Leah Blyth (SA, Liberal Party, Shadow Assistant Minister for Stronger Families and Stronger Communities) Share this | Hansard source

Is this the kind of heavy-handed approach we want to have? Can universities really be expected to regulate the heinous actions of individuals?

The national code will be created by the Minister for Education under delegated legislation. The Senate Standing Committee for the Scrutiny of Bills questioned the appropriateness of this. The committee noted a lack of detail in the Universities Accord (National Higher Education Code to Prevent and Respond to Gender-based Violence) Bill 2025 as to what the code must contain and/or a more detailed explanation in the explanatory memorandum on the need to set the code entirely out in delegated legislation. We must scrutinise the implications of this approach. By allowing the minister to create the national code through delegated legislation, we open the door to government overreach that could undermine the autonomy of our higher education institutions. The stakes are high, and it is imperative that we engage in a thorough discussion about the potential consequences of such broad powers.

Is it really appropriate for a bill of this magnitude to not actually set out the national code and to give the minister such broad powers? At clause 17(q), it says the national code may 'include any other matters that the minister considers are necessary or convenient to give effect to the purpose of the national code'. The broadness of the powers in this bill and the ambiguous nature of its provisions must be questioned in this chamber.

There is also the question of how many layers of bureaucracy we need. This bill will introduce a new dedicated unit of the Department of Education to simply monitor the code. That's more taxpayer money on more regulation. This space already has a national student ombudsman, an action plan addressing gender based violence in higher education and the National Plan to End Violence against Women and Children 2022-2032. You cannot regulate your way out of bad behaviour, but adding yet another layer of bureaucracy to an already complex system could lead to inefficiencies and confusion rather than the intended improvements. Why can the government simply not strengthen the powers of the independent regulator TEQSA, and will this new regulatory body actually lower the incidence of gender based violence?

There is also the very pertinent question of priorities. The government has an opportunity to address more than just gender based violence. The coalition has been asking why the government has not introduced the same standards for antisemitism on campus. The fact is that no student should have to choose between their safety and their education, which is why the coalition has moved an amendment calling on the government to establish a code to prevent and respond to antisemitism. Over half of Jewish university students hide their identity at university. How can we support the free expression of ideas at our institutions of learning when our students cannot even feel safe to acknowledge their cultural background? We've seen clear attempts to silence and intimidate Jewish academics, staff and students. That is completely unacceptable. University campuses must be safe for everyone, and that includes Jewish Australians.

The Special Envoy to Combat Antisemitism in Australia, Jillian Segal AO, noted that antisemitism is ingrained and normalised in academia and cultural spaces. The special envoy has proposed withdrawing or terminating public funding to universities where antisemitic conduct isn't adequately addressed. This is the kind of measure we should be taking—a removal of taxpayer funding arrangements to incentivise universities to act with purpose and without adding more bureaucrats to the public payroll. The special envoy also recommended a dedicated judicial inquiry be undertaken to address systemic issues, including the investigation of foreign sources of funding for antisemitic activities and academics at universities.

Antisemitism in Australian universities is a cultural and social cancer that needs attention through our schools, universities, media and even the arts, but the Prime Minister refuses to back the report by the special envoy. He won't commit to the actions, won't say what he supports and won't lead. Jewish Australians deserve action not excuses. It is incumbent on the government not to delay but to act, and the Minister for Education won't implement a single recommendation until receiving a report from the Special Envoy to Combat Islamophobia. Why on earth would you wait? There is nothing within the recommendations that would require the government to wait for a report on a separate topic, which incidentally has no known release date. The government can, and must, act now. As the Executive Council of Australian Jewry's co-chief executive Alex Ryvchin said, this is something that cannot and should not wait.