Council Meeting 5-2002

Meeting 5/2002 of the Monash University Council was held between 5.00 and 8.15 pm on Monday, 2 September 2002, in the Sir George Lush Room, Administration Building 3a, Clayton Campus.

Mr J K Ellis, Chancellor, Presiding

Mr P H Ramler AM, Deputy Chancellor

Dr J M Hearn, Deputy Chancellor

Professor P LeP Darvall, Vice-Chancellor

Professor A W Lindsay, Chair of Academic Board

Ms A Crook AO, Deputy Vice-Chancellor (Resources)

Professor G Bouma, Acting Deputy Vice-Chancellor (Research and Development)

Professor S Parker, Dean, Faculty of Law

Professor G Webb, Director, Centre for Higher Education Quality

Mr P Marshall, Divisional Director, Student and Staff Services

Mr T Calder, Director, Secretariat and Executive Services

MINUTES

The Chancellor welcomed to the meeting Professor Gary Bouma, Acting Deputy Vice-Chancellor (Research and Development).

Agenda items were discussed in the following order: 1.1, 1.2, 1.3, 1.4, 2, 5, 3, 4, 6, 11, 10, 7.2 and 7.1.

An apology was received from Ms Eleina Tava.

No requests for special leave were received.

Items 1.1 Apologies, 1.2 Special Leave, 1.3 Starring of Items, 1.4 Approval of Non-Starred Items, 2 Confirmation of Minutes of Previous Meetings, 3 Vice-Chancellor’s Business, 4 Reflection on Governance, 5 University Self-Review: Progress Report, 6 Monash submission to the Higher Education Review, 7.1 Process for the Selection of a Vice-Chancellor, 7.2 Review of Selection Procedures for Senior Academic Staff, 8 Letter to Council from Ms Dale Halstead, 10 Deputy Vice-Chancellor (Research and Development) and 11 Report of the Resources and Finance Committee were starred and discussed at this meeting.

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’.

Authorised observers were admitted to the meeting following confidential items.

RESOLUTION CL5/2002/115

Council confirmed the Minutes of meeting 4/2002 held on 24 June 2002.

RESOLUTION CL5/2002/116

Confidential

The Vice-Chancellor advised Council that the progress and strategic direction of Monash was continuing as before with the "Report on Directions and Initiatives: Major Works in Progress by Vice-Chancellor’s Group" detailing specific initiatives and projects underway.

The Vice-Chancellor provided Council with an overview of recent events relating to Professor Alan Trounson and establishment of the National Centre for Advanced Cell Engineering.

RESOLUTION CL5/2002/117

Council received and noted the document Report on Directions and Initiatives: Major Works in Progress by Vice-Chancellor’s Group and noted the advice of the Vice-Chancellor.

The Chancellor noted that the majority of Monash’s commercial activities were managed via Monash Commercial Pty Ltd where external members of Boards could receive a remuneration package, and that, in his view, members of Monash Council should not be remunerated for their Council-related activities.

Several members, supporting the view of the Chancellor, raised the following issues:

• the Minister should be informed of the Monash position and the reasons for its view; and

• the increasing need for Council members to seek additional information to inform decision making and the increased focus on the responsibilities and accountabilities of Council members.

The Chancellor requested the Vice-Chancellor to prepare and circulate to Council members, a letter to Minister Kosky outlining Monash’s position on remuneration of Council members.

The Chancellor noted that this was an important matter and was related to issues raised in Ms Dale Halstead’s letter to Council (Secretarial note: agenda item 8 refers).

Council supported the Chancellor’s view that discussion of this topic be postponed and be addressed at a Special Meeting of Council, the date and time to be advised. A member suggested that governance structures and processes that Monash might require in future years also be discussed at the proposed meeting.

RESOLUTION CL5/2002/118

Council received the documents titled Review of University Governance, May 2002, Government Response to the Review of University Governance, August 2002 and Meeting the Challenges: The Governance and Management of Universities and discussed the key themes emerging from the documents.

RESOLUTION CL5/2002/119

Council approved a Special Meeting of Council be scheduled at a date to be advised to discuss the role and responsibilities of Council members.

