Council Meeting No 4/09
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A meeting of the Council was held in the Council Chamber, 1st Floor, Old Quadrangle on Monday 16 March 2009 at 4.00pm.
Present
Members
The Chancellor (Hon A Chernov) (in the Chair)
The Deputy Chancellor (Ms R Storelli)
The Vice-Chancellor (Professor G Davis)
The President of Academic Board (Professor G Stevens)
Ms E Alexander, Ms O Bishop, Professor G Bowes, Mr M Coyle, Professor P Dawkins,
Dr M Doig, Ms T Jonas, Judge I Lawson, Mr R Johanson, Associate Professor M Joshi,
Dr V Mansour, Mr M Myer, Ms E Ritchie, Mr N Turnbull and the Hon D White
Others Attending
Mr T Peake (incoming Council Member)
The Provost (Professor P McPhee)
The Acting Deputy Vice-Chancellor (Global Relations) (Professor W Bebbington)
The Deputy Vice-Chancellor (Research) (Professor P Rathjen)
The Deputy President of Academic Board (Professor R Slocombe)
The Senior Vice-Principal (Mr I Marshman)
The President of Convocation (Ms L Boston)
The President of GSA (Mr P Coats)
The President of UMSU (Ms C Drakeford)
The Vice-Principal and Head of University Services (Ms E Baré)
The Vice-Principal and Chief Financial Officer (Mr D Percival)
The Vice-Principal and General Counsel (Mr C Penman)
The Vice-Principal and Academic Registrar (Ms Gillian Luck)
The Director (Information Technology & CIO) (Mr S Kathir)
The University Secretary (Ms J White)
The Deputy University Secretary (Mr J Green)
The Manager, Corporate Affairs (Ms C Buckridge)
Mr D Speagle (Office of the Vice-Chancellor)
Ms E Fazio (Office of the Vice-Chancellor)
Deans in attendance:
Dean of Faculty of Engineering (Professor I Mareels)
Dean of Faculty of Music (Professor C Falk)
Incoming Dean of VCA and Music (Professor S Pretty)
Business
- FORMAL MATTERS
1.1 Apologies and Leave of Absence Requests [Item A.01]
No apologies were received.
1.2 Welcome
The Chancellor welcomed Mr Tony Peake (incoming Council member) and Professor Sharman Pretty (Incoming inaugural Dean of the Faculty of the VCA and Music).
1.3 Visitors at Meetings of Council
The Chancellor advised that a request had been received from a student newspaper editor to attend this meeting in order to observe proceedings, and invited Council to consider its policy on visitors’ access to meetings. Council resolved that the Standing Resolutions governing procedure for attendance by visitors, other than senior officers of the University, be reviewed by the Council Nominations and Governance Committee to reflect current form of Council proceedings, including consideration of confidential matters. The University Secretary was requested to prepare appropriate amendments to the Standing Resolutions and submit them to Council Nominations and Governance Committee for its consideration.
- Minutes of Previous Meetings and Follow Up Action Sheet[Item A.1(a) and A.1(b)]
2.1 The Minutes of Council Meeting 3/2009 held on 21 February 2009, copies of which had been distributed, were confirmed.
2.2 The Action Sheet from Meeting No. 8/2008 was noted.
2.2.1 Integration of the Faculty of Economics and Commerce and the Melbourne Business School
Council noted that it was likely a special meeting would be called on 7 April next to consider and, if thought appropriate, approve the integration of the Faculty of Economics and Commerce and the Melbourne Business School.
- Declarations of Interest[Item A.2(a)]
The Chancellor called for any declarations of interest for items on the agenda for the current meeting. No declarations were received.
- Starring of Additional Items[Item A.2(b)]
Additional items B.2(I)27, B.3.2, B3.5, C.1.2, and C.9 were starred for discussion.
- Motion to Adopt or Receive “Unstarred Items of Business”[Item A.2(c)]
In accordance with established procedure, it was formally agreed that the unstarred items of business be adopted where containing recommendations or received where containing reports.
