Should higher education providers have double academic freedom regulation?

Last week the government released a new legal definition of academic freedom and freedom of speech on campus for consultation,  following a recommendation made by the French review of free speech in Australian higher education. The new legal definitions align with a model university-level policy that French supported and the education minister, Dan Tehan, has been encouraging universities to adopt. I have reservations about the wording that I have explained in another blog post. This post is a more technical one about the definition’s role in the higher education regulatory structure.

The new academic freedom definition would apply to the Higher Education Support Act 2003  (HESA) which is the funding legislation, and the Tertiary Education Quality and Standards Act 2011, which is the main academic legislation. Amendment of the TEQSA legislation, and the consequent changes to the Higher Education Threshold Standards, are the more significant.

To be registered at all by TEQSA, a higher education provider would need to have a clearly articulated higher education purpose that includes a commitment to and support for freedom of speech and academic freedom (currently ‘free intellectual inquiry’). A subsequent section places responsibility on the provider’s governing body to ‘develop and maintain an institutional environment in which freedom of speech and academic freedom is upheld and protected’ (currently ‘freedom of intellectual inquiry’).Read More »

Do students have academic freedom? (And other issues with the proposed legal definition of ‘academic freedom’)

The Government is planning to amend the Higher Education Support Act and the Tertiary Education Quality and Standards Agency Act to strengthen campus protections of academic freedom and freedom of speech. Last week it released for consultation a new legal definition of academic freedom.

While I strongly support freedom of speech and academic freedom (and have a newly-acquired personal vested interest in academic freedom), I have reservations about the proposed definition.

The French review of freedom of speech in Australian higher education, which is the basis of the proposed amendments, recognised that freedom of speech and academic freedom are related but distinct concepts. But the proposed legal definition blurs them.Read More »

The hardline voluntary student union option, and other things from the latest release of Cabinet papers

As in 2019, this year’s 1 January release of old Cabinet papers reveals new details about the Coalition’s internal debates about higher education. However, this time I am less of a disinterested observer, as the 1998 and 1999 papers made public today include the time when I was higher education adviser to the then education minister, Dr David Kemp.

There are several topics discussed – the government’s response to the West review of higher education, voluntary student unionism, and the 1999-2000 Budget. For me the common thread, apart from the portfolio area, is Dr Kemp’s efforts to maintain, despite competing fiscal and political pressures,  the policy and political conditions needed for an intellectually coherent higher education policy. He was headed to a major higher education reform Cabinet submission later in 1999 (not in this official release, but it was leaked twenty years ago).

When the Howard government came to office in 1996 its first priority was bringing the Budget back into balance. In higher education, this led to cuts to per student subsidies in higher education with offsetting increases in HECS charges, cuts to student places, and a reduced income threshold for repaying HECS debt.

As I have observed before, often the Coalition ends up with not so much a higher education policy as a fiscal policy with implications for higher education. But in 1996 they knew that quickly-made budget-driven decisions were not the basis of long-term policy, and commissioned a broader examination of higher education policy, which turned into the West review. (One of my tasks as a ministerial adviser was liaising with its chair, Roderick West, a retired school headmaster with no public policy experience. The technocrats were running rings around him, but you have to admire someone who can incorporate quotations from ancient Greeks and Romans into an Australian government policy report, as he did in his chairman’s foreword.)Read More »