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Council Meeting 8-2004

Meeting 8/2004 of the Monash University Council will be held at 4.30 pm on Monday, 13 December 2004 in Tutorial Room B2.24 at Caulfield Campus.

TC:mg
01/12/2004

Tony Calder
Secretary

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.

Council members are invited to note that the following additional papers and new items are enclosed.

4.1 Vice-Chancellor’s Report Council

4.6 Parkville – New Building Development

4.9 Report on Visual and Performing Arts at Monash University

4.11 Faculty of Information Technology Review

4.12 Monash Postgraduate Associaion and service delivery at Caulfield Campus

Report of Executive Committee of Resources and Finance Committee

13.6 Professors Statutes (Amendment and Repeal) 2004

13.7 Conferral of Degree of Bachelor of Laws (Honours)

PART A

1. PROCEDURAL MATTERS

1.1 Apologies

Apologies have been received from Ms Louise Adler, Ms Penny Hutchinson and Professor Chris Browne.

1.2 Special Leave

A request for special leave for Mr Glenn Barnes for this meeting was approved by Council.

1.3 Starring of Items

Items 1.1 Apologies, 1.2 Special Leave, 1.3 Starring of Items, 1.4 Approval of Non-Starred Items, 1.5.2 Consolidated Risk Profile, 1.5.3 Senior Management Staffing Arrangements, 2 Confirmation of Minutes of Previous Meeting, 3 Chancellor’s Business, 4 Vice-Chancellor’s Business and 7 Report of the Audit Committee have already been "starred" for discussion.

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.

1.5 Confidential Items

1.5.1 Use of the University Seal Item1pp1-4

RECOMMENDATION

That Council note the report of the Vice-Chancellor dated 1 December 2004 on the affixing of the Common Seal to documents executed under Seal pursuant to Statute 8.1, Section 2.1.5.

1.5.2 Consolidated Risk Management Profile (item 7.3 refers) Item1pp5-26

The Vice-Chancellor will introduce the item.

RECOMMENDATION

That Council receive the report titled Consolidated Risk Management Profile – October 2004 and note the advice of the Vice-Chancellor.

1.5.3 Senior Management Staffing Arrangements Item1pp27-30

The Vice-Chancellor will speak to this item.

RECOMMENDATION

That Council

note my intention to commence appointment action early in 2005 to appoint a Chief Financial Officer (and/or Vice-President, Finance)

authorise the Vice-Chancellor to make an offer of appointment as Vice-President, Administration to the person named in the document commencing 1 August 2005 until 31 December 2010.

1.6 Admission of Observers

Authorised observers will be admitted to the meeting following confidential items.

2. Confirmation of Minutes of Previous Meeting

2.1 Minutes of meeting No 7/2004

The Minutes of meeting No 7/2004 held on 1 November 2004 have been circulated.

RECOMMENDATION

That Council confirm the Minutes of meeting No. 7/2004 held on Monday, 1 November 2004.

PART B STARRED ITEMS

3. Chancellor’s Business

3.1 Chancellor’s Report to Council

RECOMMENDATION

That Council receive the oral report of the Chancellor.

4. Vice-Chancellor’s Business

4.1 Vice-Chancellor’s Report to Council Item4pp131-134

RECOMMENDATION

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

4.2 Budget 2005 (item 8.3 refers) Item4pp1-72

The Vice-Chancellor will introduce the item and invite Ms Alison Crook AO, Deputy Vice-Chancellor (Resources) to speak. Mr John Levine, Divisional Director, Financial Resources Management and Mr Reynold Dias, Deputy Director, Financial Resources Management will be in attendance.

RECOMMENDATION

That, subject to finalisation of the capital works budget, Council adopt the Monash University Budget 2005.

4.3 Annual Plan (2005) Item4pp73-88

The Vice-Chancellor will introduce the item and invite Professor Sephen Parker, Senior Deputy Vice-Chancellor to speak.