- Key Issues and Documents for Discussion[Item A.3]
6.1 Presentation by Dean of Engineering
The Chancellor welcomed Professor Iven Mareels, Dean of Melbourne School of Engineering.
Professor Mareels gave an outline of his vision for the Melbourne School of Engineering, in which he is aiming for the School to be ranked among the top 10 in the world. Progress towards this target will involve placing demanding performance expectations on academic staff and ensuring that the research profile was such as to support the vision. Other aspects of his strategy include increasing the number of PhD students, assuring formal accreditation of the new generation Bachelor of Engineering degree in 2010 and seeking European accreditation under the Bologna protocol. In response to a question, Professor Mareels noted that, like most Engineering Schools elsewhere in the world it had proved extremely difficult to achieve more than an overall maximum of 25% female participation in recent years, despite many initiatives aimed at attracting women to the profession.
6.2 Research
- As highlighted in the Vice-Chancellor’s report, Council noted that the Australian Research Council had announced a new initiative, “Excellence in Research for Australia” (ERA), a replacement for the previous Research Quality Assessment exercise, will require intensive data collection on the University’s research effort.
- A second area of specialty will be the bringing together of various research institutes that are associated with the University so that their output can be co-attributed to the University in future metrics.
- The third area of specialty will be to work with Faculties and Departments across the University in order to bring together their expertise and enable expensive research infrastructure (such as laboratory equipment) to be acquired and utilised more effectively.
The Deputy Vice-Chancellor, Professor Peter Rathjen, provided Council with an update on recent developments in the Research portfolio. He noted that the University’s research income was in the region of $700million per annum and that this level of activity needed improved research leadership, hence the recent proposal for the establishment of two new Pro-Vice-Chancellor positions (each 0.4 fraction) in addition to the existing fractional Pro-Vice-Chancellor (Research) appointment. The three senior academic staff appointed to these positions (including the current Pro-Vice-Chancellor (Research) will be required to address each of the following special areas:
- Chancellor’s Report[Item B.1]
7.1 Vice-Chancellor’s Key Performance Indicators 2009
Council members only (apart from the Vice-Chancellor) and the University Secretary remained in the Chamber for this item.
Council noted that the Vice-Chancellor’s KPIs followed closely the framework of the University Plan and there was discussion about whether or not the objectives of cost containment and revenue enhancement should be specifically included in the document. It was agreed that these matters were adequately covered in the University Plan.
Council confirmed the Key Performance Indicators 2009 for the Vice-Chancellor, subject to any amendment at the discretion of the Chancellor that reflected the discussion.
7.2 Further Council Appointments to Committees
Council approved further appointments to the Committees listed in the attachment to the report.
7.3 Recommendations from Acting Chairperson of Legislation and Trusts Committee
On the recommendation of the Acting Chairperson of the Legislation and Trusts Committee, it was resolved:
- to delegate to the President of the Academic Board the power to approve on behalf of Council any awards and scholarships, apart from those governed by a trust regulation, up to a maximum value of $10,000 per award per annum. [see also minute 14.1 below].
- that in future, details of Regulations and other Legislative instruments that have been approved by Legislation and Trusts Committee be placed on the Council portal for viewing by members as part of the electronic Agenda.
- Vice-Chancellor’s Report[Item B.2]
Council received and noted the Vice-Chancellor’s Report.
8.1 Bradley Review – Government Response
The Vice-Chancellor outlined the latest developments arising from the Bradley Review, noting that funding implications should be clarified by the Government in the May budget. In view of the serious deterioration in revenues across the Higher Education sector, which is likely to flow through to 2010 and beyond, an improved funding model is anticipated. It was noted that considerable uncertainty existed in this area due to Global Financial Crisis which was likely to have a deleterious effect on the Commonwealth budget.
The Vice-Chancellor responded to various questions about the impact of the Bradley Review on other Universities. Council noted that a draft strategy paper addressing in more detail the implications of the Government’s response would be presented to its April meeting.
