Visiting Speaker and Event Policy

Intent

This Policy provides a framework for events with invited or external speakers to ensure respectful debate. This Policy outlines for event organisers the requirements for the approval of visiting speakers to events held at a James Cook University (JCU; the University) venue or hosted in a JCU digital environment, and the additional considerations or arrangements that may be required for their event.

This Policy addresses Higher Education Standards Framework Standards (HESF) 2.3, 6.2 and 7.2.

Scope

This Policy applies to any person, internal (i.e., staff, Affiliate or student) or external to JCU organising an event that involves a Visiting Speaker/s at any University venue (i.e. University land or facilities) in Australia and Singapore. This Policy should also be read in conjunction with the Authorised Use of University Facilities, Premises and/or Grounds for Non-Core Purposes Policy and the Academic Freedom and Freedom of Speech Policy.

In applying this Policy to the Singapore campus of JCU, all requirements are subject to compliance with Singaporean laws and regulations. The Chief Operating Officer in Singapore will fulfill the roles assigned herein to the Chief of Staff as appropriate, and the Deputy Vice Chancellor Singapore has decision making authority assigned herein to the Vice Chancellor.

Definitions

Except as otherwise specified in this Policy, the meaning of terms used are as per the Policy Glossary:

Policy

1. Background and purpose

1.1 JCU has a strong history as an academic institution that regularly welcomes visiting speakers and groups from our local community, nationally and internationally to our campuses. These speakers bring a diversity of insights, opinions and experiences which enrich our events and activities, and can inspire debate and discussion among our staff, students and guests.

1.2 In accordance with the University’s Academic Freedom and Freedom of Speech Policy, JCU encourages staff, students and Affiliates to enquire, examine, criticise and challenge in the collegial and academic spirit of the search for knowledge, understanding and truth. The protection of Academic Freedom and Freedom of Speech does not allow a speaker to break the law or breach the lawful rights of others.

1.3 Event organisers have a responsibility under Australian anti-discrimination laws including the Age Discrimination Act 2014, Disability Discrimination Act 1992, Racial Discrimination Act 1975, Sex Discrimination Act 1984, Australian Human Rights Commission Act 1986, and the Queensland Anti-Discrimination Act 1991 and Human Rights Act 2019, as well as the respective JCU Codes of Conduct and the JCU Enterprise Agreement (as applicable) to ensure respectful debate.

1.4 JCU has the right and responsibility to determine the terms and conditions upon which it shall permit visiting speakers access to University facilities in order to discharge the duty to foster the wellbeing of staff and students. Application to use University facilities is made via the Estate Directorate who have the authority to:

1.4.1 approve a request;

1.4.2 approve a request and impose conditions; or

1.4.3 refuse a request if it does not conform to the University’s usage requirements.

1.5 Whilst most speaking engagements will fit within the approval processes of the Authorised Use of University Facilities, Premises and/or Grounds for Non-Core Purposes Policy, and the terms and conditions set within any facility hire agreement, there may be Visiting Speakers whose attendance or topic may require an additional risk management and notification process.

1.6 The University will not refuse an event or speaker solely due to the lawful content of their speech, even if some may find it offensive or controversial. The right of refusal is on the grounds of safety, not the contents of any speech, unless the content of the speech is or is likely to:

1.6.1 be unlawful;

1.6.2 prejudice the fulfilment by the University of its duty to foster the wellbeing of staff and students;

1.6.3 involve the advancement of theories or propositions which purport to be based on scholarship or research but which fall below scholarly standards to such an extent as to be detrimental to the University's character as an institution of higher learning; or

1.6.4 unreasonably disrupt University operations or impede the University’s core activities.

2. Significant Events requiring additional review

2.1 Identifying a speaking event that may require an additional layer of review will be primarily based on:

2.1.1 the level of risk to health and safety of persons;

2.1.2 the potential for breach of legislative requirements;

2.1.3 any associated contractual and legal obligations (such as permits, licensing or insurance);

2.1.4 the level of involvement of external organisations, contractors or volunteers; and

2.1.5 the exposure of the University to financial or reputational risks.

2.2 Significant Events require a higher level of analysis, planning and approval to ensure that the event and associated activities are appropriately managed including issues of traffic management; personal and workplace safety and security are considered; and that contractors or volunteers are appropriately inducted and supervised.

