5.1 Vice-Chancellor's Report to Council; 5.2 Update on University 2008 Financials (October); 5.3 2008 Research Report; 5.4 HEEF/EIF Monash Proposal - New Horizons Centre; 5.5 Annual Plan and Budget; 6.1 Receipt of Report of Resources and Finances Committee; 7.2 Composition of Academic Board; 7.7 Masters by Coursework; 7.11 Staff of Offshore Campuses; 8 Report of the Equal Opportunity Committee; 9.1 Declaration of Poll-election to Council of one academic staff (other than the Professors); 9.8 Proposal to schedule student elections for Council from Semester 2 to Semester 1, 9.9 Proposal to introduce a Student Representative Training Program at Monash University were ‘starred' for discussion.

1.4 Approval of Non-Starred Items
Council resolved on the motion of the Chancellor 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

2.1 Chancellor's Report on the Vice-Chancellor's Performance Review

The Vice-Chancellor was not present during discussion of this item

The Chancellor advised Council that he had held a performance review meeting with the Vice-Chancellor and the outcome of the meeting had been provided to the Selection and Remuneration Committee.

In summary, the Chancellor informed Council that the leadership provided by the Vice-Chancellor had contributed significantly to Monash's success. During 2008, research momentum had been maintained, the Monash Passport introduced, a range of activities and celebrations had marked Monash's 50th Anniversary, Monash continued to attract increasing numbers via VTAC 1st preferences, both offshore campuses continued to increase student enrolments, the IITB Monash Research Academy had been established, a number of significant senior appointments had been made and new programs established including graduate entry Medicine at Gippsland campus and Architecture at Caulfield.

Noting that the Vice-Chancellor retires from the University at the end of June 2009 Council was advised that the Vice-Chancellor would continue to focus on achieving broad goals and work closely with the Vice-Chancellor designate to ensure a smooth transition.

In response to a question Council was advised that a component of the Vice-Chancellor's performance bonus, as set by Selection and Remuneration Committee had been adjusted downwards as a result of the University not meeting all key performance indicators.

RESOLUTION CL8/2008/212

Council received the Chancellor's oral report on the Vice-Chancellor's performance review.

2.2 Minutes of Special Council Meeting 14 November 2008

RESOLUTION CL8/2008/213

Council confirmed the Minutes of the Special Council Meeting held on Friday, 14 November 2008.

For action or noting by: Secretary to Council.

2.3 Senior Re-appointments requiring approval of Council

RESOLUTION CL8/2008/214

Council approved the following:

  • an offer of appointment as a professor and Pro Vice-Chancellor (Planning and Quality), for a fixed period of three and a half years commencing on 1 July 2009 and expiring on 31 December 2012, be made to the person named in the document.
  • an offer of appointment as a professor and Pro Vice-Chancellor (Campus co-ordination), for a fixed term period of two years commencing on 1 January 2010 and expiring on 31 December 2012, commencing on 2 February 2009 and expiring on 4 February 2011 be made to the person named in the document Professor Phillip Steele.

  • an extension to the current term of appointment be made to the person named in the document as Campus Director, Caulfield & Clayton, and Academic Director of Student Affairs until 31 December 2010.

  • an offer of appointment as Director, Executive Services and Secretary to Council, for a fixed period of five years commencing on 1 January 2010 and expiring on 31 December 2014, be made to be made to the person named in the document.

For action or noting by: Vice-President (Administration), Divisional Director-Human Resources, Director-Office of the Vice-President (Administration).

Authorised observers will be admitted to the meeting at this point.

3 Confirmation of Minutes of Previous Meeting

3.1 Minutes of Meeting No 7/2008

The Minutes of Meeting No 7/2008 held on 27 October 2008 were circulated.

RESOLUTION CL8/2008/215

Council confirmed the Minutes of Meeting No. 7/2008 held on Monday, 27 October 2008.
For action or noting by: Secretary to Council.

4 Chancellor's Business
4.1 Chancellor's Report to Council

The Chancellor provided Council with an update on the following matters:

  • meetings with members of the Vice-Chancellor's Group, Deans and Councillors and the issues raised during those meetings;
  • a continuing theme in 2009 will be e-research, e-education and the role of new technologies.
  • The Chancellor thanked Councillors for their continued attendance and participation in Monash events; and
  • The Chancellor thanked Deputy Chancellors for their contribution and presiding at graduations.

