Foreign Interference

The University convenes a Foreign Interference Working Group to provide strategic direction to ensure legislative compliance with our obligations under Australia’s Foreign Relations (States and Territories) Act 2020. The Working Group is implementing a whole-of-institution approach to managing foreign interference risks aligned with the Guidelines to counter foreign interference in the Australian university sector.

The University Secretary is responsible for notification of new and existing foreign arrangements under the Foreign Arrangements Scheme.

Foreign Arrangements Scheme (FAS)

The Foreign Arrangements Scheme (the Scheme) is established by Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act). The Scheme ensures arrangements between State/Territory entities and foreign governments and their entities do not adversely affect Australia's foreign relations and are consistent with Australia's foreign policy. These may include written arrangements, agreements, contracts, understandings or undertakings.

Obligations

Under the scheme, the university is required to notify the Foreign Minister if it proposes to enter a non-core arrangement* with a foreign entity. The scheme only applies if the university enters an arrangement with a foreign government or a foreign university that lacks institutional autonomy. The vast majority of foreign universities do not fall into this category.

The Act authorises the Minister of Foreign Affairs to determine whether an arrangement is compatible with Australia’s foreign relations and policy.

*As a university, Notre Dame is defined as a non-core entity so most of our arrangements will be defined as non-core unless we are in a consortium agreement that includes the Australian government.

Our process

1. Notification is provided to undasecretariat@nd.edu.au when considering entering into any arrangements with a foreign entity. Arrangements include written agreements, arrangements, contracts, understandings or undertakings and may or may not be legally binding. Arrangements also include those made informally in writing (such as MOUs or letters), as well as variations of existing arrangements and exercises of options to extend arrangements.

   Information to be attached to the notification:

   • Completed FAS Due Diligence Form
   • Copy of draft arrangements if available
   • Governance documents of the partner institution, for example, an annual report, a governance structure diagram, website information, Board composition
2. Assessment undertaken, informed by appropriate legal advice.
3. University Secretary, as an authorised officer, reports foreign arrangements to the Commonwealth on behalf of the University as necessary. This requires initial notification of intent and a subsequent notification once the arrangement is entered into.

Research staff will be required to complete the following Foreign Arrangements Scheme Due Diligence form when prompted by the Integrated Research Management Application (IRMA).

Further information

• DFAT guidance on institutional autonomy
• DFAT Fact Sheet 4 Australian Universities
• DFAT Fact Sheet 1 Overview