2.3 If any of the attributes below are present, the event will be considered to be a Significant Event and the Significant Event shall be referred to the Chief of Staff to undertake a University Risk Management assessment. These attributes include:

2.3.1 JCU-organised events open to the public where more than 1,500 participants are invited or expected to attend (500 in Singapore), or if there are potential behavioural or security related risks (e.g. a concert or entertainment event);

2.3.2 an external organisation is hosting a large scale (more than 300 attendees in Australia, or more than 100 in Singapore) event on University premises;

2.3.3 the event involves the use of hazardous plant, machinery, equipment, hazardous materials or processes (e.g. amusement structures, entertainment equipment, dangerous goods, stage rigging, or working or performing at heights);

2.3.4 concerns that the advancement of a theory or proposition would be a threat to public health and safety;

2.3.5 concerns that the advancement of a theory or proposition which despite purporting to be based on scholarship or research actually falls below scholarly standards to such an extent as to be detrimental to the University's character as an institution of higher learning;

2.3.6 the proposed Visiting Speaker or event presenting a risk of:

• inciting persons to commit criminal acts; or
• the expression of hate speech; or
• inciting or promoting radicalisation of attendees (in this context radicalisation meaning advocating or promoting the use of fear, terror and violence).

2.4 Upon completion of the University Risk Management assessment by the Chief of Staff, the Chief of Staff shall provide a recommendation to the Vice Chancellor who may, in his or her absolute discretion approve or refuse the application to conduct the Significant Event on balance, i.e., safety and other risks cannot be mitigated. If approval is granted, the Vice Chancellor may impose conditions on the approval.

2.5 In any consideration of Visiting Speakers, JCU requires that event organisers:

2.5.1 comply with the University’s booking procedures and seek permission for the use of University land or facilities and to provide information relevant to the conduct of any event, and any public safety and security issues;

2.5.2 contribute in whole or in part to the cost of providing security and other measures in the interests of public safety in connection with the event at which the Visiting Speaker is speaking.

2.6 The Chief of Staff may seek advice from internal and external stakeholders such as the Event Organisers, Director, Estate, Work Health and Safety Unit, Manager, Campus Safety and Security, University General Counsel, Head, Media and Communications, Queensland Police Service and others where relevant in providing recommendations to the Vice Chancellor.

2.7 In the spirit of open and collegial debate, the University will seek to ensure that events or speakers identified as posing a potential safety or reputational risk will be approved subject to the agreement of an Event Safety Management Plan (see clause 4 below).

3. Right of Refusal

3.1 The University reserves the right to cancel, postpone or request modification to any event or Significant Event should risks be identified that are not able to be mitigated to the satisfaction of the Estate Directorate or the Vice Chancellor (as relevant to the event type).

3.2 The University may impose conditions on the holding of an event or a Significant Event, including among other things:

3.2.1 submission of any speeches in advance of the event;

3.2.2 place limits on attendance;

3.2.3 seek a register of attendees in advance of the event;

3.2.4 request stewards/security be provided by the event organisers;

3.2.5 require the presence of a manager of the University and/or the JCU Student Association to ensure good order;

3.2.6 require a presence of JCU Security to ensure good order;

3.2.7 place limitations on what attendees may bring to the event; and

3.2.8 place a ban on banners, flags, placards or similar items being allowed into the venue and its immediate surroundings, where those items may pose a potential safety or reputational risk, or risk of damage to property.

3.3 JCU reserves the right to perform spot checks at events being held on University premises. If there are breaches of any policy, terms and conditions of facility hire or other contract, or breaches to the Event Safety Management Plan, the event may be referred for cancellation and, where relevant, legal or disciplinary action.

3.4 In accordance with the Incident Management Policy, any major incidents involving events on campus will be reported to the Chief of Staff.

3.5 Where an event application is refused, the Event Organiser may request a review of the decision by the Vice Chancellor by submitting a written request outlining any mitigating factors or measures for reconsideration. Review requests will be considered promptly, and the Vice Chancellor’s decision after review is final.

4. Event Safety Management Plan

4.1 For each Significant Event, an Event Safety Management Plan must be prepared which contains the following:

4.1.1 a summary of the event, including date, time and location;

4.1.2 the key personnel involved, such as staff, volunteers, contractors and suppliers;

4.1.3 information, training and induction to be provided to key personnel;

4.1.4 a risk register;

4.1.5 communications and emergency preparedness arrangements; and

4.1.6 safe operating procedures where relevant.

4.2 The Event Organiser is responsible for preparing the Event Safety Management Plan which must be reviewed and approved by the Chief of Staff.

