Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

At the request of Senator Waters, I seek leave to move a motion commending student protest encampments, as circulated.

Leave not granted.

Pursuant to contingent notice standing in the name of Senator Waters, I move:

That so much of the standing orders be suspended as would prevent Senator Waters moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to student protest encampments.

If you have a heart, you should be haunted by the images coming out of Rafah, where Israel is slaughtering Palestinians again in plain view of the world. You should be haunted by the slaughter of newborns, toddlers and children in Gaza. You should be haunted by the attacks on hospitals, schools, refugee camps and mass graves. But you are cold, callous and calculating politicians who are instead full of contempt for those protesting this genocide. You are full of contempt for students who are camping out for Gaza. The moral bankruptcy of Labor and other so-called leaders in the face of this massacre is a stain on our collective conscience.

The Gaza encampments at unis across the continent are a reminder, though, that all is not lost. It is a matter of urgency that they be supported. In a world where one Western government after another is complicit in Israel's genocide of Palestinians, in a world where we see the abject failure of the Labor government to take any action and in a world where the neoliberal university has been complicit in warfare, the students are fighting back. The Greens are in solidarity with students across the country peacefully protesting, taking action and speaking out for Palestine with such courage in the face of lies, abuse, harassment and intimidation.

While the Labor government remains complicit in this genocide, we have the Liberal Party, who are utterly devoid of humanity. The Jewish Council of Australia's executive officer, Dr Max Kaiser, has said he is deeply concerned by what he calls:

… the weaponisation of antisemitism by the Liberal Party to target students who are standing up against the genocide of the Palestinian people.

Why are you lot so threatened by a bunch of university students registering their moral opposition to Israel's genocide that has slaughtered more than 35,000 Palestinians? Why aren't you as concerned about the genocide itself? Power to the students who have the integrity, the bravery and the humanity that are completely lacking in this government.

Students in the US have faced extreme repression, abuse and outright violence from the police. Management of their own universities have disgracefully turned against them. This must not be mirrored here, but sadly and shamefully it has already started, with Deakin University wanting the encampments dismantled. In the past few weeks, we have seen very concerning attacks and violence targeted at peaceful Palestine encampments on campuses, despite protesters making clear that their encampments are proudly antiracist and do not tolerate antisemitism or any form of racism.

An open letter signed by over 500 academics and staff across Australian unis demands that political leaders and media representatives cease their rhetorical attacks on and vilification of the student encampments. The world has changed forever. All eyes are on Palestine. We have protests and encampments across the world demanding an end to Israel's occupation, apartheid and genocide. Cries of a free Palestine are echoing from Hiroshima to Barcelona, from New York to Sydney, from rallies and encampments to sold-out concerts with Macklemore, who says:

What is threatening about divesting and wanting peace?

The problem isn't the protests, it's what they're protesting.

These students understand that business as usual in the place where they live, work and study allows the genocide to continue unabated, and they are calling on their institutions to cut ties with weapons corporations and all those who are complicit in this genocide. They understand that our freedoms are interlinked and so are our oppressions. These students are firmly on the right side of history. Complicit governments and VCs cannot extinguish these protests and should not attempt to do so. Instead of trying to crush legitimate peaceful protests, it is time for VCs to listen to the divestment demands of the Gaza encampments.

As for Labor, your hollow calls and empty words of concern to Israel are achieving nothing. Take action. Back the student Gaza encampments. Expel the Israeli ambassador. Sanction Netanyahu and his war cabinet. End military trade with Israel.

Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source

This motion to suspend standing orders must be opposed. The encampments on university campuses are fuelling shocking levels of hate, incitement and antisemitism across this country. They are dividing students and they are causing extraordinary distress to Jewish students and staff. What is going on in Gaza right now is horrific. The Israel-Hamas war is horrific, but I condemn Senator Faruqi, who failed to condemn Hamas, the terrorists who have terrorised innocent Palestinians and who murdered hundreds of innocent Israeli men, women and children on 7 October last year and are still holding many hostages.

I commend Deakin University, which has shown leadership and has taken the very strong action to shut down the encampment at its Burwood campus. The request it has made to the organiser of the encampment is because of the university's responsibility to ensure the safety, security and amenity of all campus users. The letter by Kerrie Parker, Deputy Vice-Chancellor University Services, reads: 'The university takes its obligations in relation to ensuring the health, safety and wellbeing of staff, students and visitors to the campus very seriously. Our Deakin community and the individuals it comprises each have the right to access and enjoy a safe and secure learning and working environment free of impediment, intimidation and harassment. This is compromised by the continued presence of the encampment. The closure of Morgans Walk, a restriction brought about by the unacceptable behaviour of protesters, is creating an impediment to the normal use and function of the campus.'

