The governance crisis at the Australian National University (ANU) has taken a new turn, with revelations that legal advice was allegedly withheld from the university council. This development adds a layer of complexity to an already tumultuous period for Australia's peak research university.
The Withheld Advice
According to an email obtained by The Saturday Paper, interim vice-chancellor Rebekah Brown concealed legal advice from the university council. The advice, provided by former High Court justice Patrick Keane, KC, confirmed that the higher education regulator, TEQSA, lacked the authority to intervene in the selection of the university's next chancellor. This advice was crucial as the council debated whether to accept a voluntary undertaking with TEQSA, which would significantly restrict their appointment process.
A Governance Crisis Unfolds
The email, sent by then-chancellor Julie Bishop, details a timeline of events leading up to the council's decision. It reveals that Brown instructed legal counsel to seek urgent advice on TEQSA's powers, yet failed to disclose this advice to council members. This omission occurred during critical discussions about the voluntary undertaking, which ultimately gave TEQSA the right to appoint key members of the selection panel and required the council to provide reasons for any rejection of the panel's preferred candidate.
Implications and Reactions
The withholding of this legal advice has sparked outrage and concern among council members. Bishop, in her email, expressed her belief that the council's deliberations would have been vastly different had they been aware of the advice, particularly regarding the possibility of a Federal Court challenge. This raises questions about the transparency and accountability of the interim vice-chancellor's actions.
Defending Actions
In response to inquiries, an ANU spokesperson defended Brown's actions, stating that she acted appropriately and responsibly. They emphasized that the council had legal advice before agreeing to the voluntary undertaking and that the appointment decision remained with the council. However, the spokesperson's statement does not address the specific allegation of withholding advice, instead focusing on the broader context of TEQSA's concerns about governance.
Broader Impact and Concerns
The governance crisis at ANU has wider implications for the higher education sector. Universities Australia chief executive Luke Sheehy has expressed concerns about overregulation, stating that the sector feels the balance is wrong. The behavior of TEQSA, particularly the volume of correspondence with ANU, has raised alarms among university leaders. Additionally, the withholding of an independent compliance assessment, which could potentially lead to the forced spill of the entire university council, adds to the sense of unease.
A Troubling Trend
What makes this particularly fascinating is the potential pattern it reveals. The series of events, from the $250 million restructure resisted by staff and students to the bullying investigation and allegations of a freedom of information cover-up, suggests a deeper issue within the university's governance. Personally, I think it's crucial to examine these incidents collectively to understand the underlying dynamics and potential systemic failures.
Conclusion
The governance crisis at ANU serves as a cautionary tale, highlighting the importance of transparency and accountability in institutional decision-making. As the university navigates these challenging times, it is essential to address the root causes of these issues to ensure a stable and effective future. From my perspective, this episode underscores the need for robust governance practices and a commitment to ethical leadership in higher education institutions.
