Council Meeting 8-2004

Meeting 8/2004 of the Monash University Council was held between 4.30 pm and 7.20 pm on Monday, 13 December 2004 in Tutorial Room B2.24 at Caulfield Campus.

Mr J K Ellis, Chancellor, presiding

Mr P H Ramler AM, Deputy Chancellor

Dr J M Hearn, Deputy Chancellor

Professor R G Larkins AO, Vice-Chancellor

Professor S Parker, Senior Deputy Vice-Chancellor

Professor A Lindsay, Deputy Vice-Chancellor (Academic)

Professor E Cornish, Deputy Vice-Chancellor (Research)

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

Professor H Le Grand, Dean, Faculty of Arts

Mr J Levine, Divisional Director, Financial Resources Management

Mr R Dias, Deputy Director, Financial Resources Management

Professor R Willis, Academic Director, Caulfield

Mr T Calder, Director, Executive Services

Council was informed of the recent death of Ms Rebecca Tomilson, an Arts/Science student and active member of the Monash community. Council members were informed that the Secretary to Council would forward details of the ecumenical service once the wishes of the family were known.

Council extended its sympathies to Rebecca’s family and friends and to the many students and staff at Monash whose lives had been enriched during Rebecca’s time at Monash.

Council noted with acclamation the awarding of The Peter Nicol Russell Memorial Medal to Mr John Laurie AC. The Medal is the most prestigious individual award of The Institution of Engineers Australia and is presented to a Fellow of Engineers Australia who has made a notable contribution to the science and/or practice of engineering in Australia.

The Chancellor advised Council that following a meeting between the Vice-Chancellor, Professor Bourke and himself, a Statement of Recognition to be read before graduation ceremonies had been agreed as follows:

"This ceremony is being performed on country for which the Kulin Nations have been custodians for many centuries".

The statement would be suitably amended for graduation ceremonies held at Gippsland Campus.

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

Council approved a request for special leave for Mr Glenn Barnes for this meeting.

Council approved a request for special leave for meeting 1/2005 (11-12 February) for Mr John Hutchinson.

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, 7 Report of the Audit Committee, 8.11 Proposed 2006 Course Fees for Domestic and International Students, 8.13 South Africa: Financial Restructure, 8.14 2005 Amenities Fees, 10.2.1 Amendment to Statute 4.1 – Discipline (Amendment No 1 2004), 12 Report of Equal Opportunity Committee, 13.2 Amendments to the Constitution and Membership of Executive Committee of Council, 13.3.1 Statute 3.2.3 – Pro Vice-Chancellors (Amendment No 1 2004) and 13.6 Professors Statutes (Amendment and Repeal) 2004 were starred and discussed at the meeting.

Council resolved on the motion of the Chairman:

‘that all items on the agenda not starred be adopted without discussion, and the action recommended be taken or the information therein noted’.

RESOLUTION CL8/2004/225

Council noted 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.

(File RMO97/0889)

Following an outline of the major features of the consolidated risk profile, the Chancellor commended the process and documentation whereby members of Council were able to discharge one of their primary responsibilities and requested that the Vice-Chancellor pass onto Mr Greg Connell, Director, Audit and Risk Management, Council’s thanks and commendation.

RESOLUTION CL8/2004/226

Council received the report titled Consolidated Risk Management Profile – October 2004 and noted the advice of the Vice-Chancellor.

(File RMO2003/0514)

The Vice-Chancellor outlined to Council aspects of the senior staffing arrangements approved by Council at meeting 6/2004 (27 September), specifically, describing the role of the Vice-President/Chief Financial Officer and the areas of responsibility of the Vice-President (Administration).

During discussion of the proposed appointment, Council members requested clarification of a number of issues including the appropriateness of a 5½ year appointment, the reasons for making an internal appointment without advertising externally, the gender balance of the Vice-Chancellor’s Group and that, as a rule, all appointments should be made via a competitive, merit based process.

At the conclusion of the discussion, several members noted that they were uncomfortable with deviating from the accepted selection process, not the specific appointment, and suggested that the existence of special circumstances be noted in the recommendation to support deviating from the normal competitive based selection process.