RECOMMENDATION

That Council receive and approve the Annual Plan 2005.

4.4 Caulfield Stage 2 (item 8.8 refers) Members Only

Item4pp89-98

The Vice-Chancellor will introduce the item and invite Ms Alison Crook, Deputy Vice-Chancellor (Resources) to speak.

RECOMMENDATION

That Council note that the Committee:

was informed on progress on the Caulfield Stage 2 project;

approved proceeding with negotiations with the company named in the document with a view to either a sale of land or a joint venture agreement, subject to all key project risks having been quantified and consultation with relevant stakeholders; and

agreed that the result of the negotiations with the company named in the document will be brought to the Committee and Council for approval in early 2005.

4.5 STRIP Development Buildings 2 and 3 (item 8.6 refers) Members Only

Item4pp99-114

The Vice-Chancellor will introduce the item and invite Ms Alison Crook, Deputy Vice-Chancellor (Resources) to speak.

RECOMMENDATION

That Council:

approve continued investigation, in parallel, into the feasibility of a property trust, a bond issue, and conventional borrowings from a range of financial institutions;

approve continued negotiations with the financial institution named in the document in regard to the feasibility of a multi-asset property trust; and

approve continuation of design work.

4.6 Parkville – New Building Development (item 8.5 and 9 refers) Members Only

Item4pp135-148

The Vice-Chancellor will introduce the item and invite Ms Alison Crook, Deputy Vice-Chancellor (Resources) to speak.

RECOMMENDATION

That Council:

1. Approve the proposal to proceed with the signing of a Heads of Agreement to accept the Integrated Education Group’s offer on terms no less favourable than currently negotiated

2. Note that the proposal is subject to the Minister of Education and Training approving the sale of both plots of land and the Manning building as detailed in the documentation presented.

4.7 MHRP (Monash Health Research Precinct, Monash Medical Centre) Stage 2 (Item 8.9 and 9 refers)

Council members are invited to note that the Executive Committee of Resources and Finance Committee considered this item at its meeting held on 8th December 2004. The Executive Committee noted that following discussions between the Vice-Chancellor and Dean of the Faculty of Medicine, Nursing and Health Sciences it was agreed that further consideration of this matter will be held over pending further deliberations on the STRIP – Stages 2 and 3 in early 2005.

RECOMMENDATION

That Council note that further consideration of the Monash Health Research Precinct – Stage2 development will occur in early 2005 subject to further deliberations on the development of the STRIP – Stages 2 and 3.

4.8 Report on Admissions Profile Item4pp115-120

The Vice-Chancellor will introduce the item.

RECOMMENDATION

That Council receive the report and note the advice of the Vice-Chancellor.

4.9 Report on Visual and Performing Arts at Monash University Item4pp149-154

The Vice-Chancellor will introduce this item.

RECOMMENDATION

That Council receive and note the report titled "Visual and Performing Arts at Monash University".

4.10 Monash North America 2010: A Strategic Directions Statement Item4pp121-130

The Vice-Chancellor will introduce the item and invite Professor Stephen Parker, Senior Deputy Vice-Chancellor to speak. Professor Homer Le Grand, Dean, Faculty of Arts, will be in attendance.

RECOMMENDATION

That Council receive the report and note the advice of Professor Stephen Parker, Senior Deputy Vice-Chancellor and Professor Homer Le Grand, Dean, Faculty of Arts.

4.11 Faculty of Information Technology Review Item4pp155-158

The Vice-Chancellor will introduce this item.

RECOMMENDATION

That Council receive and note the advice of Professor Larkins on the Faculty of Information Technology Review.

4.12 Monash Postgraduate Association and service delivery at Caulfield Campus Item4pp159-164

The Vice-Chancellor will introduce this item.

