Universities will be required to develop definitions of racism, including antisemitism, Islamophobia and prejudice against Indigenous people, under changes that come into effect next year. It coincides with hearings of the Royal Commission into Antisemitism and Social Cohesion where Jewish students have detailed their experiences on campus.
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TRANSCRIPT:
Universities will be forced to adopt definitions of racism - including antisemitism, Islamophobia, and prejudice against First Nations people - under a set of new standards.
The changes also require them to implement transparent complaints processes, and provide clear guidance to students and staff on actions that enhance safety and security.
The reforms coincide with hearings at the Royal Commission on Antisemitism and Social Cohesion that are focussed on allegations of antisemitism on campus.
A former student at the Australian National University, Liat, spoke to the media before giving evidence.
"What I experienced was harassment, was vilification, and at times physical abuse. I was spat at by people. I had people perform Nazi salutes in my direction. I was called a baby killer and a genocide supporter, and no student should be subjected to these sorts of sorts of behaviours."
Liat says her experience of antisemitism escalated after an attack by Hamas on October 7, 2023, triggered Israel's bombardment and subsequent occupation in Gaza.
Student movements mobilised across the country to oppose Israel's actions, culminating in student encampments at several universities.
The protests were celebrated by some, but condemned by others - and counsel assisting the royal commission, Zelie Heger SC, has acknowledged responses to the conflict have divided opinion.
"It's not always easy to discern when legitimate expressions of opinion cross the line into antisemitism or other forms of racism, particularly in the context of the conflict in the Middle East. Nevertheless, the difficulty of striking that balance cannot be used as an excuse for inaction. The line can and must be drawn."
She says a recurring theme is Jewish staff and students being assumed to take a particular position on the conflict in the Middle East.
"As we've heard in other hearing blocks, and we'll hear again this week, there are diverse views amongst the Jewish community as to that conflict. Many Jews are opposed to the actions of the government of Israel. Indeed, there are Jews who do not identify Zionist or do not identify with the state of Israel at all."
The politics of Israel's conduct in Gaza and the West Bank are also playing into debate about the new racism standards.
Under the changes, universities will not be forced to adopt a specific definition of antisemitism, but rather develop their own.
Speaking to the ABC, Shadow Education Minister Julian Leeser has demanded the government mandate the adoption of the controversial definition from the International Holocaust Remembrance Alliance.
"This is another instance where we will have to drag the government kicking and screaming because the universities have to be dragged kicking and screaming again to do the right thing."
The IHRA definition has been endorsed by the Australian Government, and its Special Envoy on Antisemitism, Jillian Segal, but opposed by others.
The person who drafted that definition, Kenneth Stern, says it has now been weaponised and used to suppress criticism of Israel.
Home Affairs Minister Tony Burke has told RN Breakfast the government's approach will do enough to protect student safety.
"It's important that universities are given clear standards and metrics that they're being measured against, and that they're measuring themselves against, to make sure that the experience of a student in Australia, no matter no matter who you love, no matter where you're from, no matter what you believe, is an experience of safety."
Much of the discussion around safety has centred on student encampments - one of which Yasmine Johnson helped organise at the University of Sydney.
The co-convener of Students for Palestine describes herself as an anti-zionist Jew.
"I think our campuses should be spaces of anti-racism, and that people who attend them, who have racist views, which involve support for apartheid states, which are carrying out genocide, should be challenged on those views. And I think it is a fundamental part of freedom of speech and freedom of expression that we have the ability to challenge those views on campus, whether or not they feel what other people feel confronted by that challenging."
She suggested critics of Israel are being silenced.
"What kind of world am I living in, where a genocide can be carried out, and what happens is that there are calls for muzzling our national broadcasters to say that they can't speak accurately about this event. I have a view that the universities have been curtailing free speech, and I think we should have the right, and our media should have the right, and our politicians should actually stand up to what is happening and speak about the genocide that's going on in Gaza, which has been denied repeatedly. And I think you know that that's a fundamental part of our free speech. And so I don't think that that's threatening. I think it's standing up for justice."
How these tensions will ultimately navigated largely remains to be seen, with universities given until the end of this year to develop their definitions of antisemitism.
In a statement, the Tertiary Education Quality and Standards Agency said all higher education providers must comply with the new racism requirements from January 2027.
The agency said it will issue guidance to ensure the sector adequately defines and develops meaningful responses.
On Sunday, Education Minister Jason Clare suggested to Sky News these changes are just the first step.
"What we also need to do is give the regulator of universities more teeth, more powers when universities fail to act, to be able to find them. The regulator at the moment, if it wants to find a university, needs to go to court. I figure that that's not the right approach, and so I'll introduce legislation to give the regulator more powers over the coming months."
