University regulation report flawed, inaccurate and out of touch
5 April 2002
The National Tertiary Education Union (NTEU) has strongly criticised a report commissioned by the Department of Education, Science and Training (DEST).
The Report, The Regulatory Environment Applying to Universities, fails to acknowledge the work undertaken by State and Territory Governments in improving the regulation of universities and their commercial activities. NTEU President Dr Carolyn Allport said that the timing of the Report’s release was unfortunate, in that it would create confusion around the review of higher education announced by the Minister, Dr Brendan Nelson.
“The whole premise of this report is that the regulatory arrangements relating to universities unduly limit involvement in commercial activities. It fails to acknowledge that universities are creatures of state, territory and commonwealth governments, and as such they have obligations to operate in the public interest.
It ignores the experiences of Melbourne IT, Melbourne University Private, and the University of New South Wales Educational Testing Centre which all highlighted the need to ensure accountability and transparency. Not only have the authors ignored valuable examples of where commercial activities have gone wrong, they seem to have forgotten what universities are for.”
Dr Allport listed a number of instances where the report has failed to acknowledge the recent developments concerning laws which apply to universities, such as:
* each Act establishing universities in New South Wales were amended in 2001, to provide for greater accountability for commercial activities;
* the National Protocols on Higher Education Approval Processes were agreed by states and territories in March 2000, and are being implemented by amendments to legislation;
* occupational health and safety legislation obliges universities to protect staff, students and the public from risks to health and safety and is increasingly important in a commercialised environment;
* the Higher Education Funding Act requires universities to be accountable to the Commonwealth for expenditure of funds;
* the Public Authorities (Financial Arrangements) Act (New South Wales) ceased to apply to universities on 1 March 2002, while the Report incorrectly states that it still applies.
Dr Allport said international experience shows that maintaining the public interest is critical to universities responding to community needs.
“Universities are public institutions, and their public role needs to be acknowledged as the foundation of proper accountability. This Report fails to recognise the reality of the current regulatory framework, and offers nothing for the future.”
Further comment:
Greg McConville, Policy and Research Officer
Tel 03 9254 1910; 0408 559 448
Simon Kent, Policy and Research Officer
Tel 03 9254 1910; 0408 520 016