RECOMMENDATION

That Council:

Receive the report and note the work undertaken by the working party

Endorse the proposal to progressively increase funding to the Monash Postgraduate Association from Caulfield campus amenities fees funds each year as detailed in paragraph 5 of the attached paper

Note that the transfers as detailed are subject to the conditions detailed in paragraphs 7 to 10 of the attached paper

Note that the transfers as detailed are also subject to the conditions proposed by the Vice-Chancellor’s Group as detailed in paragraphs 13 to 16 of the attached paper.

PART C ITEMS FOR APPROVAL OR INFORMATION

5 Matters Arising from the Minutes (not dealt with elsewhere in the agenda)

5.1 Annual Reporting to Council – 2005 Item5pp1-4

RECOMMENDATION

That Council approve the proposed schedule for Annual Reporting to Council – 2005.

6. Report of the Executive Committee of Council

6.1 Filling of Governor-in-Council vacancy on Monash University Council

The Executive Committee of Council, acting under its delegation from Council, met on 16 November 2004 and approved a ranked short list as detailed in the document forwarded to the members of the Executive Committee to fill the Governor-in-Council vacancy created by the retirement of Ms Wendy Peter and authorised the Secretary to Council to submit the required documentation to the Office of the Minister for Education and Training for the filling of the Governor-in-Council vacancy for a term commencing 1 January 2005 and ending 31 December 2007.

RECOMMENDATION

That Council note the approval granted by the Executive Committee of Council at its meeting held on 16 November 2004.

7 Report of the Audit Committee Members Only

Item7pp1-38

7.1 Receipt of Minutes Item7pp5-12

RECOMMENDATION

That Council note the unconfirmed Minutes of the Audit Committee.

7.2 Audit and Risk Management Office Charter Item7pp13-16

RECOMMENDATION

That Council approve the revised Audit and Risk Management Office Charter.

7.3 Consolidated Risk Profile

Discussion of the item and recommendation will occur at item 1.5.2 of the agenda.

7.4 Revised Legal Compliance Policy Item7pp17-24

RECOMMENDATION

That Council approve the revised Legal Compliance Policy.

7.5 Compliance Reporting – September Quarter 2004 Item7pp25-34

RECOMMENDATION

That Council note the consolidated report on the legal compliance process for the September quarter 2004.

7.6 Operational Plan – Audit and risk Management Office Item7pp35-38

RECOMMENDATION

That Council note the proposed Operational Plan for the Audit and Risk Management Office for 2005.

7.7 DEST Accounting Treatment for noting by Audit Committee

RECOMMENDATION

Council is advised that the Audit Committee has noted the proposed accounting treatment of the first 2005 DEST payment and the likely audit consequences of that treatment.

8. Report of the Resources and Finance Committee Members Only
Item8pp1-120

8.1 Receipt of Report

RECOMMENDATION

That Council receive and note the Report of meeting 6/2004 of Resources and Finance Committee held on 24 November 2004.

8.2 Funding of Monash Commercial Pty Ltd Item8pp17-30

RECOMMENDATION

That Council approve the Committee’s recommendation that:

from 2006 onwards Monash Commercial prepares its budgets on the basis of charging the university for services to be provided in managing the patent portfolio, obtaining and managing funds from government sources, establishing and managing industry research contract and corporate governance. It is noted that these charges will be netted off against overall revenues in the Monash Commercial Group; and

for 2004 and 2005, since such an approach has not been adopted, that the University continues to provide funding for Monash Commercial on a 50:50 debt equity basis, converting the existing loan of $2.5 million to equity and establishing a new loan facility for up to $2.5 million.

8.3 2005 Budget

Discussion of the item including adopting the Budget will occur at agenda item 4.2.

8.4 Funding of Major Capital Developments Item8pp31-46

RECOMMENDATION

That Council note:

the impact of the desired capital works program on the university’s financial position; and

the need to pursue alternative approaches to funding capital developments where these can be demonstrated to be cost-beneficial in achieving the University’s vision.

