Labor and academics say freedoms will be stifled by proposed powers which officials claim are necessary because of potential overseas infiltration

This article is more than 1 year old

This article is more than 1 year old

Labor, Australia’s leading universities, and the tertiary education union have warned a proposal to dramatically expand defence’s control over university research would stifle academic freedom and damage the sector’s competitiveness.

Defence has called for a sweeping overhaul of laws that currently give it strict control over the sharing or export of sensitive Australian research and technology, citing a “changed national security environment”.

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It wants the ability to control technology and research beyond that currently on a defined list, known as the defence and strategic goods list, which compiles military and some commercial goods and technologies. Defence has also asked for an escalation of warrantless search and seizure powers on university campuses and research agencies.

The proposal comes amid continued fears that foreign states may be targeting Australian universities to obtain western research and technology. A new report released by the Australian Strategic Policy Institute on Tuesday suggests 300 Chinese military scientists have been sent to Australia as PhD students or visiting scholars, 17 of whom had attempted to obscure their military links.

But defence’s proposal has provoked a furious backlash from Australia’s leading universities, who say the current system is working well and strikes the right balance between academic freedom and national security.

Universities Australia has warned the proposal is “a significant restriction of academic freedom and autonomy”, would hinder the free transfer of knowledge across borders, and could “weaken the appetite of international partners to collaborate with Australian researchers”.

“Universities Australia remains concerned about the Department of Defence proposals — including proposed search and seizure powers,” its chief executive, Catriona Jackson, told Guardian Australia on Tuesday. “These proposals do not strike the right balance between security interests and a thriving research and development capability.”

Defence made its proposal in the late stages of an independent review by Dr Vivienne Thom into the existing Defence Trade Controls Act 2012. It said the proposal was prompted by changes to the national security environment in the past two years, though that part of its submission was classified.

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The proposal drew criticism from the Academy of Science, the Academy of Technology and Engineering, the Group of Eight universities, defence contractors, and the Australian National University, the University of Adelaide, the University of New South Wales, among others.

No breaches of trade control laws have occurred involving research agencies or universities under the current regime.

Defence sought to allay the sector’s fears during Senate estimates last week, saying the department was not seeking “some blanket right to enter any faculty at any time on any campus”.

“We are certainly not seeking a role for the department in an intrusive, across-the-board, deeply inappropriate involvement in the work of universities and researchers,” defence secretary, Greg Moriarty, said.

“But there are some areas where we are concerned about the possibility of those technologies being used or not being harnessed effectively for the capability edge of the Australian Defence Force.”

Shadow science and research minister, Kim Carr, said the laws were an overreach, and noted there had been a “media campaign” against researchers since late last year.

“Universities and research institutions have been subject to an ongoing media campaign suggesting that they are being run by dithering old fools who have been duped by Chinese spooks,” Carr told Guardian Australia.

“What is not pointed out is that there are security checks on our international research partnerships, which are also externally audited by the Department of Defence and Immigration, with no breaches identified in recent times.”

Carr said the requested powers were not justified by any evidence.

“There is no doubt that the researchers regard it as an unparalleled threat to our research capacities, provides an unregulated ability to prohibit control and suppress publication and enter the research facilities without notice,” he told Guardian Australia.

The National Tertiary Education Union has warned the proposal would give government an “effective veto” over research.

“This is in direct contravention of the principle of academic freedom which all Australian universities in receipt of government funding are legislatively expected to uphold,” the NTEU said in its submission to Dr Thom’s review.

“If such a power were granted it would not merely have a chilling effect on research, but would result in a research freeze in some areas.”

Defence minister Christopher Pyne was approached for comment. Dr Thom’s review is completed and with government, but is yet to be released.