Senate debates

Thursday, 10 August 2023

Committees

Education and Employment Legislation Committee; Meeting

3:48 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

I seek leave to move a motion relating to the inquiry into the Higher Education Support Amendment (Response to the Universities Accord Interim Report) Bill 2023.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Is leave granted? Leave is not granted.

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

Pursuant to contingent notice standing in my name, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to the committee inquiry into the Higher Education Support Amendment (Response to the Universities Accord Interim Report) Bill 2023 and that the question be put.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

I am informed you can't move the motion, but you can debate it for five minutes.

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

Thank you, President. I will simply inform the Senate that this motion, which will hopefully be circulated shortly, is a motion to provide for the Education and Employment Legislation Committee to undertake at least two public hearings in its inquiry into the provisions of the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. I believe the Senate determined earlier today to conduct this inquiry. The committee subsequently has met, and government senators have blocked any ability for hearings to be undertaken. This could be resolved relatively quickly and simply if the government is willing to simply concur with the motion, directing the committee to hold at least two public hearings. I think the Senate has indicated the way it is likely to vote on this, given it did direct the hearing be undertaken.

I'm happy to speak for a minute or two while the government considers its position in relation to this, but, again, to be clear as to what is occurring on this matter: earlier today the Senate made clear that it wished for an inquiry to take place in relation to government legislation, namely the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. In making that will clear, obviously the expectations of the opposition and I believe all of the crossbenchers who supported the opposition at that time were that a normal inquiry would occur. Submissions would be sought; submissions would be received. There would be a willingness to conduct hearings in relation to it, and the ordinary course of events would happen, just as transparency provisions, usual practice of the Senate, would ordinarily allow for such transparency to happen.

As it turned out, the committee subsequently met and I understand government senators used their numbers in that legislation committee to block the request, the perfectly reasonable request, for some hearings to be agreed to as part of that inquiry. And so we find ourselves here, on Thursday afternoon of the sitting fortnight, having to bring the motion to the Senate simply to enable the committee to function in its own ordinary, usual way.

We can truncate all of this fairly quickly if the government can give an agreement that it will happily pass this motion, allow for two public hearings and therefore the committee just undertakes its business in the normal course of events. Otherwise, we'll have to proceed through with the full suspension of standing orders and, in proceeding with the suspension of standing orders, then move through to ultimately pass the motion. We can never predict the will of the Senate, but I do point out to the government that on this particular issue the Senate has already made clear its will today that an inquiry be undertaken. My colleagues Senator Henderson, as the shadow education minister, and Senator O'Sullivan, who does such outstanding work on the employment and education committee, have engaged. They seek to simply ensure proper transparency, proper accountability of the government and a willingness to actually pursue these issues.

President, I don't wish to go over the substance of the bill that is before the committee. It's a substantial bill. It has a number of significant issues for the parliament to consider before the passage of that bill. It's why the Senate agreed that an inquiry into the bill should be undertaken. And if we're to have an inquiry it ought to be a proper inquiry. And frankly it's quite outrageous that those opposite, who just guillotined consideration of a significant budget policy, and they did so in the most extraordinary of circumstances, using the most extraordinary of precedents to have one of their own Labor senators move a motion to disallow one of their own government policies but then to have her not vote for the motion she moved herself—it was certainly one of the more preposterous and extraordinary things I've seen in this chamber.

But here, President, we very much have the normal, ordinary workings of the Senate. And for a government that was elected making so many calls and promises about the transparency it would bring, the accountability it would bring, the respect to the parliament it would bring, its actions in relation to this inquiry to date show no accountability, no transparency and no respect for the Senate. There's a last-gasp chance that it could simply agree to this motion without the need for further debate and enable the committee to do its normal work and due diligence.

3:54 pm

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

I support this motion and I'm very hopeful that the government and the Greens will not attempt to shut down public hearings on this critically important bill. The Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023 is a very important bill which deserves public hearings. One of the key issues is the proposal by the government to put in place a student support policy that will hold universities to account to ensure that students complete their degrees. At the moment, only 41 per cent of undergraduate students who attempt a four-year degree complete it within that time, and if you are an Indigenous student the figure is only 26 per cent. So there are some very pressing issues, and Australian students, the university sector and other key stakeholders deserve the right to be heard.

One of the very important issues that we want to canvass at this public hearing is the horrific situation with sexual assault and sexual harassment on university campuses. I will say again for the record that in 2021 a national student safety survey found that one in 20 students had been sexually assaulted in the past 12 months. It is deeply concerning that, while the government has foreshadowed the critical need for student support and a policy, it has failed to reference the safety of students with respect to the sort of support that the government should be providing.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Henderson, I've given you a fair bit of leeway. The motion before us is one to suspend, and I remind you that you need to be articulating the reasons for suspension.

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

This is absolutely to my point. We do not agree that the voices of students and others affected by deficient university policies with respect to the safety of students should be shut down. This is an attempt to shut down the voices of those who really matter on university campuses. This is an attempt to try to circumvent the normal Senate processes. So I say to the Senate today, to the government and to the Greens: we ask for your support so that we can put in place at least two public hearings for this very important bill inquiry.

3:57 pm

Photo of Tony SheldonTony Sheldon (NSW, Australian Labor Party) Share this | | Hansard source

Regarding this matter, we did have a meeting of the committee and we did consider the matters that are before us. In that discussion we said that we would take submissions and that we would revisit whether there was a necessity for hearings. I do recognise the fact that the opposition said that they wanted to have hearings. It had been the decision of the committee to delay that, but I'm prepared to reconsider that. As those in this chamber are aware, there are many, many matters that come before the committee that I'm on. I regularly hold hearings. Some people are rather disturbed at the number of hearings that we have on some of the matters we have, but I have a very strong view about making sure, when legislation comes through, that, where we can, we do have hearings, and I'm happy to suggest and recommend, if I'm using the correct wording, that we have a couple of hearings regarding this matter on the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Are you seeking a point of clarification, Senator Henderson?

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

I am seeking a point of clarification.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Please go ahead.

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

I understand that this is a motion for the suspension of standing orders.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

That's correct.

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

Can I clarify for the benefit of the Senate that the committee, of which Senator Sheldon is chair, will agree to hold at least two public hearings as part of this bill inquiry?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

That's what I heard, but, for clarity, I will ask Senator Sheldon to confirm that.

Photo of Tony SheldonTony Sheldon (NSW, Australian Labor Party) Share this | | Hansard source

We will certainly have two hearings. It is a pity, because there was a process put in place, of which many senators in here will be fully aware and which I've made available on previous occasions, for hearings to be held. But, yes, there will be two hearings. As the normal practice would be, I will always cooperate with senators on both sides of the chamber and on the crossbenches to have hearings on matters where I can.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Henderson, we're not in committee stage. This is very extraordinary. Be super quick.

Photo of Sarah HendersonSarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | | Hansard source

President, I'm just thanking Senator Sheldon. We look forward to those two public hearings at least.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Faruqi, are you seeking the call?

4:00 pm

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

I am, just to say a few words about the previous motion.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The motion is still on foot.

Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

Yes, the current motion. We had a meeting today and, as Senator Sheldon has said, we did come out with a process, but if the other side are really keen on hearings then we will not stand in the way of that. We look forward to those hearings.

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

I thank Senator Sheldon for attending the chamber and for providing that advice to the chamber and that commitment, importantly, to Senator Henderson and other senators participating in the inquiry. On the basis of the commitment given by Senator Sheldon, I seek leave to withdraw the motion.

Leave granted.