RESOLUTION CL8/2004/227

Council:

• noted the Vice-Chancellor’s intention to commence appointment action early in 2005 to appoint a Chief Financial Officer (and/or Vice-President, Finance); and

• noting the exceptional circumstances relating to the appointment, authorised the Vice-Chancellor to make an offer of appointment as Vice-President, Administration to Mr Peter Marshall, Divisional Director, Student and Staff Services commencing 1 August 2005 until 31 December 2010.

(File RMO1998/0930)

Authorised observers were admitted to the meeting following confidential items.

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

RESOLUTION CL8/2004/228

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

The Chancellor, on behalf of Council, thanked the following retiring Council members for their contribution and untiring effort during their terms:

Ms Wendy Peter, Mr John Laurie AC, Professor Tam Sridhar, Associate Professor David Suter, Mr Alastair McKenzie and Mr Michael Josem.

RESOLUTION CL8/2004/229

Council received the oral report of the Chancellor.

(File RMO1998/2347)

Council noted the Vice-Chancellor’s advice that the University and the National Tertiary Education Union (NTEU) had reached an agreement extending out to 2008 subject to some specific aspects of the agreement being finalised.

Noting that it was unfortunate that the NTEU had implemented bans on processing the results of some students, the Vice-Chancellor informed Council that the agreement was close to the optimal outcome for staff and the University whilst ensuring that the future of Monash was not imperilled.

Council was advised that this was a key issue for all Universities and may have an impact on the 2005 budget.

Members discussed issues relating to the sources competing for international student enrolments, quality of service delivery at Monash, the importance of converting applications to acceptances and the possibility of the decrease developing into an ongoing trend.

Council noted the advice of the Vice-Chancellor relating to the encouraging increase in applications, the level of the rand and the status of filling the position of Pro Vice-Chancellor, Monash South Africa.

Council members were referred to the Vice-Chancellor’s Report distributed with the agenda papers.

Council members were referred to the Vice-Chancellor’s Report distributed with the agenda papers.

Council noted the outstanding achievements of students, Mr Hugh Evans who had been named one of the twelve Outstanding Young People in the World, and Ms Farnaz Sabet who was named Victorian Rhodes Scholar for 2005.

Referring to the agenda papers, members were advised that Monash was realistically ranked somewhere between the two indicators.

Council was advised that the Faculty of Medicine, Nursing and Health Sciences and the Faculty of Pharmacy, in partnership with The University of Melbourne (for dentistry and optometry) had reached agreement with the Emir of Sharjah for the licensing of medical related courses over the next five years.

RESOLUTION CL8/2004/230

Council received and noted the Vice-Chancellor’s Report to Council.

4.2 Budget 2005 (item 8.3 refers)

Ms Alison Crook AO, Deputy Vice-Chancellor (Resources) introduced the discussion of the 2005 budget.

Council was advised that the budget had been framed during a period of uncertainty due to 2005 being the first year of the HESA reforms, softening demand in international student numbers and some uncertainty relating to the impact on student numbers of recently announced increases to HECS charges.

Key components of the budget included the need to maintain student enrolment levels and a focus on research and research infrastructure. The budget process had included further integration of the budget and planning processes, establishing financial targets for the next three years including a targeted 4% surplus, implementation of improved processes for handling strategic initiatives and, for the first time, presentation to Council of a consolidated budget incorporating controlled entities.

Ms Crook highlighted aspects of the budget papers including a consolidated surplus of $30.5m (Monash University - $35.3m), targeted increases in research revenue and University commitments to research initiatives, student load targets in 2005 projected to be similar to 2004, scholarships to students growing by 27% including $1.6m for the new Monash Access Program, lower than desired increase in information technology development expenditure and identified expenditure of $7m on agreed strategic initiatives.

Concluding the introduction to the budget, Ms Crook advised Council that the budget process would continue to strengthen the alignment between the planning and budget processes, obtain earlier agreement on strategic initiatives, attempt to provide greater clarity to faculties on the setting of faculty targets and ensure strategic cost management is being applied across all faculties and support areas in a strategic sense.

