Campuses split over free speech

University chancellors endorse free speech model, trumping objections of their vice-chancellors.

Peter Varghese, chancellor of the University of Queensland.

Australia’s university chancellors have endorsed the free speech model for campuses proposed by former High Court chief justice Robert French, trumping the objections of their vice-chancellors and Universities Australia, the sector’s main representative body.

In a meeting last month, the chancellors, who chair universities’ governing boards, pulled rank on the vice-chancellors, who run the day-to-day affairs, declaring their support for the French model code.

“The decision was made to approve the model code in principle,” said Mr French, who was at the May 20-21 meeting in Melbourne in his capacity as chancellor of the University of Western Australia.

The chancellors’ decision contrasts sharply with the position of Universities Australia, which is run by vice-chancellors and has declined to back the French model. Mr French recommended that the model code should override university administrative policies and codes of conduct and ensure that lawful freedom of speech was “a paramount value” only restricted by law, reasonable regulation of access and the discharge of a duty of care to staff, ­students and visitors.

Chancellors, who are in a similar positions to the chairmen of major companies, are usually ­eminent people with a long established reputation in business, politics or government.

Aside from Mr French, other chancellors at the meeting that gave in-principle backing to the free speech code included former Victorian premier John Brumby from La Trobe University, former NSW premier John Fahey from the Australian Catholic University, former Tasmanian premier ­Michael Field from the University of Tasmania, former Liberal senator Chris Ellison from Notre Dame University, Peter Shergold from Western Sydney University and Terry Moran from Federation University, who are both former heads of the Prime Minister’s ­Department, former Foreign ­Affairs Department head Peter Varghese from the University of Queensland, former defence force chief Angus Houston from the University of the Sunshine Coast, and Australia Post chair John Stanhope from Deakin University.

The chancellors’ decision to ­assert their authority was made at a scheduled meeting of the University Chancellors Council at Deakin University. It was held concurrently with a regular, separate meeting of vice-chancellors ­arranged by Universities Australia.

At the meeting, the chancellors affirmed that freedom of speech was a governance issue in universities and, as such, was a responsibility that sat with them and the institutions’ governing bodies, not the vice-chancellors.

The chancellors made their ­decisions following a presentation from Mr French about his free speech review and the accompanying model code, developed in response to a request from Education Minister Dan Tehan.

The vice-chancellors had been invited to join the briefing from Mr French. However, the invitation was declined through Universities Australia.

Asked to confirm whether the vice-chancellors had declined the opportunity for a briefing from Mr French, Universities Australia chief executive Catriona Jackson said it would be improper to ­discuss the content of meetings. However, she added that uni­versity leaders and governing ­bodies were as one in their abiding commitment to freedom of ­expression and academic freedom, and universities were giving Mr French’s report “very serious ­consideration”.

One vice-chancellor, Western Sydney University’s Barney Glover, yesterday backed the French free speech code. “I think the model code has merit and is ­worthy of consideration,” he said.

Professor Glover said the code would be considered by WSU’s governing council at a meeting in August. He said the university would also develop its own charter that he expected to be consistent with the model code. Monash University vice-chancellor Margaret Gardner said her university would not be implementing the model code but added that its policies and regulations affecting free speech were nearly all in line with it.

Additional reporting: Greg Brown