(File RMO2002/0221)

The Vice-Chancellor introduced the item noting that Monash would not be audited by the Australian Universities Quality Agency (AUQA) until 2004 or later.

Commenting on Monash’s response to the issues identified in "Still Learning: The Report of our Self-Review", the Vice-Chancellor informed Council that a Quality Development Committee had been established to oversee the University’s quality assurance and improvement processes and responses to the recommendations contained in Still Learning. The Quality Development Committee, convened by Professor Graham Webb, Director, Centre for Higher Education Quality, would initially meet weekly.

The Vice-Chancellor invited Professor Stephen Parker, Chairman of the Self-Review Team, to speak to the report.

Professor Parker informed Council that the context for the review included the mid 1990’s annual reviews by the Committee for Quality Assurance in Higher Education where Monash was one of only three universities ranked in the top group for teaching, research and community service, the commitment to quality outcomes contained in the current version of Leading the Way: Monash 2020 and the need for Monash to be able to measure how it was progressing.

The process followed by the review team included visits by sub groups to all campuses where as many stakeholders as possible were interviewed, a web-based survey and special meetings with groups of academic and administrative staff. An external perspective was achieved through a three day visit by Professor Phil Mead, an internationally acknowledged expert in quality in higher education.

Major findings of the review included:

• a reasonably well-developed planning cycle that would benefit from greater integration of first and second tier planning documents;

• the need to implement a communication strategy to explain the need for self-reliance;

• noting the broad-based, multi-campus nature of Monash, a fully developed theoretical model for campus developments should be put in place;

• staff commitment to the global vision required a sound communication strategy;

• considerable progress had been made in implementing the defining themes of innovation, engagement and internationalisation; and

• the need to develop a Monash Student Experience Questionnaire and an employer survey.

Concluding his presentation, Professor Parker informed Council that overall, Monash had a reasonably clear sense of what had to be done to fulfil its mission statement.

Professor Graham Webb informed Council that the recommendations of the review team had been grouped into four sets of key issues, being:

• developing the Monash approach to quality;

• enhancing Monash’s capacity

• communicating at Monash; and

• governing Monash.

Council was advised that good progress had been made in addressing issues raised in the first two key areas, however, further work was needed in the areas of communication and governance.

During discussion, members noted the importance of a Monash Course Experience Questionnaire, the need to be able to substantiate claims relating to the attributes of Monash graduates, the importance of "meshing" internal and external communications, the teaching/research nexus and the need to recognise, as a priority, the professional and skill development of Heads of Schools/Departments.

The Chancellor thanked Professors Parker and Webb.

RESOLUTION CL5/2002/120

Council noted the distillation of information gathered from the self-review into ongoing tasks for University management.

(File RMO2002/0263)

Professor Alan Lindsay, Deputy Vice-Chancellor (Academic and Planning), introduced the item and informed Council that the submission was a high level document that would have support across the various constituencies of the University.

Outlining the process, Council was informed that the submission had been considered by Academic Board at its meeting held on 14 August 2002 and had been discussed with the Presidents of the student associations, the branch executive of the NTEU and the President of the Monash Postgraduate Association.

Further, Professor Lindsay noted that the document was an evolving work that should meet with the agreement of all constituencies prior to its submission.

During discussion, members made the following suggestions:

• that, subject to stakeholder approval, a section focussing on ‘quality’ be included;

• internationalisation – in response to a query re "coherent whole-of-government approach to policy", the Chancellor suggested that the section be made more explicit;

• diversity – in response to a query re ‘The current approach to competition….’, the Chancellor requested that this point be made more explicit.

Noting that Monash had input to the AVCC and G08 submissions, a member requested that copies of the submissions be provided to Council members.

RESOLUTION CL5/2002/121

Council endorsed the themes covered in the draft submission and authorised Professor Lindsay to finalise the submission in consultation with university stakeholder groups for lodgement by 13 September.

(File RMO2002/1146)

The Chancellor introduced the item noting that the sub-set of Council members, established at the Special Meeting of Council held on 18 July 2002 to develop draft Guidelines for the Selection of a Vice-Chancellor and President, Draft Declaration for Candidates and Draft Role Description, had completed their task and thanked Mr Glenn Barnes, Dr Brian Robinson, Professor Tam Sridhar and Mr Peter Marshall for their commitment and efforts.

