By Sarah McCrea
The tertiary education sector regulator, TEQSA, has just delivered its compliance assessment into ANU. The assessment comes attached with four main conditions to be imposed on the university, all focused on the operation of the ANU’s governance. Here’s what they are, and what they mean.
Condition 1: Governance and Council Strengthening Program
TEQSA’s first condition looks at implementing a ‘Governance and Council Strengthening Program’. This includes either an ANU-nominated (and TEQSA approved) “suitably qualified independent expert” or a panel of ANU-nominated “suitable qualified independent experts” that act in collaboration with the Council and University in undertaking the program.
To be delivered over 24 months, this program incorporates developing a Financial Sustainability Plan, a Council Engagement and Consultation Framework, and either an Academic Plan or Academic Strategy. It further includes several review-and-update targets, such as the ANU’s Risk Management Framework and Council and Committee charters.
Additionally, the ANU must “facilitate attendance” of the Independent Expert/s at the “majority of ANU Council meetings for at least 12 months”, from the start point of their appointment. This is in addition to Committee meetings, where “deemed appropriate”. The University is further required to “[p]rovide progress reports [of the program] to TEQSA at 6 monthly-intervals over the 24 months”.
Condition 2: Ensuring integrity at the University
Within a timeline of 270 days, the ANU has to “review and update its declaration of interest policy, registers, procedures and relevant controls for Council, ANU executives and staff”. The integrity condition also makes it mandatory to publish private interest declarations of the ANU Executive Committee on the ANU website.
The University is also required to begin annual training sessions – referred to as ‘Integrity Training’ – for both the Council and Executives. This will cover “lawful and ethical conduct, fraud, corruption, public interest disclosures and the management of conflicts of interest”.
Condition 3: Induction and training of Council Members
Another 270 day deadline has the ANU Council set to create an induction framework for new members, “accounting for their experience and knowledge” and with information about the ANU’s “legislative and governance framework as it applies to the work for the ANU Council”. Annual training will be required for all Council members.
TEQSA has also required the University to “[d]eliver and embed within ANU’s policies and procedures, an ongoing development program for all ANU Council members to ensure their knowledge and understanding to perform their role is sufficient and up to date”. This is in regards to higher education news and “changes in governance expectations and regulatory requirements.”
Condition 4: Information flows to the Council
The final condition, to be completed within 270 days, concentrates on information flows. The ANU must “undertake a review of its processes for the provision of all relevant information to Council”. This focuses on Council and Council Committee minutes, correspondence, and agendas, and ensuring reasons for Council decisions are kept record of.
TEQSA Rationale
TEQSA provided its rationale for the condition, stating in the compliance assessment that the ANU did not meet certain aspects of Higher Education Standards Framework (Threshold Standards) 2021. Specifically, Standard 6.1.1, Standard 6.1.3, Standard 6.2.1, all of which concentrate on “the governing body” as the responsible actor.
TEQSA cited key concerns they had with the ANU, including conflicts of interest, risk management, culture, strategic planning, and a lack of informed decision making.
ANU Response
The ANU Council, in a university-wide email, notified students of TEQSA’s actions and the compliance assessment.
They stated,“The University has commenced action on all of these conditions and is well placed to complete within agreed timelines. These conditions must be complied with to maintain the University’s registration”.
“The conditions are directed at strengthening the University’s governance practice across the institution, including at its most senior levels.”
“We cannot change the past, but we can learn from it. Trust is earned through transparency, accountability and consistent action over time, and that is the standard we will continue to hold ourselves to.”
More to come.
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