RESOLUTION CL8/2008/216

Council noted the advice of the Chancellor.

4.1.1 Term of Membership of Committees of Council

RESOLUTION CL8/2008/217

Council approved that the terms of office for appointed members of Council Committees be one year or until Membership Committee and Council have considered and approved revised memberships, whichever is the latter.

For action or noting by: Secretary to Council, Secretaries of Committees of Council.

4.1.2 Appointment of University Student Ombudsman

RESOLUTION CL8/2008/218

Council approved that subject to the Selection Committee for the Appointment of a University Student Ombudsman recommending an offer of appointment, the matter be referred to the Executive Committee of Council for consideration.

For action or noting by: Vice-President (Administration), Director - Office of the Vice-President (Administration).

4.2 Chancellor End-of-Year Report

The Chancellor outlined the major achievements of Council in 2008 and thanked Councillors for their contributions.

RESOLUTION CL8/2008/219

Council received the Chancellor's End-Of-Year report.

5 Vice-Chancellor's Business

5.1 Vice-Chancellor's Report to Council

Council received and noted the document titled Vice-Chancellor's Report to Council and noted the following additional information:

  • the 2008 Rhodes Scholarship for Victoria was awarded to Monash Student Ms Anthea Lindquist. The runner-up, Mr Robert Mitchell was shortlisted for an Australia at Large Rhodes Scholarship.
  • Ms Sarah Meyer - awarded the prestigious Sir John Monash Award.
  • Mr Unnel-Teddy Ngoumandjoka was one of thirty students awarded a prestigious Mandela Rhodes Scholarship in South Africa.
  • Professor Stephen Barkoczy was the joint winner of the 2008 Prime Minister's University Teacher of the Year Award.
  • The Myer Foundation had generously awarded $4.6m to establish Climate Works - a centre to coordinate and advance research and teaching into climate change.
  • A delegation of Monash staff attended the recent opening of the IITB Monash Research Academy; and
  • Further information on the process for performance appraisal for joint professorial appointments.

In response to a question, the Vice-Chancellor advised Council that while the University was not planning to initiate a round of redundancies, the matter may need to be considered in 2009 as an activity of last resort if the projected outcome for the 2009 and 2010 budget had not improved.

RESOLUTION CL8/2008/220

Council received the Vice-Chancellor's Report to Council.

5.2 Update on University 2008 Financials (October)

Mr Pitt provided Council with an overview of the major financial indicators for October.

RESOLUTION CL8/2008/221

Council received the financial report for the period ending 31 October 2008.

5.3 2008 Research Report

Professor Cornish provided Council with a presentation highlighting the major aspects of Monash's recent research activities.

Major aspects of the presentation included:

  • Over the past five years Monash's research performance has improved however to achieve a major lift in international rankings Monash would need to improve a range of metrics such as articles indexed by Thomson Reuters, highly cited researchers and greater research income per capita.
  • Analysis of research performance indicated that whereas discipline mix affected some indicators of relative performance six out of eight major disciplines at Monash had proportionally fewer senior academic staff than other Go8 universities. Further, data indicated that a significant percentage of academic staff were not involved in key activities that would have a positive impact on Monash's research standing as measured by the Times Higher Education Supplement and Shanghai Jiao Tong.
  • Going forward, improvement in research performance would require a greater number of high performing professors to provide leadership and set the research culture, improved outcomes from NHMRC and ARC funding rounds and a focus on publishing in quality journals and books. It was also noted that recruitment of high performing researchers was dependent on the University spending funds to provide the necessary research infrastructure.

In response to questions, Council was advised that Monash was moving towards 20% research time for academic staff, the young age profile of Monash academic staff was also a positive for future research activity and Monash was under-represented in Fellows of Learned Academics - particularly in the natural and physical sciences.

The Chancellor, on behalf of Council thanked Professor Cornish for her presentation.

RESOLUTION CL8/2008/222

Council received the 2008 Research Report and noted the advice of Professor Edwina Cornish, Deputy Vice-Chancellor (Research).

For action or noting by: Deputy Vice-Chancellor (Research), Director - Office of the Deputy Vice-Chancellor (Research).