Senator Faruqi's representation that this is all peace and love is absolute rubbish. These encampments are causing hatred, distress and intimidation not just for Jewish students and staff but for so many visitors, students and staff on university campuses. The mother of a Jewish student wrote to me the other day and said, 'My son is being told not to go into the quadrangle, which is the centre of the University of Sydney, because of the encampment.' He is being barred from having free access to his own campus. It is an absolute disgrace. Frankly, this is a very important opportunity for the government to show leadership. It is a test of leadership for this hapless education minister, Mr Clare, and the Prime Minister, who need to say: 'Enough is enough. The encampments must end.'

I salute Deakin University, which is showing leadership, which is taking a stand and which strongly supports free speech, the right to protest and academic freedom. The ability to undertake protest, political discourse and debate at Deakin and at every university should not be infringed upon or curtailed by activities which pose serious risks to students, staff and visitors at campuses. As Deakin says, the encampment there 'poses hygiene and safety risks and restricts the access, availability and use of Deakin premises and facilities for the benefit of the Deakin community of users'.

So I say to the government and to Senator Chisholm, who I believe is going to speak next on this motion: please use this as an opportunity to at last take a strong stand against these encampments because, frankly, we have seen a shocking failure of leadership from the education minister, who could not even condemn or understand the use of terrorist chants like 'intifada', because they mean different things to different people. Even the Prime Minister had to step in and slap him down. This hapless education minister has failed to directly condemn the encouragement of children to chant terrorist chants, such as 'intifada', and it is time we saw leadership from the Albanese government to end the encampments.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

The government does not support this motion for the suspension of standing orders. Rather than disrupting the routine of business, there are other opportunities to advance these arguments in the Senate, including as a matter of public importance, as an urgency motion in the general business debate, in senators' statements or in the adjournment debate. It's also clear that this motion is drafted to be absolutist. It's another example of the Greens seeking to divide the community on these issues by taking an absolutist position. They are seeking to win votes in the community, rather than work to achieve social cohesion. But it is typical of what we have seen from the Greens on this matter.

The government believes all Australians have the right to be safe in their home, in their communities and, indeed, in their education institutions, workplaces and online. The Australian government has a zero-tolerance approach towards violence and expects all students to act respectfully towards each other. Antisemitism, Islamophobia and any other form of racism, harassment, discrimination or intimidation must not be allowed to threaten the safety of students and staff on Australian university campuses. Any incidents on campus that contravene the law should be immediately reported to the police.

Universities must uphold their obligations under the Higher Education Standards Framework (Threshold Standards) 2021, which include having policies in place around freedom of speech, fostering a safe environment and ensuring student and staff wellbeing. While universities must uphold freedom of speech, this does not extend to protecting or tolerating discriminatory or hate speech, including antisemitism or Islamophobia. Universities are taking action where they have identified such issues. For example, the Australian National University is investigating claims of threats against Jewish students and has taken disciplinary action where it deemed appropriate. The University of Queensland is engaging with protest organisers, is monitoring activities and has increased security and has also reported incidents to police where it deemed appropriate. Monash University vice-chancellor emailed all staff on 9 May 2024 to affirm that, while the university defends freedom of speech, it does not tolerate behaviour that is not in line with university policies on community safety or antidiscrimination. Under the threshold standards, providers must also have effective grievance processes in place to enable complaints to be made without fear of reprisal and which provide for a review by an appropriate independent third party if internal processes fail to resolve disagreements.

The higher education sector regulator, the Tertiary Education Quality and Standards Agency, wrote to the higher education providers last week to remind them of their obligations under the threshold standards to ensure appropriate measures are in place to uphold the safety and wellbeing of students and staff. Should TEQSA identify any noncompliance with the threshold standards, its regulation actions can include placing conditions on a provider's registration, and TEQSA can also issue an infringement notice or seek a civil penalty in court in the conditions TEQSA places on providers if they are breached. Those are the options that are available.

It is an issue the government has taken seriously. Again, I note that on this the Greens are always seeking to look for votes and mine for votes. They don't actually seek social cohesion, which is what the government is aiming to achieve. I move:

That the question be now put.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the motion be now put.

Question agreed to.

The question is that the motion moved by Senator Faruqi be agreed to.