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Council Meeting 4-2005

Meeting 4/2005 of the Monash University Council was held between 5.00 pm and 7.00 pm on Monday, 11 July 2005 in the Clayfield Room, Building A Library and Administration, Caulfield Campus.

MINUTES

There were present:

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 C Browne, President of Academic Board

Ms L Adler

Professor W Anderson AM

Ms L Boston

Professor C Bourke MBE

Dr C Curwen CVO OBE

Ms D Halstead

Mr J Hutchinson

Ms P Hutchinson

Dr L Rowe

Ms J Samms

Dr C Williams

Mr T Wilson

In attendance were:

Professor S Parker, Senior Deputy Vice-Chancellor

Professor E Cornish, Deputy Vice-Chancellor (Research)

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

Professor R Norris, Dean, Faculty of Science (Chairman, OHS Policy Committee)

Mr G Connell, Director, Audit and Risk Management

Mr P Barton, Manager, Occupational Health, Safety and Environment

Professor R Willis, Academic Director, Caulfield Campus

Secretary:

Mr T Calder, Director, Executive Services

PART A

1. PROCEDURAL MATTERS

The Chancellor, on behalf of Council, welcomed Dr Leanne Rowe to her first meeting of Council.

Council, with acclamation, noted the conferral of the prestigious International Meteorological Organisation (IMO) Prize to Dr John Zillman for his visionary leadership in international meteorology.

1.1 Apologies

No apologies were received.

1.2 Special Leave

At meeting 2/2005 (21 March), Council approved a request for special leave for meeting 5/2005 for Ms Lesley Boston. At meeting 3/2005 (2 May), Council approved requests for special leave for meeting 4/2005 (11 July) for Dr John Zillman AO, Ms Sue Smith and Mr Leo Ostroburski and for meeting 7/2005 (31 October) for Ms Sue Smith.

At this meeting, Council approved requests for special leave for meeting 5/2005 (8 August) for Mr Paul Ramler AM and meeting 6/2005 (26 September) for the Chancellor.

(Files RMO1998/2754, RMO1998/2753)

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, 2 Confirmation of Minutes of Previous Meeting, 3 Chancellor’s Business, 4 Vice-Chancellor’s Business, 5.2 Promotion to Professor, 8 Report of the Resources and Finance Committee, 10.2.3 Faculty of Information Technology – school structure and 11 Report of the Equal Opportunity Committee were starred and discussed at the meeting.

1.4 Approval of Non-Starred Items

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’.

1.5 Confidential Items

1.5.1 Use of the University Seal

RESOLUTION CL4/2005/65

Council noted the report of the Vice-Chancellor dated 29 June 2005 on the affixing of the Common Seal to documents executed under Seal pursuant to Statute 8.1, Section 2.1.5.

(File RMO1997/0889)

For action or noting by: Divisional Director, Corporate Finance, University Solicitor

1.6 Admission of Observers

Authorised observers were admitted to the meeting following confidential items.

2. Confirmation of Minutes of Previous Meeting

2.1 Minutes of meeting No 3/2005

The Minutes of meeting No 3/2005 held on 2 May 2005 were circulated.

RESOLUTION CL4/2005/66

Council confirmed the Minutes of meeting No 3/2005 held on Monday, 2 May 2005.

PART B STARRED ITEMS

3. Chancellor’s Business

3.1 Chancellor’s Report to Council

Ms Alison Crook AO

Council noted, with acclamation, the contribution to the University of the retiring Deputy Vice-Chancellor (Resources), Ms Alison Crook AO.

Fifth National Conference on University Governance

The Chancellor invited members of Council to provide expressions of interest in attending the conference to be held in Canberra on 6-7 October 2005.

Annual round of meetings with Deans and performance discussions with Council members

The Chancellor informed Council that he was midway through his annual round of meetings with Deans and performance discussions with Council members and would provide a report on the outcomes at a future meeting of Council.

RESOLUTION CL4/2005/67

That Council receive the oral report of the Chancellor.