5.4 HEEF/EIF: Monash Proposal - New Horizons Centre

Professor Larkins briefed Council on the HEEF/EIF tender process and the shortlisting of one Monash bid for $89.9m capital funding for the New Horizons initiative. Council was advised that the outcome was not yet known but if Monash was successful it would need to sign-off on the project before the first meeting next year.

Council discussed the projects impact on the capital budget for 2009 to 2011, contingency measures should the bid be successful but the funded amount was lower than requested, leveraging ratios and Council endorsement of the use of the Executive Committee of Council to approve the commitment subject to specified conditions detailed in the resolution below.

RESOLUTION CL8/2008/223

Council:

  • Approved in principal the $56.6m capital commitment required from Monash, should the HEEF/EIF bid be successful;
  • Should the funded amount be less than $89.9m, the Executive Committee of Council could consider acceptance of a lower funded amount provided the leveraging ratio was no less than 1:1.

For action or noting by: Vice-President (Administration) and Vice-President (Finance).

5.5 Annual Plan and Budget

Mr David Pitt, Vice-President (Finance) provided Council with an overview of the major features of the 2009 Budget including the Budget highlights, business drivers, revenue streams, faculty budgets and a summary of the University Financials 2008 to 2011.
Council was also advised that the cash position for 2009 remained tight however a number of contingency measures were discussed.

Mr Pitt also presented Council with a number of scenarios and the financial effect of implementing them should the University experience an adverse financial position.

During discussion Councillors were advised that performance targets for senior management were not included in the ‘duty statement' but did inform their performance evaluation and Council discussed the projected long term earning rate.

Detailed discussion of the Annual Plan was deferred to meeting 1 or 2 in 2009.

RESOLUTION CL8/2008/224

Council:

  • Approved the 2009 Budget and gave in principal approval for the 2009 Annual Plan subject to the Annual Plan being re-presented to Council at a meeting in early 2009;
  • Approved an application to the Government for Loan Council approval of $30 million in new borrowings in 2009, noting that (if required) a formal proposal to arrange the loan facility would be submitted at the appropriate time in 2009, with any drawdown subject to specific Council approval; and
  • Received a report on options and drivers for action to achieve and sustain a positive cash position going forward and Council will monitor the timetable of suggested actions.

For action or noting by: Deputy Vice-Chancellor (Education), Pro Vice-Chancellor (Planning and Quality), Vice-President (Finance) and Divisional Director - Financial Resources Management.

6 Resources and Finance Committee

6.1 Receipt of Report of Resources and Finance Committee

RESOLUTION CL8/2008/225

Council received the Report of meeting No. 6/08 of the Resources and Finance Committee held at 8.00 am on Thursday, 20 November 2008.

6.2 HEEF/EIF: Monash Proposal - New Horizons Centre

6.3 Letters of Support to Monash Companies

RESOLUTION CL8/2008/226

Council approved the Vice-Chancellor and the Vice President (Finance) jointly authorise the issuing of letters of support for 2009 on behalf of the University to:

  • Monash South Africa Ltd
  • Monash Property South Africa Pty Ltd, and
  • Monyx Pty Ltd (if required).

For action or noting by: Vice-President (Finance) and Divisional Director - Corporate Finance Division.

6.4 Open Universities Australia Pty Ltd: Change to For Profit Status

RESOLUTION CL8/2008/227

Council approved the change to ‘For Profit' Status of Open Universities Australia Pty Ltd and the proposed change to the Constitution, subject to approval by the University Solicitor's Office.

For action or noting by: University Solicitor and Divisional Director-Corporate Finance Division.

6.5 Executive Arrangements - University Vacation Period 2008-2009

RESOLUTION CL8/2008/228

Council approved the Executive Sub-Committee Membership and Terms of Reference as outlined in the paper.

For action or noting by: Secretary - Resources and Finance Committee

6.6 Proceedings of Resources and Finance Committee

RESOLUTION CL8/2008/229

Council noted the Proceedings of Meeting 6/2008 of the Resources and Finance Committee held on 20 November 2008.

7 Academic Board

7.1 Receipt of Report of Academic Board

RESOLUTION CL8/2008/230

Council received and noted the Report of Meeting 6 of 2008 of the Academic Board held on Wednesday 8 October 2008.

7.2 Composition of Academic Board

Professor Jayne Godfrey, Chair- Academic Board outlined the major changes to the membership of the Board noting that while the size of the membership of the Board had decreased it now included a cohort of Academic Heads, Ex Officio members and elected members.

