Senate debates

Monday, 15 March 2021

Bills

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

12:20 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party) Share this | Hansard source

I am in continuation on the Higher Education Support Amendment (Freedom of Speech) Bill 2020. In the few moments left, I turn to the issue of how this bill intersects with faith based higher education institutions. As my colleague Mr Leeser advised the other place, former Victorian Crown counsel Mark Sneddon made this observation: 'The current Western secular notion of academic freedom used in the French report implicitly values knowledge derived through empirical, scientific and closed-universe knowledge rather than knowledge which is in part derived through faith traditions and revelation. That sets the scene for an academic staff member or a student to claim an academic freedom to deny the faith tradition and revelation on the basis of the empirical data and secular logic.' The French and Walker reviews didn't ask about or consider this issue in their reports. There are real, albeit, thankfully, few, examples of academics at faith based institutions who have recanted on the core beliefs underpinning their particular institution. When eight institutions with an enrolment of about 10,000 students express a concern, it's appropriate to take note.

Our schooling system rightly acknowledges Islamic teachers for Islamic schools as being an essential requirement for maintaining the schools' ethos—so too Christian teachers for Christian schools. Similarly, with broadcasting in our community, we expect a particular standard from our publicly funded broadcaster which may rightfully differ from that of our private or community radio stations, be they JOYFM in Melbourne or 106.5FM in Hobart, southern Tasmania.

Protecting the integrity and reason for being of our faith based institutions is vital. At this late stage I would respectfully suggest for consideration by the government the inclusion of the following statement in the explanatory memorandum: 'Higher education institutions which have a religious ethos may require their staff and students to exercise their freedom of speech and academic freedom in a manner that does not denigrate and is respectful of the beliefs and practices of the religion and its adherence and the religious ethos of the institution.' I acknowledge the procedural issues with this request, in the current state we are with this bill. At a minimum, could I invite the minister with carriage of the bill to include in the summing-up the statement made in the other place confirming that this bill does not intend to impact on the right of faith based institutions to hire and continue to employ staff in accordance with their religious ethos. That said, I commend the bill to the Senate, but, with the comments I've made, invite the government to consider the protection of faith based institutions.

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