(File RMO1998/2347)

3.2 Queen’s Birthday Honours

RESOLUTION CL4/2005/68

Council noted, with acclamation, Queen’s Birthday Honours awarded to people associated with Monash University as detailed in the paper provided.

(File RMO1999/0190)

4. Vice-Chancellor’s Business

4.1 Vice-Chancellor’s Report to Council

The Vice-Chancellor provided Council with an oral report on the matters detailed in his written report.

During a discussion of the recent Four Corners Program on universities, members were invited to access the full transcript of the Vice-Chancellor’s interview at http://www.abc.net.au/4corners/content/2005/s1401586.htm .

Members discussed a range of related matters including the use of IELTS scores and the small percentage of the total number of international students using IELTS for entry to Monash and the greater number of students who successfully gained admission to Monash courses via Monash College programs.

Referring to the recent bombings in London, the Vice-Chancellor informed Council that over thirty staff and students known to be in the vicinity of London were contacted, and of those contacted all were reported as safe. The University was still attempting to contact three staff members. One former staff member now working in London, Mr Sam Ly, had been injured and was in a critical condition.

(Secretarial note: Mr Sam Ly, who worked for Monash University from 1999 to 2003, had died as a result of injuries received in the bomb blast that destroyed the double-decker bus in London on Thursday, 7 July.)

Concluding his report, the Vice-Chancellor supported the Chancellor’s statements on the magnitude of the achievements of the retiring Deputy Vice-Chancellor (Resources), Ms Alison Crook AO.

RESOLUTION CL4/2005/69

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

(File RMO1998/2347)

4.2 Monash Commercial Pty Ltd – activities, initiatives and year to date financial statements

Council members were invited to note that discussion of this topic had been deferred pending approval by the Monash Commercial Board of a revised business plan for 2005/2006. Members were invited to note that the Report of the Board of Monash Commercial Pty Ltd (refer item 9) included a Statement of Financial Performance and overview of recent transactions approved by the Commercialisation Executive Committee.

RESOLUTION CL4/2005/70

Council noted that a report on the activities and initiatives of Monash Commercial Pty Ltd would be submitted for Council’s consideration at a later Council meeting.

(File RMOR2000/106)

For action or noting by: Chief Operating Officer, Monash Commercial

4.3 Consolidated Risk Profile

The Vice-Chancellor introduced the item. Mr Greg Connell, Director, Audit and Risk Management, was in attendance.

Following an outline of the methodology used to formulate the Consolidated Risk Management Profile, members discussed the risks identified in the risk profile and made a number of suggestions including the following:

Ref 1: Decline in the number of full fee-paying overseas students on Australian campuses

  • need to include other risk treatment strategies including those relating to quality;

  • include in the risk treatment strategies services provided to current and prospective students;

  • members also queried why the category was deemed financial; and

  • it was suggested that Monash still needed to narrow the gap between the information it provided to students and what was actually delivered to students.

Ref 3: Inadequate funding for maintenance and capital expenditure projects

  • while the category was financial, it was noted that the risk also related to both reputation and research; and

  • it was suggested that current cost containment strategies should also be added

Ref 7: Failure to attract high quality undergraduate and postgraduate students

  • risk treatment strategies should include the University’s focus on quality including the outcomes of questionnaires/surveys; and

  • Professor Parker informed Council that the MEQ data would be ready by December for consideration by Council at its conference in February.

Ref 12: Excessive workloads

  • during discussion, it was noted that the risk assessment was qualitative not quantitative and Professor Parker informed Council that the draft staff survey instrument had been prepared and that over time, the data from the staff survey would provide the University with base-line data.

Another suggestion was to include as a risk the need to manage state and federal government relations.

Members requested that the revised consolidated risk summary be distributed with the minutes.

(Secretarial note: The revised Consolidated Risk Profile will be amended over the coming weeks and will be distributed to members when available.)

RESOLUTION CL4/2005/71

Council received the report titled Consolidated Risk Management Profile – April 2005 and noted the advice of the Vice-Chancellor.

