After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions?
This article provides guidance as to the extent to which Australian universities will need to reconsider behavioural standards previously imposed on staff and students to maintain a collegial and supportive learning and working environment in adopting the Model Code for the Protection of Fre...
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| Format: | Journal Article |
| Language: | English |
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The University of Western Australia
2023
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| Online Access: | https://www.able.uwa.edu.au/__data/assets/pdf_file/0010/3687922/AFTER-RIDD-CAN-AUSTRALIAN-UNIVERSITIES-STILL-REGULATE-UNCIVIL-BEHAVIOURS-WITHIN-THEIR-INSTITUTIONS.pdf http://hdl.handle.net/20.500.11937/92729 |
| _version_ | 1848765658114818048 |
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| author | Levine, Pnina |
| author_facet | Levine, Pnina |
| author_sort | Levine, Pnina |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | This article provides guidance as to the extent to which
Australian universities will need to reconsider behavioural
standards previously imposed on staff and students to maintain
a collegial and supportive learning and working environment in
adopting the Model Code for the Protection of Free Speech and
Academic Freedom (‘Model Code’) recommended by former
High Court of Australia Chief Justice Robert French.
Specifically, it considers the extent to which the Model Code
allows universities to regulate staff or student speech where the
manner of that speech may be considered to be ‘offensive,
shocking or insulting’ as distinct from its content. This analysis
involves consideration of the litigation involving Peter Ridd and
James Cook University, culminating in the High Court’s
decision in Ridd v James Cook University [2021] HCA 32 and
some reflections on the Model Code. The article recommends
how the Model Code might be amended to provide Australian
universities and their staff and students with greater certainty in
relation to the extent to which universities can regulate
disrespectful and discourteous behaviour within their
institutions while still upholding freedom of speech and
academic freedom in accordance with the principles of the
Model Code. |
| first_indexed | 2025-11-14T11:38:45Z |
| format | Journal Article |
| id | curtin-20.500.11937-92729 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T11:38:45Z |
| publishDate | 2023 |
| publisher | The University of Western Australia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-927292023-07-24T07:34:16Z After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? Levine, Pnina This article provides guidance as to the extent to which Australian universities will need to reconsider behavioural standards previously imposed on staff and students to maintain a collegial and supportive learning and working environment in adopting the Model Code for the Protection of Free Speech and Academic Freedom (‘Model Code’) recommended by former High Court of Australia Chief Justice Robert French. Specifically, it considers the extent to which the Model Code allows universities to regulate staff or student speech where the manner of that speech may be considered to be ‘offensive, shocking or insulting’ as distinct from its content. This analysis involves consideration of the litigation involving Peter Ridd and James Cook University, culminating in the High Court’s decision in Ridd v James Cook University [2021] HCA 32 and some reflections on the Model Code. The article recommends how the Model Code might be amended to provide Australian universities and their staff and students with greater certainty in relation to the extent to which universities can regulate disrespectful and discourteous behaviour within their institutions while still upholding freedom of speech and academic freedom in accordance with the principles of the Model Code. 2023 Journal Article http://hdl.handle.net/20.500.11937/92729 English https://www.able.uwa.edu.au/__data/assets/pdf_file/0010/3687922/AFTER-RIDD-CAN-AUSTRALIAN-UNIVERSITIES-STILL-REGULATE-UNCIVIL-BEHAVIOURS-WITHIN-THEIR-INSTITUTIONS.pdf The University of Western Australia fulltext |
| spellingShingle | Levine, Pnina After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title | After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title_full | After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title_fullStr | After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title_full_unstemmed | After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title_short | After Ridd: Can Australian Universities Still Regulate Uncivil Behaviours Within Their Institutions? |
| title_sort | after ridd: can australian universities still regulate uncivil behaviours within their institutions? |
| url | https://www.able.uwa.edu.au/__data/assets/pdf_file/0010/3687922/AFTER-RIDD-CAN-AUSTRALIAN-UNIVERSITIES-STILL-REGULATE-UNCIVIL-BEHAVIOURS-WITHIN-THEIR-INSTITUTIONS.pdf http://hdl.handle.net/20.500.11937/92729 |