• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures and Guidelines

Section 1 - Purpose and Context

(1) Western Sydney University has formally adopted the Model Code for Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers. The Code was developed following a review by the Hon. Robert French, former Chief Justice of the High Court of Australia, and is intended to ensure a culture of free speech and academic freedom in Australian universities. The model code is designed to be adopted voluntarily by universities to promote these values.

(2) Western Sydney University declares its commitment to academic freedom and freedom of speech as fundamental to foster intellectual, cultural and scientific activity for the advancement of a well-informed democratic society. The University affirms its responsibility to promote intellectual freedom in all areas of scholarship in accordance with its mission. Furthermore, the University is committed to ensuring all members of its scholarly community, inclusive of academic staff, adjunct and visiting fellows, students and their representative bodies, have the opportunity to freely inquire, discuss and challenge ideas.

(3) This Policy provides the principles to ensure that academic freedom and freedom of speech is protected, upheld and embedded as a defining value of the University through its promotion of critical and free inquiry, informed intellectual discourse, and respectful public debate. The University is committed to civic leadership, community engagement and social responsibility and as such will not restrict freedom of speech or burden its exercise, except as provided for in this Policy or by law.

(4) This Policy applies in the context of all activities and operations of or associated with the University (on and off campus, and including by technological means). It applies to:

1. all University staff (including casuals, conjoint, adjuncts and other categories of University staff appointments)
2. all University students
3. all University affiliates (see clause 11)
4. visitors to the University, including external visitors who speak at an event on University land (whether as an invited external speaker or otherwise, for example, as part of a venue hire arrangement).

(5) This Policy is to be read in conjunction with the following University documents:

1. Academic Staff Agreement
2. Code of Conduct
3. Media, Social Media and Public Commentary Policy
4. Professional Staff Agreement
5. Responsible Conduct of Research Policy
6. Student Code of Conduct
7. Western Sydney University Act 1997 (NSW), specifically section 35
8. Whistleblowing (Reporting Corruption and Other Serious Wrongdoing) Policy and Whistleblowing (Reporting Corruption and Other Serious Wrongdoing) Procedures.

(6) This Policy may be adopted by University controlled entities and educational partners.

Section 2 - Definitions

(7) Academic Freedom – is  defined in the Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers as follows:

1. the freedom of academic staff to teach, discuss, and research and to disseminate and publish the results of their research
2. the freedom of academic staff and students to engage in intellectual inquiry, to express their opinions and beliefs, and to contribute to public debate, in relation to their subjects of study and research
3. the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled
4. the freedom of academic staff to participate in professional or representative bodies
5. the freedom of students to participate in student societies and associations
6. the autonomy of the higher education provider in relation to the choice of academic programs and offerings, the ways in which they are taught and the choices of research activities and the ways in which they are conducted.

(8) Duty to foster the wellbeing of staff and students – is defined in the Model Code as follows:

1. the duty to ensure that no member of staff and no student suffers unfair disadvantage or unfair adverse discrimination on any basis recognised at law including race, gender, sexuality, religion and political belief
2. the duty to ensure that no member of staff and no student is subject to threatening or intimidating behaviour by another person or persons on account of anything they have said or proposed to say in exercising their freedom of speech
3. supports reasonable and proportionate measures to prevent any person from using lawful speech which a reasonable person would regard, in the circumstances, as likely to humiliate or intimidate other persons and which is intended to have either or both of those effects
4. does not extend to a duty to protect any person from feeling offended or shocked or insulted by the lawful speech of another. 

(9) Freedom of Speech – for the purposes of this Policy, is closely associated with the right to freedom of opinion. The right to freedom of opinion is the right to hold an opinion about anything, without interference, and to seek, receive and impart information and ideas through any medium and regardless of jurisdiction.

Freedom of Speech extends to all forms of expressive conduct in any medium, format or activity occurring on or off campus and associated with the University. It includes the following expressions of freedom:

1. freedom of speech in oral, written, artistic or musical form, or by broadcast or other means of communication
2. freedom of assembly
3. freedom of political communication
4. freedom to engage in non-violent protest
5. creation, publication or performance of written, artistic or musical works
6. freedom to access and express personal views through social media platform.