5. Protest and Counter-Protest Management

5.1 JCU recognises the right of individuals to express dissent and to engage in lawful protest in accordance with the University’s commitment to freedom of expression and lawful assembly.

5.2 Where protest or counter-protest activity is anticipated in connection with an event or Visiting Speaker, the University may impose reasonable conditions on the time, place, and manner of such activity to ensure:

5.2.1 the safety of all participants, staff, students, and visitors;

5.2.2 the orderly conduct of University business;

5.2.3 the protection of University property; and

5.2.4 compliance with relevant laws and University policies.

5.3 Event organisers and protest organisers are encouraged to notify the University (via the Chief of Staff) of planned protest activity in advance. Where such activity is deemed likely to occur:

5.3.1 a specific risk assessment will be conducted; and

5.3.2 the University may develop a Protest Management Plan to ensure appropriate safety and security arrangements.

6. Prohibited Conduct

6.1 The University does not permit protest activity that:

6.1.1 threatens or intimidates event participants or speakers;

6.1.2 disrupts the scheduled event to the extent that it cannot reasonably proceed;

6.1.3 involves unlawful behaviour or damage to property;

6.1.4 involves unauthorised entry into controlled access areas.

6.2 Individuals who engage in protest activity in breach of this Policy or other applicable directions by authorised staff, Event Safety Management Plans or Protest Management Plan may be:

6.2.1 subject to removal from University premises;

6.2.2 referred for disciplinary action in accordance with student or staff codes of conduct; and/or

6.2.3 referred to external law enforcement if unlawful conduct occurs.

7. Management of Online Campaigns

7.1 Where online campaigns or social media activity relating to a Visiting Speaker or University event are identified as posing:

• a credible safety risk to individuals;
• reputational harm to the University through coordinated disinformation or harassment; and/or
• interference with the University’s ability to deliver events or maintain a safe environment;

the University may take reasonable and proportionate steps to manage these impacts, including:

• notifying platform providers of potential breaches of terms of use (e.g. abuse, impersonation, incitement);
• activating the University’s Incident Management Policy, where applicable;
• providing advice to staff or students who are targeted; and/or
• initiating communications, engagement, or corrections through official JCU channels.

8. Associated Costs

8.1 Any costs incurred by JCU in complying with event conditions may be passed onto the Event Organiser at JCU’s discretion. Event organisers will be advised of any conditions or modifications in advance of the event taking place and are responsible for informing the Visiting Speaker of the outcome.

8.2 External event organisers may be required to provide evidence of appropriate liability insurance coverage and, where applicable, indemnify the University against any claims arising from the event.

9. Information Sharing

9.1 Where it is deemed that there is a legitimate reason to do so, JCU reserves the right to share information on Visiting Speakers it has hosted, and/or those which the University has deemed to be a risk, with other relevant agencies.

10. Non-compliance and Complaints

10.1 Failure by staff or students to comply with this Policy will be treated seriously and may be subject to formal action under the University’s normal disciplinary processes.

10.2 If a member of staff, student, or a visitor considers there to have been a breach of this Policy, they have the right to make a complaint by contacting the Chief of Staff. Complaints will be handled under the University’s standard grievance processes (e.g., Resolution of Grievances Procedure for staff and Affiliates, or the Student Complaints Policy). The Chief of Staff will oversee the investigation of complaints related to this Policy and ensure appropriate action or referral.

Related policy instruments

Academic Freedom and Freedom of Speech Policy

Authorised Use of University Facilities, Premises and/or Grounds for Non-Core Purposes Policy

Incident Management Policy

Code of Conduct - University Council

Staff Code of Conduct

Student Code of Conduct

Gender-based Violence and Sexual Misconduct Policy

Resolution of Grievances Procedure

Student Complaints Policy

Student Complaints Procedures

Schedules/Appendices

Nil

Related documents and legislation

Australia:

Age Discrimination Act 2004 (Cth)

Anti-Discrimination Act 1991 (Qld)

Australian Human Rights Commission Act 1986 (Cth)

Disability Discrimination Act 1992 (Cth)

Human Rights Act 2019 (Qld)

Racial Discrimination Act 1975 (Cth)

Sex Discrimination Act 1984 (Cth)

Singapore:

Constitution of the Republic of Singapore (Article 14)

Maintenance of Religious Harmony Act 1990

Protection from Online Falsehoods and Manipulation Act 2019

Protection from Harassment Act 2014

Public Order Act 2009

Internal Security Act 1960

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History