Every Australian university has adopted Morrison government’s free speech code

Every university in the country has now adopted a robust framework to protect freedom of speech among academics.

Former James Cook University Professor Peter Ridd at the High Court. Picture: Rohan Thomson

Every university in the country has now adopted a robust framework to protect freedom of speech among academics, ending a two-year Morrison government push to introduce a model code for the higher education sector.

As of this month, all 41 universities in Australia have either fully implemented the model code for academic free speech – designed by former chief justice Robert French in 2019 – or created pro-free speech policies that completely align with the code.

The university sector’s major milestone on free speech comes as the High Court is to decide if marine physicist Peter Ridd was fairly sacked by James Cook University for criticism of colleagues and their research into climate change and the Great Barrier Reef.

Education Minister Alan Tudge – who previously threatened to make the model code law if universities did not implement it – said on Tuesday the successful implementation of the code would help to ensure opposing viewpoints flourish on campus.

“If universities are not places for free, robust speech, then their very purpose is jeopardised. You cannot advance knowledge without challenging existing orthodoxies, and risk causing offence in the process,” Mr Tudge said.

“Freedom of expression is the most fundamental foundational principle of a university. Academics who don’t believe in free speech, or cannot handle someone challenging their work, should not be at a university.

“This is not going to fix every problem, but it is a very significant step in the right direction.”

Just a year ago, a review of the code’s implementation found many universities were lagging, despite universities being hit by a series of accusations of censorship and a growing culture of silencing controversial opinions. Only nine of the nation’s 41 universities had fully embraced the model code, despite every university agreeing in 2019 to implement it.

The model free speech code does not cover university student organisations but Mr Tudge revealed last July he was considering cutting off funding to student groups that try to stop the airing of views they oppose on campus.

Dr Peter Ridd outside Parliament House in Canberra.

That move came after the Australian National University student union was revealed to have blocked the Australian Defence Force from setting up a stall at a student market day.

Universities have been embroiled in numerous free speech controversies in recent years, from protests against writer Bettina Arndt’s uni speaking tour on campus rape, to accusations higher education executives suppressed criticism of China on campus.

The High Court on Wednesday morning will unveil its judgment on Professor Ridd’s more than three-year battle with his old university over his dismissal.

Chief Justice Susan Kiefel and the full bench of the court heard last August that Dr Ridd’s sacking from James Cook over his clashes with colleagues on the state of the reef was “unlawful” as it contravened free speech clauses in his enterprise agreement.

But JCU, represented by barrister Bret Walker SC, told the court there were limits to how Dr Ridd was allowed to conduct himself and the rights of his colleagues also had to be protected.

Dr Ridd had previously told Sky News research bodies such as the Australian Institute of Marine Science could “no longer be trusted”, and privately accused colleagues of “doom science about the Great Barrier Reef”. A 2019 Federal Circuit Court decision found Dr Ridd had been unfairly dismissed, awarding him $1.2m in compensation.

But the Townsville-based university last July won an appeal at the Federal Court.