(10) Invited External Speaker – means a person who has been invited by the University or a member of the University community to speak or give a presentation in any medium on any University land or facilities, or via technological means.

(11) Model Code – means the Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers developed by former High Court Chief Justice, the Hon Robert S. French AC following an independent review of policies supporting freedom of speech and intellectual inquiry in Australian higher education completed in March 2019, which the University's Board of Trustees formally resolved to adopt in 2019. 

(12) University Affiliates – means a clinical title holder, an honorary appointee, a consultant or contractor to the University, an office holder in a University entity, a member of any University Board, Council or Committee and any other person appointed or engaged by the University to perform duties or functions on its behalf. 

Section 3 - Policy Statement

(13) The success of the University and the Western Sydney region is dependent on the ability of scholars to pursue knowledge for its own sake, to debate and deliberate freely through informed discussions and to protect these rights within the academy. These freedoms are to be exercised responsibly and with tolerance in accordance with the law, the Model Code and the obligations, codes and policies of the University.

(14) The University's Principles for the Protection of Freedom of Speech and Academic Freedom are based on the Principles articulated in Section 2 of the Model Code. They are as follows:

1. that universities should be places for open discussion and free inquiry, including the pursuit of knowledge for its own sake and challenging orthodoxies
2. that the lawful exercise of freedom of speech in accordance with this Policy by a University staff member or student on University land or in connection with a University activity will not constitute misconduct or attract any penalty or other adverse action by reference only to its content
3. that the freedom of University staff to make lawful public comment on any issue as private individuals will not be subject to constraint imposed by reason of their employment with the University, provided that they do so as private individuals and not in their capacity as University staff
4. that the right to freedom of speech does not include the right to obstruct or restrict the rights of others to express their own opinions, for example, by unreasonably shutting down debate, engaging in hate speech, vilifying people or segregating participants
5. that the University should not attempt to shield staff, students or visitors from ideas or opinions that they may disagree with or find offensive
6. The University expects that staff and students will exercise academic freedom subject to the standards of scholarship and will express informed views within the limits of their professional competence and professional standards when engaging in public discourse
7. that the following forms of speech are not permitted:
   1. speech that is contrary to law. The University categorically rejects all forms of hate speech, including antisemitism, homophobia, intolerance, Islamophobia, racism and sexism.
   2. speech that unreasonably interferes with or prejudices the University's ability to discharge its legal duties and obligations, including its duty to foster the health and wellbeing of staff and students
   3. speech that unreasonably disrupts University activities (including teaching, learning and research) or operations, or the ability of people to participate in activities, or make full use of University facilities and resources. Disruptions such as encampments or protests that block entry and exit points of buildings are not permitted
   4. speech that is not made in good faith in accordance with the principles set out in the relevant Code of Conduct.

(15) The University values openness and transparency, and actively promotes the disclosure of information that relates to the public good and will as far as possible seek to maximise the benefit to the public from its academic and research activities. The University will take reasonable steps to minimise any restrictions or burdens on lawful freedom of expression by University staff or students carrying out research or study under any collaborative or other arrangements with third parties or in accepting donations.

(16) The University reserves the right to determine the terms and conditions on which external visitors (including invited external speakers) may come onto and speak or present on University land or use its resources or facilities (including online resources and facilities), taking into account the principles described in clause (14), external visitors will generally be permitted access provided they adhere to those principles and all other relevant University policies and procedures.

(17) The University may refuse access to its facilities and resources to external visitors where the activity or content of any speech or activity is likely to:

1. contravene any of the principles this Policy
2. advance theories or propositions that purport to be based on scholarship or research, but that fall below scholarly standards to the extent that it is detrimental to the University's reputation as an institution of higher learning
3. be unreasonably disruptive to University activities or operations or
4. prejudice the University's duty to foster the health and wellbeing of its staff, students and other visitors.

Section 4 - Procedures and Guidelines

(18) The University has procedures for the following:

1. Space Hiring Policy – within this policy there are procedures that cover the hiring of University venues or facilities by third parties (and including booking procedures and information about conduct of events, including public safety and security arrangements).
2. Guidelines on Identifying Unacceptable Behaviour - Rallies, Protests and Encampments.