• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Foreign Arrangements
• Risk and Due Diligence
• Education and Communication
• Information
• Section 4 - Reporting
• Section 5 - Procedures
• Foreign Interference
• Risk Assessment
• Foreign Arrangements Working Group

Section 1 - Purpose and Context

(1) This Policy confirms the University's commitment to international collaborative arrangements critical to the success of our teaching and research, and acknowledges that the safety of our people, research, data, and intellectual property is of utmost importance.

(2) This Policy acknowledges the need for a whole of University approach to identify and manage potential threats of foreign interference.

(3) In November 2019, the Australian Government Department of Education, Skills and Employment announced the release of the Guidelines to Counter Foreign Interference in the Australian University Sector. The Guidelines are designed to protect the university sector by guiding decision making, based on potential risks, and provides the context for the development of this Policy.

(4) The Guidelines emphasise that: “A proactive approach by the university sector to the threat of foreign interference helps to safeguard the reputation of Australian universities, protect academic freedom, and ensure our academic institutions and the Australian economy can maximise the benefits of research endeavours” (University Foreign Interference Taskforce, 2019). The Guidelines were first released at the end of 2019, and required reporting to commence in 2021, with required ongoing compliance by universities.

(5) The purpose of this policy is to:

1. establish the principles by which the University will identify, assess and manage foreign interference risks
2. operationalise the University's commitment to countering foreign interference
3. provide information and support to staff on the potential threats of foreign interference
4. ensure that research, collaboration and education activities are mindful of the risks of foreign interference
5. ensure collective responsibility and individual accountability are proportionate to the risk
6. assist in safeguarding the University's assets: our people, intellectual property, finance and reputation.

Section 2 - Definitions

(6) For the purposes of this Policy, the following definitions apply, as well as Policy DDS Glossary definitions:

1. Communications and disbursement activities means where a person produces, communicates or distributes information or material to the public, or disburses money or things of value  (refer to the Foreign Influence Transparency Scheme Act 2018 (Cth) definitions).
2. Foreign arrangement means any written arrangements, agreements, contracts, understandings or undertakings between State and Territory entities and foreign entities, which may or may not be legally-binding, in accordance with Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth).
3. Institutional autonomy means, for universities, not being majority controlled by governments; nor being mandated to have a majority of its governing bodies’ membership appointed by, or affiliated with, a political party or government; nor its educational practices, research, or academic staff being governed by law to participate or serve political principles and political doctrines in relation to their teaching, research, discussions, publications or public commentary.

Section 3 - Policy Statement

Foreign Arrangements

(7) The University will comply with the ‘Guidelines to Counter Foreign Interference in the Australian University Sector’ developed by the University Foreign Interference Taskforce (UFIT). Refer to the Guidelines to Counter Foreign Interference in the Australian University Sector.

(8) The University takes a proactive approach to contribute to the protection of Australia’s sovereignty, values, and national interests from foreign interference.

(9) The University will work collaboratively with the Australian government, the higher education, and other relevant sectors, to enhance capability, deter perpetrators and defend against acts of foreign interference.

(10) The University will enhance our capability to safeguard against foreign interference through key University policies, processes and procedures, governance and communication, and increased staff awareness via education and training.

(11) The University has a strong commitment to academic freedom, and the globally engaged nature of our University enables us to make innovative research discoveries and educate the world’s best students.

(12) With evolving global challenges and threats, particularly to our intellectual property and digital services, the University will safeguard our people, research, systems, and intellectual property.

(13) Attempts to breach the University's security will be mitigated via appropriate risk management strategies, robust due diligence processes, and the education of staff and students.

Risk and Due Diligence

(14) The University's governance and risk frameworks promote and strengthen a positive safety and security culture that builds resilience to foreign interference and enables risk and due diligence checks of foreign arrangements.

(15) Foreign interference risks are included in risk frameworks, policies, and procedures and are responsive to activities covered by federal and state legislation, regulations, and codes of conduct such as the Defence Trade Controls Act 2012 (Cth), the Autonomous Sanctions Act 2011 (Cth) and associated legislation, and the Foreign Influence Transparency Scheme Act 2018 (Cth).

(16) Due diligence processes for international collaborations, contracts, partnerships, or alliances will be proportionate to the risk, taking account of the potential foreign interference and reputational risks.