(File RMO2003/0514)

For action or noting by: Director, Audit and Risk Management

4.4 New Victorian OHS Act 2004 and Monash OHS Certification Under AS4801

Professor Rob Norris, Dean, Faculty of Science and Chairman of the OHS & E Committee and Mr Paul Barton, Manager, OHS & E, were in attendance.

Mr Barton provided Council with a PowerPoint presentation on the major changes introduced by the new Act including a summary of the key changes. These included:

  • the expanded liability for officer’s failing to take reasonable care;

  • the inclusion of psychological health;

  • increased consultation requirements;

  • representatives across sites rather than zone representatives;

  • union rights of access;

  • increased penalties; and

  • the introduction of a process to review inspector’s decisions and notices.

As part of Monash’s ongoing focus on improving OHS outcomes, Mr Barton advised Council that the University was continuing to implement a continuous improvement approach to OHS with a desired outcome of obtaining AS/NZS 4801:2001 certification by the first quarter of 2006.

A copy of the slides presented by Mr Barton is attached to the Minutes. (Attachment 1)

RESOLUTION CL4/2005/72

Council noted the advice of Mr Paul Barton, Manager, Occupational Health, Safety and Environment.

(File RMO1999/1413)

For action or noting by: Dean, Faculty of Science and Chairman of the OHS & E Committee and Manager, OHS & E

PART C ITEMS FOR APPROVAL OR INFORMATION

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

5.1 2006 Council Planning Conference

Preliminary planning for the Senior Management Summit and Council Planning Conference in 2006 had commenced.

Council members were invited to note, in an email dated 12 May 2005, that the Council Planning Conference would commence on the afternoon of Thursday, 16 February 2006 and conclude in the afternoon of Friday, 17 February 2006. Both the summit and Conference would be held at The Mansion Hotel, Werribee.

(File RMO1998/2347)

5.2 Promotion to Professor

Members discussed the appointment to professor process and the promotion to professor process and debated the need for prompt notification of promotions via the proposed delegation to the Vice-Chancellor or whether it would be more appropriate for Council to retain the power to appoint to professor via promotion.

At the conclusion of the discussion, it was resolved to support the proposed delegation to the Vice-Chancellor with the addition of a letter from Council to staff promoted to professor.

RESOLUTION CL4/2005/73

Council delegated to the Vice-Chancellor the power to approve promotions to professor as recommended by the University Professorial Promotions Committee.

(File RMO1998/3177)

For action or noting by: Divisional Director, Student and Staff Services, Secretary to Council

6. Report of the Executive Committee of Council

6.1 Proposal to establish and fill the position of Deputy Vice-Chancellor and Vice-President (International)

The Executive Committee of Council, acting under its delegation from Council, met on 23 May 2005 and approved the proposal to establish and fill the position of Deputy Vice-Chancellor and Vice-President (International) and the establishment of a Deputy Vice-Chancellor selection committee as detailed in the document forwarded to the members of the Executive Committee.

RESOLUTION CL4/2005/74

Council noted the approval granted by the Executive Committee of Council at its meeting held on 23 May 2005.

(File RMO1998/0734)

7. Report of the Audit Committee

7.1 Receipt of Minutes

RESOLUTION CL4/2005/75

Council noted the unconfirmed Minutes of the Special Meeting of Audit Committee held on 27 June 2005.

7.2 Consolidated Risk Management Profile

RESOLUTION CL4/2005/76

Council received the report titled Consolidated Risk Management Profile – April 2005 and noted the advice of the Vice-Chancellor.

(Secretarial note: Minute 4.3 Consolidated Risk Profile refers).

(File RMO1997/1579)

For action or noting by: Director, Audit and Risk Management

8. Report of the Resources and Finance Committee

8.1 STI Grants: Membership of New Entities

During discussion, Professor Edwina Cornish informed Council that her office was looking to develop a governance framework and processes to ensure appropriate management of unincorporated joint ventures and that this would be reported to Council at a later meeting.