8.2 Annual Report
Council received and approved the draft Annual Report, subject to:
- adding a short section to include a report on student organisations and their contribution to University life;
- any amendment that may be required in response to any comment by the Victorian Higher Education Governance and Support Office; and
- any editorial changes to the final text as settled by the Chancellor and Vice-Chancellor.
8.3 New Clinical School
Council noted that a new $51.6million Teaching, Training and Research Centre, including a Western Clinical Training School at Sunshine, was launched in March. Melbourne and Victoria Universities were collaborating on the project which would provide training places for medical students, nursing students and allied health professionals by 2012.
8.4 Appointment of Head of Music
Council noted that Professor Gary McPherson has been appointed to the Ormond Chair of Music from 1 July 2009 following an international recruitment process. He will head the new School of Music within the Faculty of the VCA and Music.
8.5 New WEHI Director
Council noted that Professor Doug Hilton, currently the Head of the Molecular Medicine Division of the Walter and Eliza Hall Institute of Medical Research, will succeed Professor Suzanne Cory as Director of the WEHI from 1 July 2009. Professor Cory has been Director since 1996.
8.6 Nossal Institute for Global Health Governance Arrangements
Council gave in principle approval tonew governance arrangements for the Nossal Institute for Global Health which comprise:
- Establishment of a Council of the Nossal Institute
- Appointment of a Nossal Institute chairperson who is also chair of the Australian International Health Institute (AIHI)
- Appointment of between 8 and 10 members to the Nossal Council
- Setting the terms of appointment of members
- Arrangement for appointment of AIHI directors from among the members of the Nossal Council, including the chairperson.
Council further noted that, in due course, a revised Regulation reflecting these changes would be brought forward for approval from Legislation and Trusts Committee.
8.7 Compliance Report
Council noted the March Compliance Report.
8.8 Announcement of a Senior Appointment
The Vice-Chancellor reported that an international executive search firm had been commissioned to provide advice on the selection of an Executive Dean to head the new entity arising from the merger of the Melbourne Business School with the Faculty of Economics and Commerce, and an extensive consultation process had occurred in relation to this key appointment. Professor Davis advised that it was important to have the leadership settled at this stage of negotiations to ensure continuity and ongoing participation in the discussions relating to organisational details and other matters that required finalising.
Council noted that following this process, the Melbourne Business School Board had endorsed the appointment of Professor Margaret Abernethy as the inaugural Executive Dean, should the merger proceed. Council gave in principle approval of this appointment, pending the outcome of the merger negotiations.
- Provost’s Report [Item B.3]
Council received and noted the Provost’s Report to Council.
9.1 Interim statement on the financial viability of the new Faculty of the VCA and Music
Council noted that an interim statement was presented in anticipation of the commencement of the inaugural Dean of the new Faculty of the VCA and Music. The Provost reminded Council of the events in 2008 leading to the formation of the new Faculty and he thanked Professor Cathy Falk and Associate Professor Su Baker for their work in bringing the plan to fruition.
Professor Pretty was then invited to address Council. She noted that the interim statement sets out the immediate priorities for the Faculty, but that the financial data in the statements was only very tentative given that the eventual outcomes were still to be assessed after an academic strategy had been established. She was optimistic that there were many opportunities in the new Faculty to develop and enhance its position in Creative Arts education, including new curriculum design and its strong international standing.
Council gave leave to Professor Falk to address the meeting and in doing so she commended the incoming Dean for her vision and commitment to building a new Faculty incorporating the VCA and the Faculty of Music. Professor Falk praised the inclusion in the Business Plan of a statement in support of a financially viable Bachelor of Music and advised that the Faculty of Music looked forward with genuine willingness for the best possible outcomes for the future of Music and the new Faculty.
Professor Sharman concluded a short question and answer session by observing that VCAM will earn its place as a respected member of the University community.
9.2 Motion of Appreciation
Council recorded its appreciation to the Dean of the Faculty of Music, Professor Cathy Falk, for her leadership of the Faculty of Music and to thank her, the Provost and Associate Professor Su Baker for their contribution to the establishment of the new Faculty of the VCA and Music.