Mr Barnes provided Council with an overview of the documents noting that they were draft documents that would be further developed given the comments of Council members and input from members of the Selection Committee.

During discussion, members offered a range of views and comments including:

• the need for wide representation of stakeholders on the Selection Committee counterbalanced by the view that a smaller Selection Committee, supported by a suite of expert panels, was more appropriate;

• the need to ensure that a candidate’s right to privacy and confidentiality was respected as far as practicable;

• that the tone of the documents be changed to reflect a more confident and progressive institution;

• that consultation should be undertaken across the Monash community;

• noting that the "Declaration for Candidates" was intended to overcome perceived weaknesses in the previous selection process, members were informed that the final document would be informed by legal opinion and advice from the selected search firm;

• a member suggested that the draft Role Description would be enhanced if the importance of the budget and risk management were given greater emphasis;

• during discussion on the number of expert panels, members were informed that the final number would be decided by the Selection Committee; and

• a member noted the importance of seeking the views of staff regarding the qualities of a new Vice-Chancellor. In response, Professor Darvall suggested that Deans and Divisional Directors canvass the opinions of staff.

At this point in the discussion, observers attending the meeting were requested to leave with the exception of Mr Peter Marshall, Secretary to the Vice-Chancellorship Selection Committee and Ms Meredith Jackson, Executive Director, Marketing and Public Affairs.

The Chancellor read out to the meeting, the proposed composition and membership of the Vice-Chancellorship Selection Committee:

The Chancellor (Chairman), Mr Jerry Ellis

Deputy Chancellor, Mr Paul Ramler

Deputy Chancellor, Dr June Hearn

Chairman, Resources and Finance Committee of Council, Mr Glenn Barnes

External Council Member, Dr Brian Robinson

Council Member elected by Professors of the University, Professor Tam Sridhar

A student representative – Ms Manisha Blencowe

Chairman of Academic Board, or a professorial nominee appointed by Steering Committee of Academic Board

Ms Dale Halstead

Co-opted members, Ms Dale Halstead, Professor Merran Evans and Mr John Levine

Secretary, Mr Peter Marshall

Discussion followed on whether the composition of the panel was appropriate and the best qualified to select the next Vice-Chancellor.

Commenting on the expert panels, the Chancellor informed Council that the Vice-Chancellorship Selection Committee would convene as soon as practicable to finalise the number of expert panels and terms of reference for each panel, that each panel would be chaired by a member of the Vice-Chancellorship Selection Committee and that all Council members would be requested to serve on one of the panels. Noting that a non-professorial member of staff was not on the Vice-Chancellorship Selection Committee, the Chancellor confirmed that they would be represented on the panels.

Concluding discussion, the Chancellor informed Council that four expressions of interest from search firms had been received and evaluated and, following further evaluation, the Chancellor recommended that Heidrick and Struggles be appointed as the preferred search firm and that they be instructed to commence the necessary research.

Council supported the Chancellor’s proposal.

RESOLUTION CL5/2002/122

Council approved the composition and membership of the Vice-Chancellorship Selection Committee as follows:

The Chancellor (Chairman), Mr Jerry Ellis

Deputy Chancellor, Mr Paul Ramler

Deputy Chancellor, Dr June Hearn

Chairman, Resources and Finance Committee of Council, Mr Glenn Barnes

External Council Member, Dr Brian Robinson

Council Member elected by Professors of the University, Professor Tam Sridhar

A student representative – Ms Manisha Blencowe

Chairman of Academic Board, or a professorial nominee appointed by Steering Committee of Academic Board

Ms Dale Halstead

Co-opted members, Ms Dale Halstead, Professor Merran Evans and Mr John Levine

Secretary, Mr Peter Marshall

RESOLUTION CL5/2002/123

Council approved the selection process as detailed in the document presented and approved the appointment of Heidrick and Struggles as the preferred search firm to assist in the appointment of a new Vice-Chancellor.