(17) Research collaborations due diligence will be based on the combined sensitivity of the research topic and the potential research partner.

Education and Communication

(18) Communication and education on foreign interference is included in communication strategies and education and professional development programs to raise awareness of foreign interference risks and to equip decision-makers with the knowledge to enable levels of vigilance proportionate to the risk.

(19) The University is committed to knowledge-sharing across the sector and with the Commonwealth, about emerging risks and experiences of foreign interference.

(20) The University provides education and support to research staff and Higher Degree Research and other research students to enhance their capacity to assess and mitigate risk in their research projects.

Information

(21) The University protects information held on digital systems through robust cyber security strategies, associated action plans, and engaging with Government and external stakeholders as required. Refer to:

1. Cyber Security Policy
2. Email and Internet Policy
3. Research Data Management Policy
4. Privacy Policy.

Section 4 - Reporting

(22) The University has internal processes for the notification of foreign arrangements by staff and students, to ensure compliance within our statutory reporting obligations under the Foreign Influence Transparency Scheme Act 2018 (Cth), Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth), Autonomous Sanctions Act 2011 (Cth) and the Defence Trade Controls Act 2012 (Cth).

(23) The University will maintain transparent and robust reporting.

(24) The University's policies, such as the Conflict of Interest Policy, mandate reporting obligations aiming to: identify staff with financial interests, or who may hold a financial interest in a potential partner organisation or provider, affiliations with international institutions, incorporate secondary staff employment, and guarantee adherence to export control laws and other relevant regulations.

(25) The University requires staff to comply with the Defence Trade Controls Act 2012 (Cth) and the Autonomous Sanctions Act 2011 (Cth) by reviewing requirements, alerting the University of any potential breaches, and where necessary, submitting notifications through relevant government portals:

1. Defence and Strategic Goods List (DSGL) Self-Assessment Guide
2. DFAT Sanctions List.

(26) University staff who are undertaking the following on behalf of, or in collaboration with, a foreign principal, will submit a notification via the Foreign Influence Transparency Scheme notification portal:

1. parliamentary lobbying
2. general political lobbying
3. communications and disbursement activities.

Section 5 - Procedures

Foreign Interference

(27) Where a University staff member identifies a risk of foreign interference in relation to student or staff conduct, their supervisor must be notified, who will escalate the matter to the Foreign Arrangements team as soon as identified (contact details are available on the Foreign Arrangements Scheme webpage).

(28) The Foreign Arrangements team will assess the risk and consider what mitigation measures are required, including:

1. conducting further due diligence checks of the activity, partner or staff member
2. determining if further contractual protections are necessary before entering into an arrangement
3. recommending that engagement in the arrangement be reconsidered, or reported to the Department of Foreign Affairs and Trade (DFAT)
4. requiring any other action to be undertaken proportionate to the risk including, where appropriate, by recommending that:
   1. actions of foreign influence be reported through relevant internal channels to review
   2. the University not proceed with the proposed arrangement
   3. the foreign arrangement be reported to DFAT either via the Foreign Arrangements Portal.

Risk Assessment

(29) The assessment of risk will be completed through a comprehensive review of arrangement’s compliance and history, including the requirement of:

1. a review of the research/partnership scope against the Defence and Strategic Goods List 2021
2. a review of the research/partnership scope against areas of Critical Infrastructure 
3. a review of collaborative history between Western Sydney University and the partner entity
4. an investigation into the partner entities’ history, including but not limited to: research topics, collaboration in restricted research (such dual use technologies and the Defence and Strategic Goods List 2021) and compliance with the Modern Slavery Act 2018, or the inclusion of an individual or entity identified within the Department of Foreign Affairs Trade Consolidated Sanctions List
5. valuation against the Academic Freedoms Index and institutional autonomy
6. the completion of a Foreign Interests disclosure.

Foreign Arrangements Working Group

(30) The Foreign Arrangements Working Group is Chaired by the Senior Deputy Vice-Chancellor and Vice-President, Research, Enterprise and Global, with representation from a range of areas across the University including: Research Services, International, Graduate Research School, Information Technology and Digital Services, Office of Audit and Risk Assessment, Office of General Counsel, Office of Advancement, Office of People, Procurement Services, and The College.

(31) The Foreign Arrangements Working Group provides proactive leadership and guidance to the University community on countering foreign interference.