9.3 Progress Report on the merger between the Faculty of Economics and Commerce and the Melbourne Business School
Council noted that a Steering Committee, co-chaired by the Chancellor and the Chair of the MBS Board, had been overseeing the merger between the Faculty of Economics and Commerce and the Melbourne Business School.
The Provost referred to the complexity of the negotiations in bringing the two entities together. The creation of new academic structures and integration of Executive Education had almost been completed but there were many financial and human resource matters still to be determined. The Senior Vice-Principal advised that these matters were still under discussion, with finalisation of the Business Case and various taxation issues still pending.
Council noted that its Due Diligence Committee was scheduled to meet on 26 March in order to consider any recommendation by the Steering Committee for the merger, including the Constitution of the new entity and the Coordination Management Agreement (CMA).
9.4 Melbourne University Sport Board: Terms of Reference
Council considered and endorsed again the Melbourne University Sport Board’s terms of reference and noted their form will be settled by the Legislation and Trusts Committee, subject to Council approval.
9.5 Commemoration of Traditional Owners
The Provost reported that he had consulted with Council Fellow, Mr Paul Briggs, on this matter. Council resolved to refer to its Indigenous Affairs Advisory Committee for consideration, in consultation with the Building and Estates Committee and Indigenous Partnership Institute, the question whether any, and if so, what form of commemoration of the traditional owners be placed on campus and its location. The Committee would then report back to Council. The Chair of the Committee, Judge Irene Lawson, welcomed this development as did the President of Convocation, who noted that the matter had originally been brought to Council by Convocation.
9.6 Royal Terrace, 272-278 Faraday Street, Carlton
Council noted a proposal for the development of the premises formerly occupied by a Student Housing Co-operative as a Student Engagement Centre. Conservation Architects have recommended careful restoration of this historically significant terrace, which will add approximately $700,000 to the overall cost of the project. It was noted that, despite current financial constraints, it was important to act swiftly to restore these buildings and the project would thus be reprioritised in the Capital Expenditure budget.
- Senior Vice-Principal’s Report [Item B.4]
Council received and noted the Senior Vice-Principal’s Report to Council.
10.1 Performance Against Student Load Targets and Fee Revenue Target
Council noted that the preliminary projections as outlined in the report showed the University was on track to meet its CSP load and international targets comfortably in 2009. The projections will be reviewed in April following the 31 March reporting date.
- Finance Committee[Item C.1(a)]
Council received and noted a report from the Finance Committee Meeting No. 1/2009 held on 19 February 2009.
11.1 Purchase of City Ford Site
Council approved appropriation of additional funds of $1million from Reserves for payment of the purchase price for the City Ford site, noting that this was a major strategic development for the University.
11.2 MelbourneUniversityPublishing Business Plan 2009-2011
Council received the MU Publishing Limited Business Plan 2009-2011 from which it was clear that the business would require additional funding of more than $3million in 2009 in order to continue operations. Council noted that a letter of comfort would be issued at the request of the company’s auditors.
Council approved the recommendation of the Finance Committee that the following funding assistance be provided to MU Publishing for 2009:
- Continued support of $1million
- Continued provision of $1million bank account offset arrangement
- Additional support of up to $2million payable in two equal tranches to enable MU Publishing Limited to trade through cash flow problems but subject to MU Publishing Limited’s satisfactory performance against agreed financial milestones as approved by Finance Committee
- Continued support of Meanjin at $120,000
- Continued support from the Vice-Chancellor’s Strategic Fund of $200,000 toward the Australian Literature Review (ALR)
- Seed investment of $200,000 to bring ALR to online.
Council resolved to establish a committee to review and report to Council the strategic basis on which continued financial support should be provided to MU Publishing Limited by the University. The Committee is to comprise of Professor Warren Bebbington (as chair), the Dean of Arts, the Chancellor and Ms Eda Ritchie (current Board member), with power to co-opt.
- Finance Committee [Item C.1(b)]
Council received and noted a report from the Finance Committee Meeting No. 2/2009 held on 12 March 2009.