The Vice-Chancellor congratulated Professor Godfrey on her leadership of the Board.

RESOLUTION CL8/2008/231

Council:

  • Received and noted the proposed composition of Academic Board.
  • Received and noted the transitional arrangements.

For action or noting by: President, Academic Board and Secretary, Academic Board.

7.3 2009 Annual Plan

RESOLUTION CL8/2008/232

Council noted that Academic Board endorsed the 2009 Annual Plan.

7.4 2009 Budget

RESOLUTION CL8/2008/233

Council noted that Academic Board endorsed the 2009 Budget.

7.5 CTI-Monash Centre for Optimisation in Travel, Transportation and Logistics

RESOLUTION CL8/2008/234

Council approved the establishment of the CTI-Monash Centre for Optimisation in Travel, Transportation and Logistics.

For action or noting by: University Solicitor, Dean - Faculty of Information Technology and Faculty Manager -Faculty of Information Technology.

7.6 Collaboration with Lulea University of Technology (Sweden)

RESOLUTION CL8/2008/235

Council approved the Monash University/Lulea University of Technology (Sweden) Collaboration Agreement.

For action or noting by: Dean Faculty of Engineering and University Solicitor.

7.7 Masters by Coursework

RESOLUTION CL8/2008/236

Council:

  • Approved the revised Master by Coursework qualifications category.
  • Approved the Disestablishment of the category of Professional Master by Coursework from the Schedule of Qualifications Categories.
  • Approved the revised Master (Honours) qualifications category.

For action or noting by: Deputy Vice-Chancellor (Education)

7.8 Exclusion for Health Reasons

RESOLUTION CL8/2008/237

Council made Statute 6.3 - Exclusion for Health Reasons (Substitution 2008).

For action or noting by: University Solicitor, Secretary-Exclusion for Health Reasons Committee and all Faculty Managers.

7.9 Exclusion for unsatisfactory progress or inability to progress

RESOLUTION CL8/2008/238

Council made:

  • Statute 6.2 - Exclusion for Unsatisfactory Progress or Inability to Progress (Amendment No 1 2008).
  • Exclusion for Unsatisfactory Progress or Inability to Progress Regulations (Amendment No 1 2008).

For action or noting by: University Solicitor, Secretary-Exclusion Appeals Committee and all Faculty Managers.

7.10 Discipline

RESOLUTION CL8/2008/239

Council made Statute 4.1 - Discipline (Amendment No 3 2008).

For action or noting by: University Solicitor, Secretary-Discipline Appeals Committee and all Faculty Managers.

7.11 Staff of Offshore Campuses

RESOLUTION CL8/2008/240

Council made:

  1. Statute 2.3 - The Faculties (Amendment No. 1 2008); and
  2. The Faculty Regulations (Amendment No. 3 2008).

    Secretarial Note: Academic Board also considered and endorsed a recommendation which would allow implementation of the above proposal at the end of 2008 (pending Ministerial approval of the amendment to Statute 2.3), that is, for Council to appoint the offshore academic staff as a class under section 1.3.3, and generically appoint the staff to the relevant department or school as applicable.

  3. Council resolved that pursuant to Statute 2.3 section 1.3.3, for the purposes of Statute 2.3 and the Faculties Regulations, each full time or part time member of the academic staff of each non- Australian campus of the university is hereby appointed by the Council:

(a) as a member of the appropriate faculty, or in the case of uncertainty or dispute, of the faculty designated by the Vice-Chancellor and President, or by his or her nominee;
(b) to the appropriate department or school, or in the case of uncertainty or dispute, the department or school designated by the dean of the faculty; and
(c) provided that nothing in this resolution has the effect of causing a member of the academic staff of a non-Australian campus of the university to be an employee of the university if they are not otherwise such an employee.

For action or noting by: University Solicitor, All Faculty Deans and Faculty Managers, Pro Vice-Chancellors Malaysia and South Africa and Divisional Director-Human Resources.

7.12 Associated Academic Appointments

RESOLUTION CL8/2008/241

Council noted the changes proposed to the University's associated academic structure.

For action or noting by: Deputy Vice-Chancellor (Education), Vice-President (Administration) and Divisional Director-Human Resources.

