The Commission of Inquiry into Antisemitism at Australian Universities Bill 2024 establishes an independent inquiry with the powers of a Royal Commission to investigate the prevalence of antisemitism on Australian university campuses and how universities have responded.
It aims to identify gaps in policy, safety measures, education and complaint-handling, and to recommend legal, regulatory or institutional reforms to better protect Jewish students, staff and visitors.
The Bill creates the Commission of Inquiry into Antisemitism at Australian Universities, headed by a Judge appointed by the Minister. “Australian university” is defined by reference to the Higher Education Support Act 2003 and the Constitution. The Commissioner has equivalent powers to those under the Royal Commissions Act 1902 (hearings anywhere, not bound by evidence rules, power to grant privileges and immunities) and may be assisted by Department of Education staff.
Clause 6 sets out the terms of reference: to inquire into incidents of antisemitic harassment, intimidation, violence, glorification of violence or support for listed terrorist organisations both before and after 7 October 2023; to examine university-level responses including policies, definitions (e.g. IHRA definition), enforcement, disciplinary processes, security arrangements, curriculum content, and support services; and to consider other matters that emerge.
Clauses 7–15 cover hearings, evidence, staff assistance, privacy and disclosure exemptions (aligning with Royal Commission practice), application of the Archives and Freedom of Information Acts, and rule-making powers for the Minister. The Bill carries no additional appropriation: funding is from existing appropriations.
Antisemitism on campus undermines the basic right of Jewish students and staff to equal treatment and a safe educational environment. Under international law (ICERD Article 2) Australia must take concrete measures to eliminate racial and religious discrimination, including in higher education. A Commission with Royal Commission-level powers can thoroughly identify systemic failures and recommend binding reforms.
Universities have struggled to apply a clear, consistent definition of antisemitism and to enforce policies in ways that protect individuals without suppressing legitimate debate. This inquiry will ensure transparency, compel evidence from universities and affiliated bodies, and spotlight best practices like adoption of the IHRA definition and robust complaints mechanisms.
Ensuring that Jewish students and staff can fully participate in campus life strengthens academic freedom, fosters pluralism and upholds democratic institutions. An independent inquiry will build public confidence, guide targeted policy changes and uphold Australia’s commitment to non-discrimination.
Universities already have existing anti-discrimination frameworks, campus security protocols and complaint-handling procedures. It is unclear whether a fresh, high-cost inquiry with largely duplicative powers will yield materially new insights or improved outcomes [Judgment].
Royal Commission-style processes can be time-consuming and may divert attention and resources from immediate on-campus interventions. If the root causes are cultural or require agile institutional responses, a one-off Commission risks being too rigid to produce actionable change.
Finally, subjecting universities and student bodies to another layer of public inquiry may chill open discussion and academic freedom, as staff and students may fear reputational damage or reprisals for expressing controversial viewpoints [Judgment].
2024-06-25
Senate
Before Senate
HENDERSON, Sen Sarah
Unspecified
Discrimination / Human Rights, Education, Democratic Institutions