(File RMOR1999/064)

The Vice-Chancellor introduced the item noting the importance of the Chairperson of Selection Committees defining the responsibilities of selection committee members, the need to clearly define the responsibilities of search firms, that all candidates must be required to submit full CVs and that employment of candidates should not be put at risk by resorting to "360º" reference checks during the early phases of the selection process.

In conclusion, the Vice-Chancellor noted that while there had been very few instances of inappropriate senior appointments, the "Matheson Principle" should be adopted i.e. "a good vacancy is better than a bad appointment."

During discussion, a member stated that, at times, she had experienced pressure to make an appointment when a more appropriate approach would have been to defer a decision and/or not make an appointment. A member also observed that, given her considerable experience on selection panels, some senior faculty staff lacked an adequate understanding of selection procedures.

In response, it was suggested that Deans and Heads of Departments/Schools be briefed on the need to be stronger at the short listing stage and that Council members should assert their right not to be rushed into making a decision that they considered was not in the best interests of Monash.

Following a discussion on the appointment procedures for Pro Vice-Chancellors, the Chancellor noted that all positions reporting directly to the Vice-Chancellor should be approved by Council on the recommendation of the Vice-Chancellor.

RESOLUTION CL5/2002/124

Council endorsed the principles detailed in the document presented, and requested the Chancellor/Vice-Chancellor (as appropriate) to integrate them in University appointment procedures and processes.

RESOLUTION CL5/2002/125

Council endorsed the process whereby all positions reporting directly to the Vice-Chancellor be approved by Council on the recommendation of the Vice-Chancellor.

(File RMO1997/0596)

(Secretarial note: minute 4 refers)

RESOLUTION CL5/2002/126

Council received and noted the contents of the attached letter.

The Executive Committee of Council, acting under its delegation from Council, met on 7 May 2002 and approved an offer of appointment as a Director in Accounting, Monash South Africa, and an associated appointment as a Professor, in the Department of Accounting and Finance, Faculty of Business and Economics and approved an offer of appointment to a Chair of Applied Sciences, Monash Gippsland as detailed in the document circulated to members of the Executive Committee.

(Files RMOR2001/050, RMO1998/0594)

The Executive Committee of Council, acting under its delegation from Council, met on 8 July 2002 and approved an offer of appointment to a Chair of Linguistics, School of Languages, Cultures and Linguistics, Faculty of Arts as detailed in the document circulated to members of the Executive Committee.

(File RMO1997/0553)

The Executive Committee of Council, acting under its delegation from Council, met on 15 July 2002 and authorised the Chancellor to:

• negotiate and accept, in accordance with both his current contract of employment and with senior counsel’s legal advice, the terms and conditions on which Professor David Robinson, Vice-Chancellor and President, will leave from Monash University; OR failing such agreement

• take all necessary action to terminate the appointment of Professor David Robinson, Vice-Chancellor and President, in accordance with both his contract of employment and with senior counsel’s legal advice.

(File RMOR2002/072)

The Executive Committee of Council, acting under its delegation from Council, met on 23 July 2002 and approved an offer of appointment to a Chair of Electrical and Computer Systems Engineering, School of Engineering and Science, Monash University Malaysia and the nomination of a Council member as Council’s nominee to the selection committee for appointment of the Dean, Faculty of Engineering as detailed in the document circulated to members of the Executive Committee.

(Files RMO1998/2135, RMO1998/3122)

The Executive Committee of Council, acting under its delegation from Council, met on 26 July 2002 and approved an offer of appointment to a Chair of Linguistics, School of Languages, Cultures and Linguistics, Faculty of Arts as detailed in the document circulated to members of the Executive Committee.

(File RMO1997/0553)

The Executive Committee of Council, acting under its delegation from Council, met on 30 July 2002 and approved the advertising and filling of the position of Deputy Vice-Chancellor and Vice-President (Research and Development) and an offer of appointment as Acting Deputy Vice-Chancellor and Vice-President (Research and Development), from a date as soon as possible and until the commencement of a longer-term appointment to the position as detailed in the document circulated to members of the Executive Committee.