RESOLUTION CL4/2005/77

Council:

declared that in its opinion, in relation to each of the four UJVs (listed below), it was in the interests of the affairs and concerns of the University for Monash to form or participate in the formation of the joint venture required by current State Government policy, subject to the legal documentation for each UJV being checked and approved by the University Solicitor’s Office.

1. Australasian Stormwater Biofiltration Technologies

2. Gippsland Regional Automation Centre (GRACe)

3. Centre for Power Transformer Diagnostics and Life Management

4. Australian Centre for Health Care Innovation

delegated to the Deputy Vice-Chancellor (Research) the power to sign on behalf of the University the Unincorporated Joint Venture Agreements and any other related agreements relating to the above named STI funded projects.

(Files RMO2005/0646, RMO2005/0647, RMO2005/0645, RMO2005/0174)

For action or noting by: Deputy Vice-Chancellor (Resources), Deputy Vice-Chancellor (Research), Divisional Director, Corporate Finance, University Solicitor

8.2 Caulfield Development – Stage 2

The Vice-Chancellor advised Council that negotiations with the developer had progressed and that two financial options were being considered. Council was advised that the final proposal would be presented to Council at a later meeting once the new Vice-President (Finance) had had time to assess both options.

Ms Crook outlined to Council the process to date including the use of a Probity Auditor to oversee the matter.

RESOLUTION CL4/2005/78

Council:

  • endorsed Resources and Finance Committee's recommendation that the University write to the Education Minister to seek approval for the sale of the relevant land at the western end of the campus; and

  • noted the report (Appendix B) and that the financial impact of this and other major projects would be reviewed by the Vice Chancellor’s Group.

(File RMO2002/1017)

For action or noting by: Deputy Vice-Chancellor (Resources), CEO, Monash Property Management, Project Manager, Monash Property Management

8.3 Receipt of Proceedings

Superannuation – choice of funds – impact on Monash University

In response to a question seeking clarification on several matters, it was requested that Mr Peter Marshall, Divisional Director, Student and Staff Services supply to Dr Carol Williams, the two documents referred to in paragraph 2 of the agenda papers (page 8….53) and that Ms Crook provide confirmation to Dr Williams that the website referred to in paragraph 16 had been established and that affected staff were receiving the summary letter.

For action or noting by: Deputy Vice-Chancellor (Resources), Divisional Director, Student and Staff Services

STRIP Development Buildings 2 & 3

Council was advised that attempts to obtain external funding for this development had not progressed. Investigations were continuing into other financing models, but if these were not fruitful, the development would go ahead in stages, with Stage 1 costing $118.8m to commence in 2006 and to be completed by the end of 2008.

Council noted the advice of the Vice-Chancellor of the importance of this development to the University.

Monitoring the performance of Monash companies – Monash International

In response to a question, Professor Stephen Parker, Senior Deputy Vice-Chancellor advised Council that repatriation of International Marketing and International Student Services activities into the University’s operations would have a net zero outcome for the Monash group.

RESOLUTION CL4/2005/79

Council noted the proceedings of meeting 2/2005 of Resources and Finance Committee held on 22 June2005.

(File RMO2004/1407)

For action or noting by: Divisional Director, Corporate Finance, Group Accountant

9. Report of the Board of Monash Commercial Pty Ltd

RESOLUTION CL4/2005/80

Council received and noted the report of the Board of Monash Commercial Pty Ltd of meeting held on 30 May 2005.

(File RMOR2001/112)

For action or noting by: Chief Operating Officer, Monash Commercial

10. Report of the Academic Board

10.1 Receipt of Report

RESOLUTION CL4/2005/81

Council received and noted the report of meeting 3/2005 of the Academic Board held on Wednesday, 23 May 2005.

(File RMO2004/0809)

For action or noting by: President of Academic Board, Secretary to Academic Board

10.2 University Structure

10.2.1 E-Research @ Monash Centre

RESOLUTION CL4/2005/82

Council approved the establishment of the E-Research @ Monash Centre.

