Draft Terms of Reference: Adoption of Model Code on Freedom of Speech and Academic Freedom

Adoption of the Model Code recommended by the Hon Robert French AC in his 2019 Review of Freedom of Speech in Australian Higher Education Providers, on a voluntary basis, is intended to ensure a culture of free speech and academic freedom is strongly embedded in institutions across the Australian higher education sector.

All universities have agreed to implement the Code by the end of 2020.

The Minister for Education has asked Professor Sally Walker AM to review implementation of the Model Code by universities, to offer institutions with advice and suggestions on options to address any evident gaps in policies and to provide the Minister with advice on the overall alignment of relevant polices across the university sector with the principles of the Model Code.

Prof Walker’s advice is intended to help and support sector-wide adoption of and consistency with the principles of the Model Code, while acknowledging the autonomy of universities to adapt the Model Code to each institution’s particular context and circumstances.

Prof Walker will:

1. Validate the alignment of universities’ suite of relevant policies with the principles of the Model Code on freedom of speech and academic freedom in higher education providers;

2. Consider whether there are areas of particular strength or weakness in institutional responses and offer any suggestions to institutions where she considers alignment with the Model Code could be improved;

3. Identify exemplars of particularly good practice that could be shared or promoted within the higher education sector;

4. Provide advice to the Minister for Education on the overall alignment of universities policies with the principles of the Model Code and, if warranted, any suggestions on how the alignment could be further improved.

5. Provide advice to the Minister for Education on whether the Code needs further refinement or change.

Prof Walker will complete her task and provide advice to the Minister for Education by November 2020.

Prof Walker was formerly Vice Chancellor of Deakin University. Prior to that, she was a practising lawyer and the Hearn Professor of Law at University of Melbourne where she was President of the Academic Board.

Prof Walker will be supported by the Department of Education, Skills and Employment.

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