8.5 Parkville Development

RECOMMENDATION

That Council note the action detailed in the document and that a separate Executive Committee report is also included in the Council Agenda.

8.6 STRIP – Stages 2 and 3

Discussion of the item including the recommendation will occur at agenda item 4.5.

8.7 Caulfield Development – Stage 1: Securitisation Item8pp47-52

RECOMMENDATION

That Council note that the Committee:

was informed that the proposed securitisation of Caulfield Stage 1 does not provide an attractive funding alternative compared with University borrowings; and

approved the discontinuance of negotiations with the parties who submitted securitisation proposals for Caulfield Stage 1.

8.8 Caulfield Development – Stage 2

Discussion of the item including the recommendation will occur at agenda item 4.4.

8.9 Monash Health Research Precinct – Stage 2: Proposal (item 4.7 refers)

RECOMMENDATION

That Council note the details in the document and that a separate Executive Committee report is also included in the Council Agenda.

8.10 Capital Works Budget Item8pp53-62

RECOMMENDATION

That Council note the Committee:

was informed on the development of the Capital Planning Framework;

received the capital works plan; and

was informed that it will be reviewed if necessary in the light of decisions taken relating to earlier agenda items.

8.11 Proposed 2006 Course Fees for Domestic and International Students Item8pp63-86

RECOMMENDATION

That Council:

note the issues arising from the fee review process;

approve the ranges of proposed course fees set out in the schedules; and

authorise the Vice-Chancellor to approve the detailed list of fees consistent with these ranges as well as any adjustments to existing fees, plus or minus 10%.

8.12 2004 Financial Statements: Inclusion of DEST Grant for 2004 taken to Income in 2003 Item8pp87-88

RECOMMENDATION

That Council:

endorse the Committee’s recommendation that Audit Committee note the proposed accounting treatment and the potential audit consequences;

approve this accounting treatment, which will reflect the 2004 DEST grant paid in advance in December 2003 as revenue in 2004; and

note that this treatment may attract an audit qualification.

8.13 South Africa: Financial Restructure Item8pp89-96

RECOMMENDATION

That Council approve:

the proposed financial restructure as described and summarised, should it prove necessary, and

Monash University Australia purchasing the loan and equity held by Monash University Foundation in MSA at book value as detailed in the document presented.

8.14 2005 Amenities Fees Item8pp97-98

RECOMMENDATION

That Council approve:

the increases in amenities fees (and associated budgets) for 2005 from Campus Service Councils (except Clayton); and

a 3% increase to Clayton campus amenities fees, with the funds raised being allocated to a "Campus Service Council occupancy budget", to be used for the purposes identified in the paper.

8.15 Receipt of Proceedings Item8pp99-120

RECOMMENDATION

That Council note the proceedings of meeting 6/2004 of Resources and Finance Committee held on 24 November 2004.

9. Report of Executive Committee of Resources and Finance Committee Item9pp1-

Council members are invited to note that agenda item 8.5 - Parkville Development and item 8.9 - Monash Health Research Precinct - Stage 2: Proposal were refered by Resources and Finance Committee to the Executive Committee of Resources and Finance Committee for further consideration.

The Executive Committee of Resources and Finance Committee met on 8th December and a report is attached.

RECOMMENDATION

That Council receive and note report of the Executive Committee of the Resources and Finance Committee.

10. Report of the Academic Board Item10pp1-38

10.1 Receipt of Report

RECOMMENDATION

That Council receive and note the report of meeting 6/2004 of the Academic Board held on Wednesday, 24 November 2004.

10.2 Legislation

10.2.1 Amendment to Statute 4.1 – Discipline (Amendment No 1 2004) Item10pp7-27

RECOMMENDATION

That Council make Statute 4.1 Discipline (Amendment No. 1, 2004).