Commending the budget to Council, the Vice-Chancellor advised that the revenue generated by increasing fees above the HECS level had been expended as approved by Council – 20% to equity and related programs with the remaining 80% of the increase directed towards improved services to students. The Vice-Chancellor also noted the importance of the research related focus of the budget and commended the work of Ms Alison Crook, Mr John Levine, Divisional Director, Financial Resources Management, Mr Reynold Dias, Deputy Director, Financial Resources Management and their staff for constructing the budget model and implementing it throughout Monash in an inclusive, and consultative and understanding manner.

During discussion, members requested clarification of a number of issues including the possible ramifications on the budget of lower than predicted fee paying student numbers, the projected fluctuation to salary expenses over three years, the use of strategic cost management by faculties, the University’s projected levels of borrowing and whether "worst case scenario planning" had been taken into account during development of the proposed budget.

In response to the issues raised by members, Council was informed that the number of domestic and international fee paying students would be assessed at the end of January, the salary fluctuations were a result of timing for some research related and superannuation expenditure and that decisions on some capital development projects had been deferred pending further consultation and the level of international student acceptances were known.

Referring to the use of Strategic Cost Management (SCM) and faculties, Ms Crook advised Council that in 2005 there would be a focus on ensuring that the implementation of SCM was not producing any counter productive outcomes for faculties. Further, Council was advised that Resources and Finance Committee had recently considered a "Stress Test Report" including falls in various categories of revenue. The outcomes indicated that Monash would have sufficient time to take remedial action should fee paying student numbers decrease dramatically and still produce an expected outcome of break even or better.

Concluding the discussion, the Chancellor thanked members for their contribution and, noting the uncertainty surrounding the fee-paying student numbers, commended that the budget, as presented, be adopted, however, Council would receive a report in early 2005 confirming the budget papers as presented to Council or requesting Council to consider and approve a revised budget for 2005.

RESOLUTION CL8/2004/231

Council:

• adopted the Monash University Budget 2005 subject to finalisation of the capital works budget; and

• requested that a report confirming the budget as presented or detailing proposed revisions due to changed student enrolment numbers be presented to Council in early 2005.

(File RMO1997/0611)

Following an introduction by Professor Stephen Parker, Senior Deputy Vice-Chancellor, members discussed aspects of the plan, including Section B – Performance against 2004 Plans, and suggested that all members of the Monash community receive a communiqué outlining how the increased domestic fee income had been directed towards enhanced equity initiatives, including Access Monash, and the remaining 80% of the increased revenue towards student related services.

RESOLUTION CL8/2004/232

Council received and approved the Annual Plan 2005.

(File RMO2004/1593)

4.4 Caulfield Stage 2 (item 8.8 refers)

Council noted the advice of Ms Alison Crook, Deputy Vice-Chancellor (Resources) on progress to date with the proposal to upgrade the western end of the campus and that, subject to Council’s approval, negotiations would continue with a recommendation to come to Council in early 2005.

RESOLUTION CL8/2004/233

Council noted 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.

(File RMO2002/1017)

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

Council noted the advice of Ms Alison Crook, Deputy Vice-Chancellor (Resources) on the status of the proposal to develop STRIP Buildings 2 and 3 including the need for a carefully phased roll-out, discussions with the Department of Innovation, Industry and Regional Development and the range of funding options being investigated.

RESOLUTION CL8/2004/234

Council approved:

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

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

• continuation of design work.

(Files RMO2002/1018, RMO2004/1720)

The Vice-Chancellor outlined to Council issues relating to the Parkville Campus noting that while Monash owned the Manning Building and adjacent land, the University leased the Sissons and Scott Buildings from the Pharmaceutical Society of Australia on favourable terms.

Issues that had been discussed during the consultation phase relating to the proposed development included the growth in student numbers at the campus, the need to provide expanded and enhanced research infrastructure, the cost effectiveness of various approaches to development of the campus and the viability of relocating some aspects of research to the STRIP development.

