Regulator demands Australian National University defend council conduct amid governance concerns
A letter from the higher education regulator to ANU Vice-Chancellor Genevieve Bell in June revealed more detail about a compliance assessment being undertaken by the Tertiary Education Quality and Standards Agency (TEQSA).
"TEQSA is concerned [the ANU Council] may not have fulfilled its obligation to exercise competent governance oversight of, and be accountable for, all ANU's operations," the letter said.
TEQSA began investigating compliance concerns at ANU in October 2024, but did not commence its formal compliance assessment until June.
Its investigation had initially been limited to assessing ANU's Nixon Review and its proposed staff cuts, along with grades in the ANU School of Cybernetics.
The letter outlined its investigation had been expanded to include "broader risks to compliance" including the culture of the ANU Council and executive leadership, and oversight of its financial position.
"Further information has been considered which suggests there are broader potential risks to compliance that require assessment by TEQSA," the letter said.
TEQSA's letter spelled out issues such as staff afraid to voice concerns about decisions by senior leadership, the management of staff cuts, the internal culture of the ANU Council and leadership, and poor accountability of workplace practices.
The letter, authored by TEQSA CEO Mary Russell, also specified fears about the ANU Council's oversight of the university's financial position, which included the institution's pursuit to find $250 million in savings by 2026.
"Whilst steps are being taken to address ANU's current financial position, it was under the ANU Council's oversight that ANU reached a position that now requires it to reduce recurring expenditure by $250 million," the letter said.
On Tuesday, ANU was forced to respond to allegations that council members, including Chancellor Julie Bishop, had threatened, harassed and bullied staff-elected council member Dr Liz Allen.
The ANU demographer told a Senate inquiry investigating governance in Australia's higher education providers that the stress from her time on the council and a meeting with Ms Bishop led to her contemplating suicide and contributed to the miscarriage of a much-wanted baby.
Ms Bishop has denied any wrongdoing and said she rejected "any suggestion that I have engaged with council members, staff, students and observers in any way other than with respect, courtesy and civility".
The letter from TEQSA, which was tabled as part of the inquiry, asked the university to provide a self-assurance report as part of its compliance assessment.
In a staff newsletter from July, ANU said the self-assurance report "is a valuable opportunity to demonstrate the strength of our internal processes and continue our long-standing, constructive relationship with TEQSA".
The ANU Council is the governing body of the university and is made up of 15 members, chaired by Ms Bishop through her role as chancellor.
Professor Bell also sits on the council.
Six members are elected by groups within the ANU community — two academic staff, one professional staff member, a postgraduate student, an undergraduate student, and a dean or research school head.
Seven external members are appointed by the federal education minister.
One of the academic staff positions is currently vacant after the resignation of Francis Markham due to what he described as "concerns about governance practices within the council".
Council minutes show Ms Bishop formally informed the council of TEQSA's investigation during its July meeting.
In response, one council member requested access to independent legal advice to inform them of their responsibilities throughout the process.
The minutes show Ms Bishop arranged for the legal advice, provided by an external legal firm, to be distributed to all council members at an estimated cost of $15,000.
An inquiry hearing in Canberra on Tuesday revealed the university would not meet TEQSA's original deadline of August 12 for the self-assurance report to be provided.
It has been granted an extension to August 19.
"It should demonstrate how ANU monitors, manages and mitigates institutional risks with regard to the concerns identified in this letter," TEQSA said.
"The self-assurance report will be one part of the information TEQSA considers."
On Tuesday, Dr Russell could not say how long TEQSA's process would take but said it would be "quite lengthy".
"[That's] due to the complexity of the matters and the importance, as we see it, of making sure that we provide every opportunity to staff, students, other stakeholders and members of the university community to share their concerns and for us to make sure that those are addressed in our process," she said.
"At the moment we haven't encountered anything in dealing with the ANU inquiries that we cannot manage within our existing powers. We have compulsive powers to require evidence, if that is not offered or afforded by a university.
"We have power to impose conditions on the university if we feel that that is necessary."
Dr Russell was also asked by ACT independent senator David Pocock about reports regarding a disproportionately high number of students receiving high distinctions in the School of Cybernetics, the specialty interest of Professor Bell.
"That's one of the issues that has been raised with us. That is already part of our inquiries," Dr Russell said.
TEQSA said it was in the process of engaging assistance from an independent expert as part of the compliance assessment.
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