10.3 Monash University Annual Plan 2005

(Discussion of the item including the proposal to approve the Annual Plan 2005 will occur at agenda item 4.3)

10.4 Changes to Academic Structure

RECOMMENDATION

That Council note that the Academic Board approved the following matters in relation to the university’s Academic Structure:

a proposal from the Board of the Faculty of Arts to change the name of the ‘School of Literary, Visual and Performance Studies’ to become the ‘School of English, Communications and Performance Studies’;

a proposal from the Board of the Faculty of Arts to relocate Communications and Media Studies from the School of Political and Social Inquiry to the renamed School of English, Communications and Performance Studies;

a proposal from the Board of the Faculty of Medicine, Nursing and Health Sciences to change the name of the ‘School of Nursing’ to become the ‘School of Nursing and Midwifery’ from 2005.

10.5 University Librarian’s Report – ‘Transforming scholarly communication: a Monash University perspective’ Item10pp29-38

RECOMMENDATION

That Council note the following recommendations were endorsed by the Academic Board:

That the university, through the Vice Chancellor’s Group, the Committee of Associate Deans research (CADRES), faculties, Academic Board and other forums endorsed the establishment of an institutional repository and encourage engagement with it.

That faculties follow the example of the Faculty of Business and Economics and commit to a memorandum of understanding with the library to actively support the library’s efforts to publicise the repository and obtain material for it.

That the mandating of lodgement of a digital version of higher degree theses be supported, in principle, subject to consideration by faculties and the Research Graduate School.

That incentives for engagement with the repository be explored, for example, that academics seeking promotion be encouraged to lodge their papers in the repository (subject to permission by the publisher).

That the library continue to seek the research papers of individual scholars for inclusion in the repository.

10.6 Academic Board Meeting Schedule 2005

RECOMMENDATION

Council is invited to note the following schedule for meetings of the Board in 2005:

Meeting 1/2005 23 February

Meeting 2/2005 23 March

Meeting 3/2005 25 May

Meeting 4/2005 6 July

Meeting 5/2005 17 August

Meeting 6/2005 5 October

Meeting 7/2005 23 November

10.7 Receipt of Proceedings

RECOMMENDATION

That Council note the proceedings of the Academic Board meeting held on 24 November 2004.

11 Report of the Gippsland Advisory Council Item11pp1-4

11.1 Receipt of Report

RECOMMENDATION

That Council receive and note the report of the Gippsland Advisory Council meeting 6/2004 held on 12 October 2004.

11.2 Receipt of Proceedings

RECOMMENDATION

That Council note the proceedings of the Equal Opportunity Committee meeting 6/2004 held on 12 October 2004.

12. Report of Equal Opportunity Committee Item12pp1-14

12.1 Receipt of Report

RECOMMENDATION

That Council receive and note the report of the Equal Opportunity Committee meeting 4/2004 held on 15 November 2004.

12.2 Receipt of Proceedings

RECOMMENDATION

That Council note the proceedings of the Equal Opportunity Committee meeting 4/2004 held on 15 November 2004.

13. General Business

13.1 Senior Appointments Members Only

Item13pp1-4

13.1.1 Acceptance of Offers

RECOMMENDATION

That Council note that the following has accepted the offer of appointment indicated below and wishes to record his thanks to Council:

Professor Harald Schmidt – Chair of Pharmacology and Head, Department of Pharmacology, Faculty of Medicine, Nursing and Health Sciences.

RECOMMENDATION

That Council note that the following have accepted the indicated offers of appointment approved by the Special Professorial Appointments Committee of Council:

Professor Andrew Benjamin – Adjunct Professor in the School of Languages, Cultures and Linguistics, Faculty of Arts.

Professor Paul Cally – Chair of Solar Physics, School of Mathematical Sciences, Faculty of Science.

Associate Professor Francis In – Professor in the Department of Accounting and Finance, Faculty of Business and Economics.

Professor Datuk Dr Khalid bin Abdul Kadir – Professor of Medicine, in the School of Medicine and Health Sciences, Monash University Malaysia.

