The Group of Eight (Go8) recognises Islamophobia as a serious and context-specific issue requiring adaptable and dynamic institutional responses. Our members are committed to providing safe, respectful and inclusive university environments, while upholding academic freedom, freedom of speech, lawful expression, and procedural fairness.
Go8 universities established a working group to develop a working definition of Islamophobia, modelled on our successful development of a sector-leading working definition of antisemitism. This process is drawing on expertise within our universities and guidance provided by the Office of the Special Envoy to Combat Islamophobia (including the publication The Challenges of Defining Islamophobia). The definition will be considered by the Go8 Board in October, and will be provided to the Universities Australia Technical Working Group, chaired by Professor Sharon Pickering, Go8 Deputy Chair and Vice Chancellor of Monash University, for consideration.
The final SRE should also expressly recognise the progress already undertaken across the sector. Go8 universities have invested considerable effort in developing evidence-based responses to threats to social cohesion on campus and harmful behaviour directed towards individuals and groups, both individually and collectively.
The SRE should acknowledge and build upon these efforts. Universities should not be required to repeat genuine consultation, governance processes or implementation activities simply because they occurred before publication of the SRE or commencement of the amended Standards. Requiring duplication of work would impose unnecessary cost, delay practical action and risk retraumatising affected communities.
In addition to the acknowledgement of the Special Envoy’s guidance, Go8 also acknowledges the other changes between this draft SRE and the draft SRE on antisemitism, including the additional clarity regarding transparency when conducting consultations and the place of provider owned or controlled student accommodation. However, most of the draft SRE is identical to the draft SRE on antisemitism and our substantive feedback remains valid and relevant.
The Go8 supports the amended Higher Education Standards Framework (Threshold Standards) requiring providers to define and respond to Islamophobia as part of a whole-of-organisation approach to preventing and responding to racism (while recognising that it is broader than racism).
For the Statement of Regulatory Expectations (SRE) to be effective, TEQSA’s guidance must be clear, principles-based and non-prescriptive. It should support providers in demonstrating compliance with the Threshold Standards without creating uncertainty about regulatory expectations or introducing additional obligations beyond those contained in the Standards themselves.
As currently drafted, the SRE risks blurring the distinction between enforceable requirements, examples of evidence and illustrations of good practice. This lack of clarity is significant given TEQSA’s stated intention to monitor compliance against the expectations in the SRE through registration, re-registration and compliance activity.
TEQSA should be clear about how it intends to use SREs in its regulatory practice and the authority of SREs with respect to the Threshold Standards.
Recommendations
As in our submission in response to the draft SRE on antisemitism, the Go8 recommends that:
- TEQSA expressly recognise progress made by providers including consultation, governance decisions and implementation activities completed before or after publication of the SRE and commencement of the amended Threshold Standards.
- The final SRE clearly distinguish between enforceable obligations, examples of evidence and good practice guidance and explain how TEQSA intends to use the SRE in monitoring, registration, re-registration and compliance activities.
- TEQSA clarify its approach to assessing proportionate and reasonable compliance given the set timeframes and be clear about the interpretation of “demonstrable progress towards compliance”.
- The SRE retain an outcomes-focused approach, allowing providers flexibility to allocate responsibilities through their own governance arrangements, provided authority, escalation, accountability and governing body oversight are clear.
- The final SRE should address potential unintended consequences by confirming its guidance status, recognising alternative approaches, addressing retraumatisation, and setting out principles for balancing safety, academic freedom, freedom of speech, lawful expression, and procedural fairness.
Additionally, the Go8 also recommends that:
- The SRE explicitly acknowledges that there is no broad consensus within the Islamic community on a definition of Islamophobia.
- The SRE recognises the considerations that need to be taken into account when developing or considering a definition of Islamophobia, as outlined in the Special Envoy’s Challenges of Defining Islamophobia. These include, for example:
- The importance of consultation with each provider’s Muslim community
- Intersectionality with other forms of intolerance or discrimination
- The importance of maintaining academic freedom in a university context
- The need to encompass the breadth of Islamophobia.
For further information on the first five recommendations, please refer to the Go8’s submission on the draft ‘Statement of Regulatory Expectations: Adopting a definition of antisemitism’.
Conclusion
The Go8 supports TEQSA’s objective of strengthening institutional responses to Islamophobia and helping providers meet the amended Threshold Standards.
The final SRE will be most effective if it provides clear, principles-based guidance that focuses on outcomes rather than the prescribed processes, recognises substantial work already undertaken across the sector, and respects institutional autonomy in how compliance is achieved.
Universities should be encouraged to build on existing progress rather than duplicate work that has already been undertaken in good faith. A regulatory framework that recognises prior action, supports proportionate implementation and provides certainty about expectations will better achieve the shared objective of addressing Islamophobia and strengthening campus safety.
TEQSA should take account of the Special Envoy’s guidance, including the importance of consultation to meet the needs of each provider’s institutional context and community, and the need to ensure alignment with existing governance and policy frameworks when considering the adoption of a definition.
The Go8 looks forward to continuing to work constructively with TEQSA as the guidance is finalised and implemented.