12.1 Year 2008 Financial Statements
Council received Financial Statements for the year 2008 incorporating changes made by Finance Committee on 11 March, but not including an item identified by the Auditors on 13 March in relation to an impairment adjustment to the UMEE result of $113,000, and various changes to minor details, which were identified since 12 March.
Council resolved:
- to adopt the Financial Statement subject to -
- Council members being provided on the following day with those changes;
- The Chairs of the Finance Committee and Audit and Risk Committee settling, in consultation with the Chief Financial Officer, the final version of Financial Statements
- to note that the University will receive an audit qualification in relation to the treatment in the Financial Statements of Research Income in Advance; and
- to authorise the Vice-Chancellor and Chief Financial Officer to sign the Financial Statements as so settled on behalf of the University.
[Note: The final Financial Statements were circulated and approved on Tuesday, 17 March].
Council noted that, notwithstanding that the University’s operating surplus was approximately $21.6million the Financial Statements for 2008 would show a loss of $210million (consolidated $245.7million) due to the necessary accounting treatment of the significant decline in the value of its investment portfolio.
- Academic Board [Item C.2]
Council received and noted the report of Academic Board Meeting No. 1/2009 held on 26 February 2009.
13.1 Student Award
Following Council’s resolution to delegate to the President of the Academic Board all approvals of awards and scholarships up to a value of $10,000 each, provided they are not governed by Trust Regulations (minute 7.3.1 above), Council approved an amendment to the following student award:
- Dixson Scholarship (Appendix D of the report).
- Audit and Risk Committee [Item C.3(a)]
Council received and noted a report of the Audit and Risk Committee Meeting No. 4/2008 held on 10 December 2008.
- Audit and Risk Committee [Item C.3(b)]
Council received and noted a report of the Audit and Risk Committee Meeting No. 1/2009 held on 11 March 2009.
- council nominations and govenance Committee [C.5]
Council received a report of the Council Nominations and Governance Committee Meeting No. 1/2009 held on 12 February 2009.
16.1 Appointment of Chair of the VCA Advisory Board and subsequent Appointment to Council
Council endorsed the appointment of Mr Noel Turnbull as Chair of the VCA Advisory Board from 19 February 2009 to 31 December 2009, in accordance with s.4(5) of Regulation 5.5.R1. Further, it endorsed his appointment to Council for the remainder of the term of office of the previous Chair of the Board, Ms Lynne Landy until 31 December 2009.
- Remuneration and Employment Conditions Committee [C.7]
Council received and noted a report of the Remuneration and Employment Conditions Committee Meeting 1/2009 held on 10 March 2009.
17.1 Establishment of Pro-Vice-Chancellor Positions within the Research Portfolio
Council approved the Committee’s recommendation to establish the positions of Pro-Vice-Chancellor (Research Collaboration) and Pro-Vice-Chancellor (Research Partnerships) in addition to the existing position of Pro-Vice-Chancellor (Research), as recommended by the Deputy Vice-Chancellor (Research) and supported by the Vice-Chancellor.
- Legislation and Trusts Committee [Item C.8]
Council received and noted the report of the Legislation and Trusts Committee Meeting No. 1/2009 held on 2 March 2009.