RECOMMENDATION

That Council note that the following have accepted the indicated offers of appointment approved by the Vice-Chancellor and President:

Professor Robert Brooks – Chair of Econometrics and Business Statistics, Faculty of Business and Economics.

Professor Richard Mitchell – fixed-term appointment as a Professor in the Department of Business Law and Taxation, Faculty of Business and Economics.

Professor Frank Rosenfeldt – fixed-term appointment as a Professor in the Department of Surgery, Central and Eastern Clinical School, Faculty of Medicine, Nursing and Health Sciences.

13.1.1 Pro Vice-Chancellor, Monash Gippsland – Appointment

RECOMMENDATION

That Council approve an offer of appointment as Pro Vice-Chancellor, Monash Gippsland, for the period commencing on 21 August 2005 and expiring on 20 August 2008, be made to the person named in the document presented.

13.2 Amendments to the Constitution and Membership of Executive Committee of Council Item13pp5-8

RECOMMENDATIONS

That Council appoint Ms Lesley Boston and Professor Warwick Anderson to membership of Executive Committee of Council and Ms Penny Hutchinson as alternate to Ms Lesley Boston to hold office from 1 January 2005.

That Council approve the following amendments to Clauses 1.3 and 7 of the Constitution of the Executive Committee of Council:

"1.3 the Vice-Chancellor as a principal member and, as an alternate the Senior Deputy Vice-Chancellor if there is one holding office or a Deputy Vice-Chancellor;"

"7 Any motion not put before a meeting of the Committee but instead approved and signed in writing by the Chancellor or their alternate, the Vice-Chancellor or their alternate and not less than three other principal members, or their alternate, shall be as valid and effectual as a resolution unanimously passed at a meeting of the Committee duly convened and held

"…. provided that notice of the motion has been served on each principal member or their alternate fixing a date being not less than five days after the service of the notice and provided that by that date no member has given the Secretary written notice that he/she disapproves of the motion."

13.3 Legislation

13.2.1 Statute 3.2.3 - Pro Vice-Chancellors (Amendment No 1 2004) Item13pp9-14

RECOMMENDATION

That Council make Statute 3.2.3 – Pro Vice-Chancellors (Amendment No 1 2004).

13.2.2 Deputy Deans Amendments 2004 Item13pp15-24

RECOMMENDATION

That Council make the Statute entitled Deputy Deans Amendments 2004.

13.4 VERNet Pty Ltd – Appointment of Director and Alternate Director Item13pp25-28

RECOMMENDATION

That Council appoint Mr Alan McMeekin, Executive Director of Information Technology Services as a director on the Interim Board of "VERNet Pty Ltd".

That Council consent to the appointment of Mr Neil Clark, Manager of Infrastructure Services, Information Technology Services as Mr McMeekin’s alternate director on the Interim Board of "VERNet Pty Ltd".

13.5 Report of Academic Promotions Item13pp29-34

Promotions to Reader/Associate Professor

RECOMMENDATION

That Council note the promotions, as detailed in the document presented, approved by the University Readership/Associate Professorship Committee, in accordance with delegated authority and effective from 1 January 2005.

Promotions to Senior Lecturer and Lecturer

RECOMMENDATION

That Council note the promotions, as detailed in the document presented, approved by Deans on the recommendation of the Faculty Lectureship/Senior Lectureship Committees, in accordance with delegated authority, and effective from 1 January 2005.

13.6 Professors Statutes (Amendment and Repeal) 2004 Item13pp35-56

RECOMMENDATION

That Council make the Professors Statutes (Amendment and Repeal) 2004

13.7 Conferral of Degree of Bachelor of Laws (Honours) Item13pp57-60

RECOMMENDATION

That Council confer the degree of Bachelor of Laws (Honours) to Erwin Loh.

13.8 Next Meeting

The next meeting of Council will be held on 11-12 February 2005.

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.