(File RMO2003/0269)

For action or noting by: Chairman and Secretary of The e-Research@Monash Working Group

10.2.2 Taxation Law and Policy Research Institute

RESOLUTION CL4/2005/83

Council approved the proposal of the Faculty of Business and Economics to establish the Taxation Law and Policy Research Institute.

(File RMO2003/0269)

For action or noting by: Dean and Group Manager, Academic Services – Business and Economics

10.2.3 Faculty of Information Technology – school structure

Council noted the advice of the Vice-Chancellor that the revised school structure was in response to the reduced demand by prospective students and the need to realign the faculty’s course offerings.

RESOLUTION CL4/2005/84

Council approved the proposal of the Faculty of Information Technology to disestablish the current school structure at the Australian campuses of the Faculty of Information Technology.

RESOLUTION CL4/2005/85

Council approved the proposal of the Faculty of Information Technology to establish a campus-based school structure, as follows, to take effect from the date of Council approval:

Berwick School of Information Technology

Caulfield School of Information Technology

Clayton School of Information Technology

Gippsland School of Information Technology

Peninsula School of Information Technology

(File RMO2005/0449)

For action or noting by: Dean and Registrar – Information Technology

10.3 Senior Management

10.3.1 Senior Management Change

RESOLUTION CL4/2005/86

Council approved the resolution, endorsed by Academic Board, that from 1 July 2005 all documents, academic policies and memberships with reference to the ‘Deputy Vice-Chancellor (Academic)’ or the ‘Deputy Vice-Chancellor (Academic and Planning)’ should read ‘Senior Deputy Vice-Chancellor’.

(File RMO1998/0930)

For action or noting by: Senior Deputy Vice-Chancellor, Pro Vice-Chancellor (Planning), University Solicitor

10.4 Legislation

10.4.1 Amendment pursuant to Faculties Regulations (Amendment 2 2005)

RESOLUTION CL4/2005/87

Council made the Faculty Regulations (Amendment No 2 2005).

(File RMO1997/1504)

For action or noting by: Dean and Faculty Registrar – Information Technology, University Solicitor

10.5 Disestablishment of FLITE Centre

RESOLUTION CL4/2005/88

Council noted the disestablishment of the FLITE Centre.

(File RMO1999/1617)

For action or noting by: Dean and Faculty Registrar – Information Technology

10.6 Disestablishment of the Centre for Law in the Digital Economy.

RESOLUTION CL4/2005/89

Council noted the disestablishment of the Centre for Law in the Digital Economy.

(File RMO2001/0705)

For action or noting by: Dean and Faculty Manager - Law

10.7 Disestablishment of the Centre for the Study of Privatisation and Public Accountability

RESOLUTION CL4/2005/90

Council noted the disestablishment of the Centre for the Study of Privatisation and Public Accountability.

(File RMO1998/1945)

For action or noting by: Dean and Faculty Manager - Law

10.8 Revised Management Structure of the Faculty of Medicine, Nursing and Health Sciences

RESOLUTION CL4/2005/91

Council noted the revised management structure of the Faculty of Medicine, Nursing and Health Sciences.

(File RMO1998/0296)

For action or noting by: Dean and Faculty Manager – Medicine, Nursing and Health Sciences

10.9 Disestablishment of the Centre for X-Ray Physics and Imaging

RESOLUTION CL4/2005/92

Council noted the disestablishment of the Centre for X-Ray Physics and Imaging.

(File RMO1999/1617)

For action or noting by: Dean and Faculty Manager - Science

10.10 Receipt of Proceedings

RESOLUTION CL4/2005/93

Council noted the proceedings of the Academic Board meeting held on 23 May 2005.

(File RMO2004/0809)

For action or noting by: President of Academic Board, Secretary to Academic Board

11. Report of the Equal Opportunity Committee

Professor Colin Bourke OBE highlighted the major features contained in the report.

In response to a question, the Secretary to Council informed members that a professional development session focusing on equity and diversity and the role of the Equal Opportunity Committee would be conducted in August/September.