18.1 Statute for Submission to Council
Council approved the amendment of the following Statute, as detailed in Appendix A of the Report:
(1) Amendment of Statute 15.2 recommended by the Provost To reflect changes in the regulation of sport at the University and in the terms under which amenities and services to support sport are provided (09/09) 18.2 Trust Regulations for Submission to Council
Council approved the amendment, revocation or re-making of the following Trust Regulations:
(1) Making of a regulation recommended by the Trusts Lawyer on the advice of the Faculty of Science To govern The Dr Jean E Laby Bursaries (04/09) (2) Revocation and re-making of Regulation R6.99 recommended by the Projects Lawyer – Trusts on the advice of the Faculty of Science To update the terms of The Dieul-Kurtzweil Scholarships (10/09) (3) Revocation and re-making of Regulation R6.218 recommended by the Trusts Lawyer on the advice of The Bronwyn Jane Adams Memorial Awards Committee To update the terms of The Bronwyn Jane Adams Memorial Awards (24/09) (4) Amendment of Regulation R6.124 recommended by the Projects Lawyer – Trusts on the advice of the Faculty of Science and the Faculty of Medicine, Dentistry and Health Sciences To govern the John and Allan Gilmour research Awards (03/09) (5) Amendment of Regulation R6.151 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Sir Charles Lowe Prize (05/09) (6) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Graduate School of Education To govern The George Bryce McIndoe Prize (06/09) (7) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of the Faculty of Science To govern The T F Ryan Prize for Anatomy (07/09) (8) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Graduate School of Education To govern The Alice Taylor Scholarship (08/09) (9) Amendment of Regulation R6.224 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Graduate School of Education and Melbourne Law School To govern The Valerie and Lawrence Kennedy Scholarships Fund (11/09) (10) Amendment of Regulation R6.72B recommended by the Projects Lawyer – Trusts on the advice of the Faculty of Science To govern The John MacFarland Exhibition (12/09) (11) Amendment of Regulation R6.22 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern the John Madden Exhibitions (13/09) (12) Amendment of Regulation R6.187 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Tom Zucker Scholarship in Labour Relations (15/09) (13) Amendment of Regulation R7.75 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern the Spero Wilson Memorial Fund (16/09) (14) Amendment of Regulation R7.75 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Russell Hayman Memorial Fund (17/09) (15) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Alastair Nicholson Memorial Scholarship (18/09) (16) Amendment of Regulation R6.149 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Sir George Paton Prize (19/09) (17) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Sir Rupert Hamer Prize (20/09) (18) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Edward Walter Outhwaite Prize (21/09) (19) Amendment of Regulation R6.52 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern the Sir George Turner Exhibition (22/09) (20) Amendment of Regulation R6.72 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Robert Craig Exhibitions (23/09) (21) Amendment of Regulation R6.232 recommended by the Projects Lawyer – Trusts on the advice of Melbourne Law School To govern The Faculty of Law Scholarships Fund (25/09) (22) Making of a regulation recommended by the Vice-Principal and General Counsel on the advice of the Faculty of Arts To govern The Altajir Lectureship in Middle East and Islamic Studies (35/08)
18.3 Legislation and Trusts Report
- Committee of Convocation [Item C.9]
Council noted that, in accordance with its Terms of Reference, the Legislation and Trusts Committee elected Mr Richard Hamer as Vice-Chairperson of the Committee.
Council received the report of the Committee of Convocation Meeting No 10/2008 held on 17 December 2008 and noted that the Ordinary Annual Meeting of the Committee will be held on 23 April 2009.
- Melbourne Theatre Company Board of Management [Item D.1(a)]
Council received the report of the Melbourne Theatre Company Board of Management Meeting No. 10/2008held on 12 December 2008.
- Melbourne Theatre Company Board of Management [Item D.1(b)]
Council received the report of the Melbourne Theatre Company Board of ManagementMeeting No. 1/2009 held on 20 February 2009.
- The Ian Potter Museum of Art board [Item D.1(c)]
Council received the report of the Ian Potter Museum of Art BoardMeeting No. 6/2008 held on 10 December 2008.
- The Ian Potter Museum of Art board [Item D.1(d)]
Council received the report of the Ian Potter Museum of Art BoardMeeting No. 1/2009 held on 3 February 2009.
- Summary of Reports of Matters Dealt with by the Vice-Chancellor on behalf of Council[Items D2]
24.1 Approval of Changes to Regulations under Authority of Statute [D.2(a)]
Council noted that under the authority given to the Vice-Chancellor by the University Statutes, he had made amendments to Regulations as follows:
6.1.R7 Attachment A: Centres and Institutes for Research and Research Training
24.2 Sealed Documents and Other Matters Report (Confidential) [D.2(b)]
Council received the summary of reports of sealed documents and other matters approved on behalf of Council by the Vice-Chancellor, as set out in Item D2(b).
The meeting closed at 7.00pm.