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Whistleblower row university limits governing body鈥檚 powers

New rules at Murdoch limit staff members who senators can speak to and remove obligation to report corruption to external watchdog

Published on
December 18, 2019
Last updated
December 18, 2019
Source: Getty
Can鈥檛 talk: there are restrictions on discussing senate topics outside meetings

An Australian university that is alleged to have brushed off internal warnings about its overseas enrolment and was later sanctioned by the聽government聽over its foreign student intake has curtailed powers that could help its governing body investigate future failures.

Under sweeping changes to their binding guidelines, Murdoch University senate members with concerns about the institution鈥檚 operations may seek information only from Murdoch鈥檚 senior executives or other approved contact people.

If they are unhappy with the results of their enquiries, they are instructed to seek redress through the university鈥檚 regular complaints process. They are also barred from discussing anything they learn in senate meetings with anybody who was not present at the meetings, unless it has been disclosed in senate minutes.

The university said it has adopted these instructions, set out in a recently revised called the 鈥淪enate statement of governance principles鈥, as part of 鈥渋ts ongoing commitment to improving Murdoch鈥檚 governance standards鈥.

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Asked why the changes were considered necessary and how they had improved governance standards, a Murdoch spokeswoman said the document was 鈥渞eviewed regularly and benchmarked to ensure that it remains in line with current best practice governance鈥.

The changes, the spokeswoman added, had been 鈥渕ade by resolution of senate. As set out in the senate statement of governance principles, details of discussions at senate meetings are confidential.鈥

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探花视频 understands that the changes to the document were made earlier this year, after the senate鈥檚 staff-elected academic member 鈥 mathematician Gerd Schr枚der-Turk 鈥 raised concerns in the senate about Murdoch鈥檚 recruitment of foreign students.

In May, Dr Schr枚der-Turk went public with his concerns in an ABC Four Corners broadcast. He accused Murdoch of enrolling Indian students with inadequate English language capabilities, 鈥渟etting them up for failure鈥 in a revenue drive to address the university鈥檚 鈥渦nsustainable鈥 budgetary position.

Days later, the senate took steps to remove him as a member. After Dr Schr枚der-Turk launched court action to prevent this, Murdoch filed a cross-claim suing him for the millions of dollars it claimed to have lost from its international operations because of his media statements.

According to documents filed in the Federal Court of Australia, Dr Schr枚der-Turk claimed that the issues he had raised warranted his attention as a member of the senate because they posed a risk to the reputation of the institution.

The documents say his media disclosures were 鈥渕ade honestly and in good faith鈥o protect the welfare of students and staff鈥 after his attempts to raise his concerns in the senate had been 鈥渋nvestigated and dismissed鈥.

He was told, the documents say, that his complaints 鈥渨ere serious allegations made on broad terms with very little to no evidence supporting them鈥, and that an investigation by an independent barrister had found the allegations to be mostly 鈥渦nsubstantiated鈥.

In September, a decision by the Department of Home Affairs suggested that it had come to a different conclusion about the suitability of Murdoch鈥檚 overseas recruitment, raising the university鈥檚 immigration risk rating to level three, the worst possible setting.

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The rating reflects the proportion of Murdoch students or would-be students who had lodged unsuccessful or fraudulent visa applications, had had their visas cancelled, had overstayed their visas or had subsequently applied for protection visas.

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The changes to Murdoch鈥檚 governance guidelines also removed on senators to alert the chancellor to senate actions that conflicted with its public duty, and to report potentially corrupt or illegal activities to Western Australia鈥檚 Corruption and Crime Commission (CCC).

Alison Xamon, a Murdoch alumna, former Murdoch senator and current Western Australian member of parliament, said that she was 鈥渁bsolutely appalled鈥澛燽y her alma mater鈥檚 efforts to 鈥渆ffectively stifle appropriate governance鈥.

鈥淭he idea that people are not going to be able to consult with their colleagues, to ensure that the best decisions are being made in the interests of the university, just defies common sense. I聽don鈥檛 understand why they are putting so much energy in trying to cover up dissent rather than dealing with issues which keep getting raised,鈥 she said.

Last month, the conference of Australia鈥檚 Tertiary Education Quality and Standards Agency (TEQSA) heard that governing body members had a responsibility to investigate further when they came across troubling information about their universities鈥 activities.

鈥淒iscuss with your colleagues. Engage. Talk. That鈥檚 your responsibility,鈥 higher education strategy expert Mark Douglas told delegates in a workshop titled 鈥淎cademic governance issues related to admission standards of overseas students鈥.

Governance expert Hilary Winchester said that governing body responsibilities were clearly laid out in the (HESF) underpinning TEQSA鈥檚 regulation of universities.

Sections of Murdoch鈥檚 revised senate guidelines that outline the senate鈥檚 responsibilities and powers do not appear to list important requirements set out in the HESF, including an obligation on the governing body to ascertain that formal complaints, allegations of misconduct and critical incidents are 鈥渕onitored and action is taken to address underlying causes鈥.

This is not the first time that governance at Murdoch has come under scrutiny. In a 2016 into a Murdoch scandal that precipitated the departure of Richard Higgott as vice-chancellor, the CCC warned that a university senate 鈥渕ust have a system of robust and continual governance鈥.

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鈥淭he relationship between a senate, usually represented by the chancellor and a vice-chancellor, must be one of trust, openness and honesty,鈥 the report says. 鈥淧rofessor Higgott, when vice-chancellor, did not live up to that trust. This report illustrates what happens when a vice-chancellor does not act with probity and a senate fails to effectively articulate the parameters within which a vice-chancellor should act.鈥

john.ross@timeshighereducation.com

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Print headline聽Whistleblower row campus curtails senate鈥檚 powers

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