For action or noting by: Chairman, Equal Opportunity Committee, Secretary to Council

11.1 Receipt of Report

RESOLUTION CL4/2005/94

Council received and noted the report of the Equal Opportunity Committee Meeting 2/2005 held on 13 June 2005.

(File RMO1997/1578)

For action or noting by: Chairman and Secretary of Equal Opportunity Committee

11.2 Receipt of Proceedings

RESOLUTION CL4/2005/95

Council noted the proceedings of the Equal Opportunity Committee meeting 2/2005 held on 13 June 2005.

(File RMO1997/1578)

For action or noting by: Chairman and Secretary of Equal Opportunity Committee

12. Reports of the Gippsland Advisory Council

12.1 Receipt of Reports

RESOLUTION CL4/2005/96

Council received and noted the reports of the Gippsland Advisory Council meetings 2/2005 and 3/2005 held on 5 April 2005 and 24 May 2005 respectively.

(File RMO1997/0888)

For action or noting by: Chairman and Secretary of Gippsland Advisory Council

12.2 Receipt of Proceedings

RESOLUTION CL4/2005/97

Council noted the proceedings of the Gippsland Advisory Council meetings held on 5 April 2005 and 24 May 2005.

(File RMO1997/0888)

For action or noting by: Chairman and Secretary of Gippsland Advisory Council

13. General Business

13.1 Senior Appointments

RESOLUTION CL4/2005/98

Council noted that the following had accepted the offer of appointment approved by the Vice-Chancellor and President:

Dr Iain Edwards – honorary appointment as a Professor, School of Political and Social Inquiry, Faculty of Arts.

RESOLUTION CL4/2005/99

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

Professor Claude Bernard – Professor, Monash Immunology and Stem Cell Laboratories, School of Biomedical Sciences, Faculty of Medicine, Nursing and Health Sciences.

Professor George Hampel – Professor, Faculty of Law.

Professor John Humphreys – Professor of Rural Health Research, School of Rural Health, Faculty of Medicine, Nursing and Health Sciences.

Professor Roy Jackson – Sir John Monash Distinguished Professor, School of Chemistry, Faculty of Science.

Professor Fiona Judd – Professor of Rural Mental Health, Department of Psychological Medicine, Faculty of Medicine, Nursing and Health Sciences.

Professor Joan Ozanne-Smith – Chair of Injury Prevention, Monash University Accident Research Centre.

Professor Adrian Walker – Professor, Monash Institute of Medical Research, Faculty of Medicine, Nursing and Health Sciences.

(File Personnel)

13.2 Paid Outside Work Policy

RESOLUTION CL4/2005/100

Council adopted the policy document Paid Outside Work Policy.

(File RMO1998/0184)

For action or noting by: Deputy Vice-Chancellor (Resources), Divisional Director, Student and Staff Services

13.3 Monash University in Prato – Change of Legal Representative

RESOLUTION CL4/2005/101

Council made the following resolutions:

1. that the appointment of the current legal representative of the educational and cultural exchange centre of the University established in Prato, Italy at the following address: Palazzo Vaj, via Pugliesi n.26, to pursue the University Academic Program in Italy, namely Prof. William Francis Kent, born in Melbourne, Australia, on March 30, 1942, be revoked; and

2. that the new legal representative of the above educational and cultural exchange centre in Italy with all the powers provided for below, shall be Dr Annamaria Pagliaro, a citizen of Australia, born on June 19, 1957, in Carrara (Italy), residing at Piazza delle Carceri 3, Prato, 59100, Italy; and

3. that the legal representative of the above described University centre in Prato, Italy be empowered with the powers described and enumerated in the attached document headed "Appointment and Power of Attorney to the New Legal Representative of Monash University in Prato", and further that the said document shall be signed and executed under the Common Seal of Monash University.

(File RMO2005/0903)

For action or noting by: University Solicitor

13.4 Next Meeting

The next meeting of Council is scheduled to be held at 5.00 pm on Monday, 8 August 2005 at Clayton Campus.