8 Report of the Equal Opportunity Committee

8.1 Receipt of Report

RESOLUTION CL8/2008/242

Council received and noted the Report of the Equal Opportunity Committee Meeting 04/08 held on Monday 10 November 2008.

8.2 Receipt of Proceedings

RESOLUTION CL8/2008/243
Council noted the proceedings of the Equal Opportunity Committee meeting

9 General Business

9.1 Declaration of Poll - election to Council of one academic staff
(other than the Professors)

Council congratulated, with acclamation, Dr Williams on her re-election to Council.

RESOLUTION CL8/2008/244
Council noted the re-election of Dr Carol Williams as the academic staff (other than the professors) member of Council to hold office from 1 January 2009 until 31 December 2010.

9.2 Advancement Portfolio Report

RESOLUTION CL8/2008/245

Council received the report titled Advancement Portfolio Report for University Council.
9.3 Senior Appointments

RESOLUTION CL8/2008/246

Council noted that:

  • the persons named in the document have accepted the indicated offers of appointment, approved by the Special Professorial Appointments Committee of Council.

9.4 Report of Professorial Promotions 2008

RESOLUTION CL8/2008/247

Council received the report.

For action or noting by: Divisional Director-Human Resources, Secretary-University Professorial Promotions Committee.

9.5 Monash University Engineering Faculty Foundation

RESOLUTION CL8/2008/248

Council made Engineering Faculty Foundation Regulations 2008 (Substitution).

For action or noting by: University Solicitor and Deputy Vice-Chancellor (International)

9.6 Prato Centre - Legal Representative

RESOLUTION CL8/2008/249

Council approved Dr Annamaria Pagliaro be empowered to delegate her powers as Monash University's legal representative in Italy to Professor Stephanie Fahey, Deputy Vice-Chancellor (International), effective immediately until formal transfer is arranged to the incoming Centre Director, as set out in the attached document headed "Variation to Appointment and Power of Attorney of the Legal Representative of Monash University in Prato", and further that the document shall be signed and executed under the Common Seal of Monash University.

For action or noting by: University Solicitor and Deputy Vice-Chancellor (International).

9.7 Use of University Seal

RESOLUTION CL8/2008/250

Council noted the report of the Vice-Chancellor dated 21 November 2008 on the affixing of the Common Seal to documents executed under Seal pursuant to Statute 8.1, Section 2.1.5.

For action or noting by: Secretary to Council.

9.8 Proposal to schedule student elections for council from Semester 2 to
Semester 1

RESOLUTION CL8/2008/251

Council:

  • noted the change in election times for elected student members of Council from semester 2 to semester 1.

For action or noting by: Secretary to Council.

9.9 Proposal to Introduce a Student Representative Training Program at Monash University

RESOLUTION CL8/2008/252

Council:

  • endorsed adopting a formal or informal mentoring program for the student representatives on Council.
  • noted the report from the undergraduate representative on improving the quality of student representation at Monash.

For action or noting by: Vice-President (Administration).

9.10 Conferring of Degree of Master of Letters by University Council

RESOLUTION CL8/2008/253

Council:

  • approved that the students named in the document be conferred with the Degree of Master of Letters (MLitt) (course code 3777).

For action or noting by: Manager - Graduations and Faculty Manager - Faculty of Law.

9.11 CRC Rail Constitution and Trust Deed

RESOLUTION CL8/2008/254

Council:

  • Approved the signing of an amended constitution for Rail CRC Ltd; and
  • Becoming a unit holder in the Unit Trust subject to approval of the final documentation by the University Solicitor's office.

For action or noting by: University Solicitor and Dr David Lyster.

9.12 Audit Committee

RESOLUTION CL8/2008/255

Council received and noted the report of the Audit Committee meeting held on 25 November 2008.

For action or noting by: Secretary - Audit Committee.

9.13 Proposal to amend Statute 2.2 - The Academic Board and Academic Board Regulations

RESOLUTION CL8/2008/256

Council made:

  • Statute 2.2 - The Academic Board (Amendment No. 1, 2008); and
  • Academic Board Regulations (Amendment No. 1, 2008).

For action or noting by: University Solicitor.

10 Next Meeting

The next meeting of Council is scheduled to be held following the Senior Management Summit beginning 9 February 2008 and Council will meet from 10-11 February 2009 at Creswick.

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.