Victorian Universities Under Scrutiny Over Freedom of Information Practices
Victorian universities are facing intense scrutiny regarding their Freedom of Information (FOI) practices, particularly concerning the disclosure of executive salaries and commercial agreements with companies in the fossil fuel and weapons sectors. Concerns have been raised by the National Tertiary Education Union (NTEU) and Greens parliamentarians about delays, extensive redactions, and a perceived lack of transparency. These issues have led to appeals to the Office of the Victorian Information Commissioner (OVIC) and broader inquiries into university governance.
Broader Context: Transparency in Australian Universities
This scrutiny is set against a wider backdrop of transparency discussions within the Australian university sector. A previous Four Corners investigation revealed that Australian universities collectively spent $1.8 billion on consultants in one year, with limited public disclosure of its purpose. Greens Senator Mehreen Faruqi has highlighted issues like executive salaries and consultant spending, especially when university councils include corporate appointees.
Dr. Sarah Kaine, who initiated an inquiry into university governance in NSW, noted the increasing role of consultants in shaping university restructures, staffing, and strategy, questioning their value, transparency, and internal expertise. A year-long Senate inquiry into Australian universities concluded with eight recommendations, including caps on vice-chancellor salaries, underscoring governance and transparency issues. Currently, inquiries into university governance are ongoing in both Victoria and New South Wales.
Initiation of FOI Requests
Over two years ago, Victorian Greens MP Aiv Puglielli, in collaboration with NTEU Victorian Assistant Secretary Joo-Cheong Tham, submitted FOI requests to all eight Victorian universities. These requests specifically sought documents related to executive salaries and commercial agreements with fossil fuel and weapons companies.
University Responses and Allegations of Delay
The Greens and NTEU reported that universities provided minimal relevant information. Professor Tham stated that approximately half of the universities rejected their FOI applications, and any released information was often heavily redacted. Universities, however, maintained their compliance with FOI laws and their commitment to transparency.
Professor Tham highlighted significant delays, noting that Victorian universities took an average of 216 days to respond to salary requests and 127 days for contract requests. These times far exceeded the 30-day default period mandated by the FOI Act.
"The FOI process itself is challenging, with fees, procedures, and delays all acting as barriers to information disclosure. It's often more akin to a 'freedom from information act'."
OVIC Intervenes: Key Rulings
Following the universities' initial decisions, Mr. Puglielli appealed all eight cases to OVIC. OVIC subsequently overturned decisions by Deakin University and Federation University, ordering them to release specific information. Conversely, OVIC upheld decisions by La Trobe University regarding salary information and Swinburne University concerning contract details.
In separate appeals lodged by the NTEU, OVIC also directed universities to disclose additional information on executive salaries and contracts.
University Reactions and Further Actions
OVIC specifically directed Deakin University to release information on the appointment and remuneration of senior executives and council members. Deakin University stated that much of this information is already publicly available and confirmed its intention to appeal the ruling. The university's engagement of an external law and consulting firm, FOI Solutions, for this appeal has been questioned by Professor Tham.
Federation University, on the other hand, withdrew its attempt to withhold information on research projects and potential funding ties with fossil fuel, defence, and non-renewable energy companies. The university agreed to release the requested documents with limited redaction, citing public interest and transparency.
Seven of the eight Victorian universities responded to ABC inquiries, affirming their adherence to the FOI Act and commitment to transparency, while some mentioned concerns about sensitive personal information. Victoria University declined to comment.