During discussion, members were informed of the favourable valuations received to date, the timelines imposed by the planning permit and the risks associated with entering into such proposed ventures.

RESOLUTION CL8/2004/235

Council:

• approved 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; and

• noted 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.

(File RMO2004/0965)

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

Council noted the advice of the Vice-Chancellor that this matter would be brought back to Council in early 2005.

RESOLUTION CL8/2004/236

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

(File RMO2002/1018)

During discussion, members noted the advice of the Vice-Chancellor that Monash was regarded as having the best and most diverse entry schemes within the sector, however, the Vice-Chancellor agreed to provide a report to Council on the number of students enrolling at Monash via alternative pathways – other than ENTER – were these pathways having a positive outcome and the percentage of students benefiting from the alternative pathways.

RESOLUTION CL8/2004/237

Council received the report and noted the advice of the Vice-Chancellor.

(File RMO2001/1605)

RESOLUTION CL8/2004/238

Council received and noted the report titled Visual and Performing Arts at Monash University.

(File RMO1997/0553)

Professor Homer Le Grand, Dean, Faculty of Arts and Chairman, North America Steering Group outlined to members progress on establishing preferred partnerships with selected North American universities, the importance of establishing strong research based relationships, the role of study abroad students and the importance of the synchrotron in progressing the Monash North America strategy.

RESOLUTION CL8/2004/239

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

(File RMO2002/1366)

The Vice-Chancellor informed Council that the Faculty of Information Technology Review would result in a reduced but pedagogically sound number of academic programs with revised academic and administrative support structures.

In response to a query from a Council member, the Vice-Chancellor informed Council that there would be some redundancies with an emphasis on achieving voluntary redundancies.

The Vice-Chancellor commended the Dean of the Faculty of Information Technology, Professor Ron Weber, for ensuring impeccable communication of progress and outcomes during this difficult period for the faculty.

RESOLUTION CL8/2004/240

Council received and noted the advice of Professor Larkins on the Faculty of Information Technology Review.

Mr Bhanuka Wanasinghe, President, Monash Postgraduate Association (MPA) was granted speaking rights for this item.

The Vice-Chancellor advised Council that the Working Party detailed in the agenda papers at meeting 4/2004 (12 July) had submitted its report to the Vice-Chancellor’s Group and following consideration thereat, the current proposal was submitted for Council’s consideration.

Mr Wanasinghe informed Council that while the MPA generally endorsed the Working Party’s Report, it had concerns in the following areas:

• that the subcommittee referred to in clause 13 of the Report have a determinative role and matters should not be referred to the Caulfield Campus Service Council for reconsideration; and

• that the first review of performance occur in 2006 in order for MPA to have 12 months to prove they had met the performance criteria.

During discussion, a member of Council suggested that the proposed funding arrangements would not meet the long term needs of postgraduate students and that the majority of postgraduate students did not support the services being offered by MPA. Further, continuation of the MPA in its current form might indicate that the University was reneging on other agreements with related student bodies.

In response to issues raised during the discussion, the Vice-Chancellor advised Council that the University hoped that students considered themselves Monash students, not Caulfield, Clayton or Gippsland students and that it was still appropriate to aspire for a single postgraduate body across campuses.

In relation to Mr Wanasinghe’s specific points, the Vice-Chancellor advised Council that the subcommittee would form the recommendation on whether MPA had met its performance targets and that it was necessary for the review to occur in July each year in order for the outcome to feed into budget and amenities fees processes.

RESOLUTION CL8/2004/241

Council:

• received the report and noted the work undertaken by the working party;

• endorsed 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 paper distributed;

• noted that the transfers as detailed were subject to the conditions detailed in paragraphs 7 to 10 of the paper distributed; and

• noted that the transfers as detailed were also subject to the conditions proposed by the Vice-Chancellor’s Group as detailed in paragraphs 13 to 16 of the paper distributed.

RESOLUTION CL8/2004/242

Council approved the proposed schedule for Annual Reporting to Council – 2005.