(File RMO1997/0596)

The Executive Committee of Council, acting under its delegation from Council, met on 13 August 2002 and approved the following recommendation:

• That Executive Committee of Council authorise the Chancellor to approve the terms of the appointment of Professor Peter LePoer Darvall to the position of Vice-Chancellor and President in consultation with Professor Peter LePoer Darvall.

The Executive Committee of Council, acting under its delegation from Council, met on 13 August 2002 and disapproved the following recommendation:

• That Executive Committee of Council approve the rescinding of its decision of 30 July 2002 approving the advertising and filling of the position of Deputy Vice-Chancellor and Vice-President (Research and Development).

(File Personnel)

RESOLUTION CL5/2002/127

Council noted the approvals and disapproval granted by the Executive Committee of Council at its meetings held 7 May, 8, 15, 23, 26, and 30 July and 13 August 2002.

Council members expressed a variety of views on the issue of whether a Deputy Vice-Chancellor (Research and Development) should be appointed immediately or held over until the views of the new longer term Vice-Chancellor were known.

Views for an immediate appointment included:

• not to advertise and fill the position may undermine Professor Darvall’s position as Vice-Chancellor;

• quality potential applicants may be lost to Monash if the appointment was delayed;

• the selection process for a longer term Vice-Chancellor may take as long as twelve months which may have an adverse affect on Monash’s research activities; and

• there is no tradition at Monash of delaying a senior appointment in order to seek the views of an incoming Vice-Chancellor.

Views in favour of delaying the appointment included:

• Professor Gary Bouma had been appointed as Acting Deputy Vice-Chancellor (Research and Development) and was committed to fulfilling all the requirements of the position;

• as part of the senior management structure, the views of a new Vice-Chancellor should be sought and taken into consideration where practicable; and

• if the appointment process for a longer term Vice-Chancellor was short, then, given the excellent stewardship of Professor Bouma, research activity should not be adversely affected.

Noting that members held a variety of views on the issue, the Chancellor proposed the following:

• that no action be taken to advertise and fill the position of Deputy Vice-Chancellor (Research and Development);

• that the matter be reconsidered when the timeline for the appointment process of a longer term Vice-Chancellor was known; and

• that the matter would be reconsidered at the next meeting of Council.

Council agreed to the Chancellor’s proposal and noted the importance of communicating progress on this matter to the Monash community.

RESOLUTION CL5/2002/128

Council approved the proposal that the position of Deputy Vice-Chancellor (Research and Development) not be filled and the matter be reconsidered at the next meeting of Council.

(File RMO1997/0596)

During a general discussion of the construction projects contained in the report and the proposal to enter into a Guaranteed Maximum Price contract for the Caulfield Campus project, a member queried whether the project budget had been reviewed recently to take into account the deteriorating industrial relations climate in Victoria and deteriorating commercial property market.

Council was advised that these matters would be reviewed.

RESOLUTION CL5/2002/129

Council:

• endorsed Resources and Finance Committee’s decision to allow the University to participate in and contribute to the National Centre for Advanced Cell Engineering Ltd; and

• noted Resources and Finance Committee’s recommendation to engage external legal assistance to review the agreement for IP and related issues.

(File RMO2002/1176)

RESOLUTION CL5/2002/130

Council endorsed Resources and Finance Committee’s recommendation to allow the following work to commence pending the financial evaluation:

• request the Minister for Education and Training to proceed with the compulsory acquisition process for 884 Dandenong Road, as previously agreed at, Resources and Finance Committee 2/2001, 23 April 2001, and Council meeting 3/2001, 7 May 2001; and

• commence negotiations of a Guaranteed Maximum Price contract between the University and Equiset, with conditions requiring the tendering of all trade packages, an open book tender process, exclusion of the Grollo Group from all trade package tenders, and sharing of savings with Monash University.

(File RMO1999/2041)

RESOLUTION CL5/2002/131

Council endorsed Resources and Finance Committee’s approval of:

• the development of the new building at Berwick of 3,000 square metres at a maximum cost of $10 million; and

• the commissioning of schematic designs, and calling of expressions of interest to either build the specified facility, or to build, own, lease back and transfer the specified facility.

