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Murdoch and whistleblower withdraw legal action

Critic to remain on Australian university鈥檚 senate, as institution promises review of governance processes

Published on
June 12, 2020
Last updated
June 30, 2020
Gerd Schr枚der-Turk Murdoch University
Source: Bruce Gardiner

笔别谤迟丑鈥檚 Murdoch University and the staff-elected member of its governing body have dropped legal action against each other, signalling the end of a long-running saga over Murdoch鈥檚 treatment of international students.

In a joint statement with the National Tertiary Education Union (NTEU), Murdoch said a resolution had been reached on legal proceedings involving Murdoch mathematician Gerd Schr枚der-Turk.

Dr Schr枚der-Turk initiated the proceedings over the university鈥檚 attempts to remove him from the senate, after he had criticised its international operations in a May 2019 broadcast of the ABC current affairs programme Four Corners.

He had alleged that Murdoch was admitting Indian students with inadequate English language capabilities, 鈥渟etting them up for failure鈥 in a rush for cash to address the university鈥檚 financial problems.

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Murdoch filed a cross-claim against Dr Schr枚der-Turk in September, alleging that it had suffered 鈥渓oss and damage鈥 as a consequence of his media comments and seeking millions of dollars in compensation.

In January the university announced that it would no longer seek damages from Dr Schr枚der-Turk, although it would persist with its attempt to have him removed from the senate. It said Dr Schr枚der-Turk had breached his duties as a senate member in accordance with the Murdoch University Act.

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鈥淸This matter] is not and has never been about academic freedom,鈥 Murdoch said at the time. 鈥淚t is simply about senate governance.鈥

The joint statement says Murdoch has now permanently withdrawn the senate motion to eject Dr Schr枚der-Turk. 鈥淸He] remains a valued member of both the Murdoch University academy and of the Murdoch University Senate,鈥 it says.

Murdoch will also 鈥渇acilitate a comprehensive and independent review of its senate governance processes鈥, the statement adds. In December, 探花视频 revealed that the university had curtailed senate members鈥 powers to investigate internal issues such as problems in international student recruitment.

Dr Schr枚der-Turk said he was glad that the court proceedings had ended. 鈥淚 look forward to continuing to contribute to the governance of Murdoch University through my membership of its senate, and to contributing to the broader public discussion around governance and international student recruitment practices of public universities.鈥

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He predicted that the case could embolden staff representatives on university governing boards across the country. 鈥淚 hope that in a few years鈥 time we can look back at this case as one that has highlighted the substantial benefit of staff representation.鈥

NTEU president Alison Barnes said the developments marked a 鈥渕omentous day鈥 for academic freedom. 鈥淎ll academics, including those elected onto our university senates, have the right to speak publicly about matters that concern Australian universities, which may include criticism of their own institution.

鈥淭his is fundamental to ensuring that academics are free from the threat of penalty or persecution in the pursuit of truth.鈥

Lawyer Josh Bornstein, who represented Dr Schr枚der-Turk, said the resolution underlined the importance of provisions of the Fair Work Act in protecting 鈥渨histle-blowing employees鈥.

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john.ross@timeshighereducation.com

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