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.

RESOLUTION CL8/2004/243

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

(File RMO2002/1662)

RESOLUTION CL8/2004/244

Council noted the unconfirmed Minutes of the Audit Committee.

(File RMO2000/1603)

RESOLUTION CL8/2004/245

Council approved the revised Audit and Risk Management Office Charter.

(File RMO1998/2555)

Discussion of the item and recommendation occurred at item 1.5.2 of the agenda.

(File RMO2003/0514)

RESOLUTION CL8/2004/246

Council approved the revised Legal Compliance Policy.

(File RMO2000/1699)

RESOLUTION CL8/2004/247

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

(File RMO1998/1385)

RESOLUTION CL8/2004/248

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

(File RMO1998/2555)

RESOLUTION CL8/2004/249

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

(File RMO1998/1385)

RESOLUTION CL8/2004/250

Council received and noted the Report of meeting 6/2004 of Resources and Finance Committee held on 24 November 2004.

(File RMO2004/1407)

RESOLUTION CL8/2004/251

Council approved that:

• from 2006 onwards Monash Commercial prepare 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 was noted that these charges would be netted off against overall revenues in the Monash Commercial Group; and

• for 2004 and 2005, since such an approach had not been adopted, that the University continue 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.

(File RMOR2000/0106)

Discussion of the item including adopting the Budget occurred at agenda item 4.2.

(File RMO1997/0611)

RESOLUTION CL8/2004/252

Council noted:

• 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 could be demonstrated to be cost-beneficial in achieving the University’s vision.

(File RMO2004/0531)

RESOLUTION CL8/2004/253

Council noted the action detailed in the document and that a separate Executive Committee report was also included in the Council Agenda.

(File RMO2004/0965)

Discussion of the item including the recommendation occurred at agenda item 4.5.

(Files RMO2004/1720, RMO2002/1018)

RESOLUTION CL8/2004/254

Council noted that the Committee:

• was informed that the proposed securitisation of Caulfield Stage 1 did 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.

(File RMO2004/1599)

Discussion of the item including the recommendation occurred at item 4.4.

(File RMO2002/1017)

For action or noting by: Deputy Vice-Chancellor (Resources), Divisional Director, Corporate Finance, CEO Monash Property Management, University Solicitor, Group Accountant, Corporate Finance

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

RESOLUTION CL8/2004/255

Council noted the details in the document and that a separate Executive Committee report was included in the Council Agenda.

(File RMO2003/0167)

For action or noting by: Deputy Vice-Chancellor (Resources), Divisional Director, Corporate Finance, CEO Monash Property Management, University Solicitor, Group Accountant, Corporate Finance

RESOLUTION CL8/2004/256

Council noted 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.

(File RMO1997/0611)

RESOLUTION CL8/2004/257

Council:

• noted the issues arising from the fee review process;

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

• authorised 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%.

(Files RMO1997/0561, RMO1997/0877 – Int. RMO1997/0173, RMO1997/0887 – Dom.)

RESOLUTION CL8/2004/258

Council:

• endorsed the Resources and Finance Committee’s recommendation that Audit Committee note the proposed accounting treatment and the potential audit consequences;

• approved this accounting treatment, which would reflect the 2004 DEST grant paid in advance in December 2003 as revenue in 2004; and

• noted that this treatment might attract an audit qualification.

(File RMO2002/1291)

The Vice-Chancellor reported on the encouraging outcomes of recent discussions with officials and leaders of the education sector in South Africa.

In response to a suggestion from a member of Council, it was agreed that the proposed financial restructure, as detailed in the agenda papers, was necessary and the words "should it prove necessary" be deleted from the recommendation.

RESOLUTION CL8/2004/259

Council approved:

the proposed financial restructure as described and summarised; 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.

(File RMOR2004/0119)

Mr Alastair McKenzie queried whether there was a compelling case for increasing the Clayton Campus amenities fees given that the Clayton Campus Service Council and MONYX had recommended a zero increase and 4% increase respectively.

