Australiaâs government has stepped up pressure on universities to adopt a voluntary free speech code recommended by an independent reviewer after rejecting another of the reviewerâs optional recommendations.
In an escalation of the shadow boxing over free speech on campus â a contentious issue despite a widely held view that it is not in âcrisisâ â education minister Dan Tehan chastised universities for âburying their heads in the sandâ.
âItâs time for our universities to stand up and defend free speech and freedom of academic inquiry,â Mr Tehan wrote in . âThey should start by implementing Robert Frenchâs model code.â
Mr French, a former chief justice and current chancellor of the University of Western Australia, was conscripted to examine freedom of speech on campus last November. His , released ahead of the May federal election, included a code that universities could choose to adopt to ârestrainâ the inadvertent use of their rules and regulations to limit free speech.
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Mr French said such unintended consequences could also be minimised if references to freedom of speech and academic freedom were âclarifiedâ in the higher education legislation and standards. Although such amendments were not essential, they would be âpreferableâ, he said.
The government immediately rejected this recommendation. âAs Mr French makes very clear, the model code can be adopted without the suggested changes to the act and standards,â Mr Tehan said in April.
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Times Higher Education asked Mr Tehan if he thought universities were taking too long to decide whether to adopt the model code, and why he had criticised them for not yet agreeing to one optional recommendation when he had rebuffed another.
His office declined to answer, instead referring THE to the governmentâs pre-election commitment to âensure that freedom of speech is protected on campus through a voluntary codeâ. The said that if universities did not subscribe to the code, the government would boost the powers of the higher education regulator âto ensure freedom of speech is protectedâ.
It is not clear that such a move is warranted because universities are actively considering the model code.
John Dewar, vice-chancellor of La Trobe University, said his institution had âestablished a working party to consider the implementation of the codeâŠwith a view to implementation by the end of the yearâ.
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Australian Catholic University vice-chancellor Greg Craven said he had asked his general counsel to produce a draft code modelled on the French proposal. Chancellor John Fahey said its implementation would necessitate âa wholesale review of all university statutes and policies that may interact with the codeâ.
The University of Sydney said its senate had discussed the French report in May, and would revisit the issue in July to âconsider whether we can adopt the model code outright or embed its principles within our existing policy frameworksâ.
Meanwhile, the University of Melbourne has unveiled a free speech policy initiated before Mr French announced his findings. A spokeswoman said Melbourneâs policy had been developed independently of the French code but both were âalong the same linesâ.
The University of Western Australia said it had established a âfreedom of expression working groupâ before the review by Mr French, its chancellor, had been commissioned. It said the groupâs recommendations, accepted by the senate in May, would âprovide a pathway to decision-making on freedom of speech mattersâ.
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