(File RMO1998/0609)

RESOLUTION CL5/2002/132

Council endorsed Resources and Finance Committee’s recommendation that:

• the proposed Monash Health Research Precinct new building be developed;

• the Precinct Committee’s approach to plan and build four levels of a new building including a connection to the IRD building at Level 3 – 5,300 square metres gross fitted out 3,600 square metres with approximately 1,700 square metres in shell at a cost of $14.66 million be supported, subject to the additional funds of $2.66 million being secured by February 2003; and

• relevant legal agreements will be subject to clearance by the University Solicitor’s Office.

(File RMO1999/1683)

RESOLUTION CL5/2002/133

Council endorsed Resources and Finance Committee's co-option of Dr Brian Robinson to Resources and Finance Committee.

(File Personnel)

RESOLUTION CL5/2002/134

Council:

• approved the establishment of an Investment Trust to be named The Monash Investment Trust and authorised the affixing of the seal of the University to the Trust Deed;

• reaffirmed its decision at meeting 8/2001 that Monash Commercial Pty Ltd manage the business of the Trust, and that the investment would be held by a single purpose corporate trustee, Monash Investment Holdings Pty Ltd (ACN 099 844 818); and

• approved the transfer of $10,000.00 to the Corporate Trustee as initial capital and over time those passive investment holdings of the University or its controlled entities that are deemed appropriate by the trustee.

(File RMOR2000/106)

RESOLUTION CL5/2002/135

Council approved the proposal to establish and fill a Chair of Public Transport in the Faculty of Engineering.

(File RMO1998/2135)

RESOLUTION CL5/2002/136

Council noted that the following had accepted the offers of appointment indicated below and wished to pass on their thanks to Council:

Professor Gary Bouma – Acting Deputy Vice-Chancellor and Vice-President (Research and Development).

Professor John Anderson – Pro Vice-Chancellor, Monash South Africa.

Professor Homer Le Grand – Dean, Faculty of Arts.

Professor Sam Adeloju – Chair of Applied Sciences, Monash Gippsland.

Associate Professor Kate Burridge – Chair of Linguistics, Faculty of Arts.

Professor David Green – Professor of Information Technology Research, Faculty of Information Technology.

Dr David Jesson – Chair of Materials Science, Faculty of Engineering and Faculty of Science.

RESOLUTION CL5/2002/137

Council noted that the following had accepted the indicated offers of appointment approved by the Special Professorial Appointments Committee of Council:

Dr Michael Berndt – Professorial Fellow, Department of Biochemistry and Molecular Biology, Faculty of Medicine, Nursing and Health Sciences.

Professor Eric Gowans – Honorary Professor, Department of Microbiology, Faculty of Medicine, Nursing and Health Sciences.

Professor Gopal Gupta – Professor of Computer Science, Faculty of Information Technology.

Associate Professor Kim Marriott – Personal Chair in the Department of Computer Science and Software Engineering, Faculty of Information Technology.

Professor Keith Oldham – School of Chemistry, Faculty of Science.

Professor Karin Ruhlandt-Senge – School of Chemistry, Faculty of Science.

Dr Ian Pettigrew – Associate Professor, Monash Mildura Clinical School, School of Rural Health, and the Department of Obstetrics and Gynaecology, Faculty of Medicine, Nursing and Health Sciences.

Professor Alan Seale – Adjunct Professor in the Department of Chemical Engineering, Faculty of Engineering.

Dr Robert Vertessy – Honorary Professorial Fellow, Department of Civil Engineering, Faculty of Engineering.

RESOLUTION CL5/2002/138

Council approved an offer of appointment as professor and Pro Vice-Chancellor, Monash University Malaysia, for the period from 1 January 2003 to 31 August 2003 be made to Professor Bob Bignall.

(File RMO1999/0881)

RESOLUTION CL5/2002/139

Council approved the establishment of the selection committee for an appointment to a Chair of Public Transport, Department of Civil Engineering, Faculty of Engineering, as detailed in the document presented.

(File RMO1998/2135)

RESOLUTION CL5/2002/140

Council approved the nomination of Council members as Council’s nominees to the selection committees as detailed in the document presented.

The next meeting of Council is scheduled to be held at 9.00 am on Tuesday, 15 October 2002 at Monash University South Africa Campus.