Mr Peter Marshall, Divisional Director, Student and Staff Services, advised Council that to impose arbitrarily a cost reduction on either party would be unfair as a failure to increase revenue must result in budget cuts.

Mr McKenzie abstained from supporting the 3% increase to the Clayton Campus amenities fees.

RESOLUTION CL8/2004/260

Council approved:

• 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.

(File RMO2000/1252)

RESOLUTION CL8/2004/261

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

(File RMO1998/1042)

Council members were invited to note that agenda item 8.5 - Parkville Development and item 8.9 - Monash Health Research Precinct - Stage 2: Proposal were referred 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 8^th December and a report was attached.

RESOLUTION CL8/2004/262

Council received and noted the report of the Executive Committee of the Resources and Finance Committee.

(File RMO2004/1407)

RESOLUTION CL8/2004/263

Council received and noted the report of meeting 6/2004 of the Academic Board held on Wednesday, 24 November 2004.

(File RMO2004/0809)

A Council member suggested that four differing levels of penalties relating to misconduct was excessive and that the Discipline Statute should be reviewed. The Statute would be referred to the office of the University Solicitor for further comment, however, the proposed changes were approved.

RESOLUTION CL8/2004/264

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

(File RMO2003/0722)

Discussion of the item including the proposal to approve the Annual Plan 2005 occurred at agenda item 4.3.

(File RMO2004/1593)

RESOLUTION CL8/2004/265

Council noted 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.

(Files RMO1997/0553, RMO1998/0296)

RESOLUTION CL8/2004/266

Council noted the following recommendations 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); and

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

(File RMO1997/0395)

RESOLUTION CL8/2004/267

Council noted 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

(File RMO1997/0898)

RESOLUTION CL8/2004/268

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

(File RMO1998/3096)

RESOLUTION CL8/2004/269

Council received and noted the report of the Gippsland Advisory Council meeting 6/2004 held on 12 October 2004.

(File RMO1997/0888

RESOLUTION CL8/2004/270

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

(File RMO1999/0120)

Professor Colin Bourke MBE, Chairman of the Equal Opportunity Committee, outlined to members the major aspects of the Report.

RESOLUTION CL8/2004/271

Council received and noted the report of the Equal Opportunity Committee meeting 4/2004 held on 15 November 2004.

(File RMO1997/1578)

RESOLUTION CL8/2004/272

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

(File RMO1999/0120)

RESOLUTION CL8/2004/273

Council noted that the following had accepted the offer of appointment indicated below and wished to record his thanks to Council:

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

RESOLUTION CL8/2004/274

Council noted 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.

RESOLUTION CL8/2004/275

Council noted 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.

(Files Personnel)

RESOLUTION CL8/2004/276

Council approved 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 Professor Brian Mackenzie.

(File RMO1997/0725)

In response to a suggestion that student representation should be included on the Committee, the Chancellor noted that it was important to ensure that the level of external membership was appropriate and the Vice-Chancellor advised Council that he would always take into consideration the views of the student body.

RESOLUTION CL8/2004/277

Council appointed 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.

Council approved 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."

(File RMO1998/0046)

Professor Stephen Parker, Senior Deputy Vice-Chancellor, informed Council that the proposed changes to the Statute were intended to clarify some existing uncertainties relating to the powers of Pro Vice-Chancellors to put in place delegations.

RESOLUTION CL8/2004/278

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

(File RMO2004/1228)

RESOLUTION CL8/2004/279

Council made the Statute entitled Deputy Deans Amendments 2004.

(File RMO1997/1619)

RESOLUTION CL8/2004/280

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

Council consented 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".

(File RMO2004/1474)

RESOLUTION CL8/2004/281

Council noted 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.

RESOLUTION CL8/2004/282

Council noted 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.

(File Personnel)

Council was advised that instances of gender specific language included in the documentation would be remedied prior to the Statute being submitted to the Minister for approval.

RESOLUTION CL8/2004/283

Council made the Professors Statutes (Amendment and Repeal) 2004.

RESOLUTION CL8/2004/284

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

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