A meeting of the Council was deemed to be held on Wednesday 23 July 2003, when the members of Council voted on a circulated resolution.

Valid votes were received from:

The Chancellor, Ms Fay Marles(in the Chair)
The Deputy Chancellor (Dr N G Curry)
The Deputy Chancellor (Mr I A Renard)
The Vice-Chancellor (Professor A D Gilbert)
The President of Academic Board (Professor P B McPhee)
Mr P Allen, Mr T L Anning, Ms M Doig,
Hon B Forwood, Dr J Hood, Judge I Lawson
Dr B H Lochtenberg, Mr D Perkins and Professor F W Rickards

(Subsequent to the meeting Mr D Crawford, Ms N Nurmila and the Hon Mr D R White also indicated their support for the resolution below)

Business

Resolution taken to have been passed pursuant to Section 14 of the Melbourne University Act 1958

Management of Melbourne University Student Union

Following the meeting of Council on Monday 14 July 2003 at which Council authorised the Vice-Chancellor in consultation with its legal adviser Don Mazzone to prepare a resolution to be put to Council, and on the advice of the Vice-Chancellor, Council hereby resolves that:

1. Pursuant to its obligations and accountabilities under Section 12F of the Tertiary Education Act 1993 and its interests, obligations and responsibilities under the Master Agreement with the Melbourne University Student Union Incorporated (MUSUI) dated 20 December 1989 and cognate annual funding agreements, the Council of the University of Melbourne authorises the Vice-Chancellor to initiate an investigation of the financial position of MUSUI, including, without limitation, an investigation of all contracts, leases and arrangements entered into and the circumstances in which they were entered into, any evidence of corrupt or fraudulent practice or any other matters that might jeopardize the capacity of the University to comply with its obligations under relevant acts and agreements. It is anticipated that this inquiry will focus on calendar years 2001, 2002 and 2003.
   
   
2. In investigating, analyzing, reviewing and reporting on the above matters, the investigation determine in particular:
   
   
   • Whether the financial management, governance and administration of MUSUI meet standards of efficiency, effectiveness and probity consistent with the obligations of the University to its students under the terms of the Master Agreement of 1989 and cognate annual funding agreements;
     
     
   • Whether the financial management of MUSUI is and can be demonstrated to be, first, consistent with the provisions of the Tertiary Education Act 1993 limiting the expenditure of non-academic fees ( or any money which is made as profit from the expenditure of non academic fees ) to the funding of facilities, services or activities of direct benefit to students of the University and, secondly, in accordance with MUSUI's obligations in relation to authorised expenditure under the annual funding agreement ;
     
     
   • Whether the University of Melbourne has in place adequate procedures and sanctions to ensure that the expenditure of non-academic fees is strictly in accordance with the requirements of the Tertiary Education Act 1993;
     
     
   • Whether MUSUI's practices in relation to the management and oversight of revenue derived from sources other than non-academic fee income compromises the capacity of MUSUI to discharge its responsibilities to the University for the efficient and lawful management of non-academic fee income;
     
     
   • Whether the use, oversight, management and maintenance of the buildings MUSUI occupies on campus are consistent with its obligations pursuant to the Master Agreement and the requirement of University Statute 15.1 providing that MUSUI must be able to demonstrate that it remains capable of satisfactorily representing the student body: and
     
     
   • What action, if any, the University should take to ensure that it will be able in future fully to meet any obligations required of it pursuant to any statute, agreement or legislation relating to MUSUI.