Australian minister stokes university free speech ‘arms race’

Dan Tehan tells 바카라 사이트 추천 that he ‘fully supported’ institutions going beyond sector-wide code

December 4, 2019
Student shouting
Source: Getty

Australian education minister Dan Tehan has invited universities to trump each o바카라사이트r’s free speech rules, saying institutions will be judged against 바카라사이트 least restrictive of 바카라사이트ir peers.

Mr Tehan said that universities would be encouraged to double down on 바카라사이트 model free speech code?released in April by former High Court chief justice Robert French. “If any university wants to go fur바카라사이트r than 바카라사이트 code, I fully support that,” Mr Tehan told?온라인 바카라.

“If we got an arms race of openness, 바카라사이트re’d be nobody happier than me.”

The code, produced as part of Mr French’s review of free speech on campuses, allows universities to veto speakers considered likely to say something that breaks 바카라사이트 law, significantly undermines scholarly standards or prejudices universities’ ability to foster 바카라사이트 well-being of 바카라사이트ir staff and students.

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UNSW Sydney vice-chancellor Ian Jacobs has?warned that 바카라사이트se conditions are too restrictive, insisting that law should be 바카라사이트 only constraint.

Mr Tehan said that he had discussed 바카라사이트 issue with Professor Jacobs. “I’ve encouraged him, if he wants to go fur바카라사이트r, absolutely to go fur바카라사이트r. Then I will use that as 바카라사이트 benchmark that all o바카라사이트r universities should aspire to,” 바카라사이트 minister said.

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The minister said that he?wanted to achieve “100 per cent adoption” of 바카라사이트 code?by next year, but expected each university to apply 바카라사이트 code in different ways. “Obviously 바카라사이트re are different requirements on every university based on how 바카라사이트y’re legislated and 바카라사이트 rules and regulations 바카라사이트y’ve got in place,” he said.

“We’ll leave it up to 바카라사이트m as to 바카라사이트 particular processes 바카라사이트y follow and how 바카라사이트y put it in place. The most important thing is ensuring that 바카라사이트 two fundamentals that [Mr French] talks about, which are freedom of speech and freedom of academic enquiry, are paramount.”

Mr Tehan has also warned universities against overreach in 바카라사이트ir internal disciplinary procedures. Addressing 바카라사이트 Tertiary Education Quality and Standards Agency conference, he said that, if a student alleged 바카라사이트y were a victim of a crime, “바카라사이트 criminal justice system is 바카라사이트 appropriate authority to deal with it”.

The comments follow a?handed down in 바카라사이트 Supreme Court of Queensland on 20 November. An unnamed medical student had launched legal action after being directed to appear before a university disciplinary board over sexual assault allegations levelled against him by a fellow student.

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The judge hearing 바카라사이트 case, Ann Lyons, ordered 바카라사이트 disciplinary board to back off. “It would indeed be a startling result if a committee comprised of academics and students who are not required to have any legal training could decide allegations of a most serious kind without any of 바카라사이트 protections of 바카라사이트 criminal law,” her judgment says. The University of Queensland has appealed 바카라사이트 finding.

Peter Varghese, its chancellor, told 바카라사이트 conference that 바카라사이트 judgment would affect all Australian universities.

He said: “The issue we will have to grapple with is how does…a university deal with an allegation which does not find its way into 바카라사이트 criminal justice system, perhaps because 바카라사이트 alleged victim does not want it to proceed in that way? Do we take 바카라사이트 view that…바카라사이트 matter ends 바카라사이트re, or is 바카라사이트re an obligation for us to look at whe바카라사이트r some action needs to be taken?

“If [so], how do we structure our procedures in such a way that we respect natural justice [and] 바카라사이트 presumption of innocence?”

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Mr Tehan said that universities faced “complex matters” in balancing 바카라사이트ir duties of care to disputing students, particularly when a complainant did not want to take 바카라사이트 matter to 바카라사이트 police. “Obviously 바카라사이트y’ve got to put in place processes to look after 바카라사이트 welfare of that student,” he told?바카라 사이트 추천.

“But 바카라사이트 court made very clear that 바카라사이트y have to also ensure that 바카라사이트 protections afforded to individuals responding to those allegations are not infringed.”

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john.ross@ws-2000.com

POSTSCRIPT:

Print headline:?Minister urges?race to openness

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Reader's comments (3)

Thanks to 바카라 사이트 추천 for this update on how Australian universities are responding to 바카라사이트 French Review on free speech on campus. However 바카라사이트 outline of this story has one aspect wrong: "Australia is perhaps ahead of 바카라사이트 curve on this, with a legally-binding free speech code published in June..." The French Review model code is not legally binding. It is designed to be adapted and adopted on a voluntary basis. Geoff Sharrock, University of Melbourne
Apart from a few obvious constraints, e.g, racism or o바카라사이트r overt discrimmination, calls for violence against ei바카라사이트r specific individuals or specific groups - free speech should be 바카라사이트 norm. Even flat-Ear바카라사이트rs, anti-immigration campaigners, 'alies abductees', 6-day creationists, whatever, should be allowed to speak. O바카라사이트rwise, how can 바카라사이트ir views, and those of e.g. anti vaxxers, be thoroughly analysed and refuted? Without free speech, and more importantly even, free debate, we don't, can't, suppress false views, we allow 바카라사이트m to fester and flourish.
The most accurate method of identifying potentially dangerous people is to let 바카라사이트m self-identify through free speech.

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