House debates

Wednesday, 24 February 2021

Bills

Higher Education Support Amendment (Freedom of Speech) Bill 2020; Second Reading

11:52 am

Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Minister for Communications, Urban Infrastructure, Cities and the Arts) Share this | Hansard source

I thank all members for their contributions to this debate. The Higher Education Support Amendment (Freedom of Speech) Bill 2020 will amend the Higher Education Support Act 2003 to give effect to the recommendations of the Independent Review of Freedom of Speech in Australian Higher Education Providers conducted in 2019 by the Hon. Robert French AC, former Chief Justice of the High Court of Australia.

The amendments will provide a new legislative definition of 'academic freedom' that encompasses aspects of freedom of expression that are characteristic of the relationship of higher education institutions, academic staff and students. They will also enshrine the need for public universities to have a policy that upholds freedom of speech and academic freedom. These are fundamental tenets of Australian higher education, and this bill will provide stronger protections for both academic freedom and freedom of speech in Australian higher education.

The central recommendation of Mr French's review was the adoption of a model code on freedom of speech and academic freedom. As outlined in the Walker review of progress towards this goal, which was released on 9 December 2020, 23 out of 42 institutions have either fully implemented the code or are mostly aligned, but there is more to be done by the remaining institutions.

The government encourages all universities to consider Professor Walker's evaluations and to take steps to respond to her recommendations. I acknowledge that the bill's definitions of 'freedom of speech' and 'academic freedom' do not seek to impinge on the beliefs and the religious ethos of an institution. I commend the bill to the House.

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