Senate debates
Monday, 28 July 2025
Bills
Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025, Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025; Second Reading
7:05 pm
Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Hansard source
It's a pleasure to rise to speak to the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 and the related bill, the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) (Consequential Amendments) Bill 2025. The coalition, unsurprisingly, supports this bill and, of course, the purposes of it: to establish a national code to prevent and respond to gender-based violence in higher education. It affirms that everyone on a university campus, be they students or staff—and residents as well—has the absolute right to be safe.
The Universities Australia 2021 National Student Safety Survey reported some very alarming figures for all of us to consume, those being that one in 20 students report being sexually assaulted and one in six, shockingly, report being sexually harassed. Over half of students didn't understand the formal reporting processes available to them, and almost half were unaware of where they would be able to get support.
The bill, of course, is necessary because the Tertiary Education Quality and Standards Agency, TEQSA, failed to hold universities accountable. TEQSA does have existing powers to highlight university failures but did not act, and the minister did not strengthen TEQSA's powers or hold the regulator to account. This will establish a specialist unit within the Department of Education to act as the new regulator.
The coalition does have some concerns about placing regulatory responsibility within the Department of education rather than strengthening the independent regulator, TEQSA. The coalition notes that embedding this function within the department risks politicising regulation and undermining confidence and impartial enforcement. The minister is granted broad powers to set and enforce the code via legislative instrument. However, we are committed to supporting the initiatives in the higher education sector that aim to prevent and respond more effectively to the pervasive issue of gender based violence at university campuses. The coalition again acknowledges the work of advocates like Fair Agenda, End Rape on Campus and the STOP Campaign to improve the safety of students and staff on campus.
However, more action, of course, must be taken by this government to respond not only to the terrible proliferation of this activity but also to the rise of antisemitism on university campuses. That is why we foreshadow a second reading amendment to the bill, which is similar to an amendment that was moved in the last parliament to this bill's predecessor. The coalition's amendment seeks to establish an additional national higher education code to prevent and respond to antisemitism. It responds to the real and urgent circumstances of antisemitism that students are facing at universities. We know that young people under 35 don't recognise the seriousness of antisemitism and don't treat it properly, and that is in part because of what is happening at our universities. Universities should be life-transforming places where people go to get an education. They should help give students more opportunities in life. They should be a place where students can freely debate and engage in ideas. Recently, there has been an attempt to silence and intimidate Jewish academics, Jewish staff and Jewish students.
In addition to creating a code to prevent and respond to antisemitism, this amendment would make it clear to all higher education students, staff and providers that everyone on a higher education campus has a right to feel safe. It would also impose on universities a range of obligations considering student and staff safety, which is very important given the alarming increase in antisemitic incidents on university campuses since 7 October 2023, and it would also ensure that higher education providers must comply with the recommendations of the National Student Ombudsman concerning the national higher education code to prevent and respond to antisemitism. The coalition notes that we moved a similar amendment, as I mentioned before, when this bill was before the House of Representatives, the other place, earlier this year.
No student should have to choose between their safety and their education. An August 2023 national survey found that 64 per cent of Jewish university students experienced antisemitism, 57 per cent hid their identity and 19 per cent avoided campus due to safety fears well before the sickening events of October 7. We've seen clear attempts to silence and intimidate Jewish academic staff and students. That is, frankly, completely unacceptable. University campuses must be safe for everyone, and that includes Jewish Australians. Of course, the government has had years to act, along with universities, but unfortunately to date have failed to provide protection, recourse or cultural change.
The Special Envoy to Combat Antisemitism in Australia, Jillian Segal AO, noted that antisemitism is ingrained and normalised in academia and in cultural spaces. The special envoy has proposed to work with government and grant authorities to withdraw or terminate public funding from universities where antisemitic conduct isn't adequately addressed. The special envoy has recommended:
Should significant problems remain at universities by the start of the 2026 academic year, as assessed by the Envoy's report card, a dedicated judicial inquiry should be undertaken to address systemic issues, including the investigation of foreign sources of funding for antisemitic activities and academics at universities.
This report shows that antisemitism is not just a problem of security or law enforcement; it's a cultural and societal cancer that needs attention through our schools, our universities, our media and indeed even the arts. The report confirms what Jewish Australians have been telling us for months—that antisemitism has surged to crisis levels while our prime minister has refused to act. The report shows that it's not just a problem for security and defence forces; it's much broader than that.
The Prime Minister has failed to commit to the actions required in the plan delivered by the special envoy, and he hasn't been able to indicate which ones he will support and which ones he will not. As the Executive Council of Australian Jewry co-chief executive Alex Ryvchin said:
Ms Segal is the government's expert adviser on addressing the specific problem of anti-Semitism and, after deep consultation, she has produced a clear and practical road map for ending a crisis of more than 21 months and counting. This is something that cannot wait.
So it does beg the question of why we are waiting for the report relating to the activities related to Islamophobia before we act on the special envoy's report. We do commend this second reading amendment to the Senate, and, as I indicated before, the coalition will support this bill.
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