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

I seek leave to table my second reading speech.

Leave granted.

Everyone on a university campus has a right to be safe. This includes the University of Sydney, which is today in crisis because of its serious continuing failures to protect Jewish students and staff from antisemitic hate and incitement and discrimination.

As reported in today's Australian article 'Jewish groups turn on Sydney University', a coalition of Jewish organisations has united to say they have lost confidence in the ability of Australia's oldest university to keep Jewish students safe. In a joint statement, the NSW Jewish Board of Deputies, the Executive Council of Australian Jewry, the Australasian Union of Jewish Students, the Zionist Federation of Australia, the Australian Academic Alliance Against Antisemitism, and the Australia/Israel & Jewish Affairs Council states they 'stand ready to provide support to Jewish students and staff' who now wish to leave the university.

Last Friday, the university recklessly agreed with its Muslim student society to disclose all research projects, partnerships and investments in defence and security related industries. The society is demanding the university cut all ties with Israel. The university has included a member of the society in a working group to review all such arrangements, raising expectations of full divestment.

In appeasing pro-Palestinian activists, as a condition of removing their protest encampment, the University of Sydney's vice-chancellor, Mark Scott, has capitulated to people linked to the radical Islamist group Hizb ut-Tahrir, a prescribed terrorist organisation in the United Kingdom. Such weakness by university leaders not only rewards antisemitic protest activity but exposes many researchers and companies to the risk of being targeted by further campaigns of hate and incitement. How can students and staff be safe on a university campus when vice-chancellors are bargaining with extremists?

To make matters worse, as has now been revealed, the vice-chancellor's office was reportedly informed the encampment had been infiltrated by members of this extremist group in early May but took no action to remove these people from university grounds until it was exposed in the media many weeks later. Mr Scott's decision to turn a blind eye to the activities of radical extremists on campus is a serious dereliction of duties.

Appallingly, the rationale for not acting, according to a university spokesman, was because Hizb ut-Tahrir is not deemed a terrorist organisation by authorities here in Australia. The Jewish groups also say in their statement:

Many of the protesters were from outside the University, yet they were allowed to menace the University community and disturb campus life without challenge. They have now been rewarded for doing so.

The Jewish groups have rejected the University of Sydney's offer to participate in the working group and have called on others not to partake in this sham and fundamentally flawed process. I have called on the Albanese government to urgently investigate all circumstances surrounding the presence on campus of Hizb ut-Tahrir and any other extremist group at the University of Sydney and to overturn this reckless agreement with activists, along with a similar agreement reached by the University of Melbourne.

The government must urgently act to restore the reputation of Australia's oldest university, which is supported by more than $1 billion of taxpayers' money a year. So far, we have heard nothing but silence from Labor's Minister for Education, Mr Clare in the face of this failure of leadership and moral clarity from Mr Clare. Enough is enough. There is now an even more compelling case for a judicial inquiry into antisemitism at Australian universities.

The Commission of Inquiry into Antisemitism at Australian Universities Bill 2024 is a bill to do what it says: to establish a commission of inquiry into the alarming rise in antisemitism at Australian universities. This bill is drafted in the same terms as the private member's bill introduced by Mr Leeser in the other place, who, as a fine Jewish Australian, has been a warrior against the scourge of antisemitism. Our bill reflects the coalition's determination to do whatever it takes to stamp out antisemitism in all its ugly forms on Australian university campuses, just as we are determined to stamp out antisemitism across our nation.

As opposition leader, Mr Dutton, said in his budget reply speech in the other place on 16 May:

It will also take a coalition government to turn the tide of antisemitism afflicting our country. Antisemitism is not just a threat to one segment of our community; it's a threat to our social cohesion and to our democratic values. Some of the most strident antisemitic standard-bearers have come from our university campuses. We will also provide the moral and political leadership which makes it abundantly clear that we expect the law to be enforced readily, not reluctantly, against those inciting hatred and violence.

Regrettably, we have not seen that same commitment from the Albanese government. In the face of a more than 700 per cent increase in antisemitic incidents on Australian soil since last October, the Prime Minister has too often spoken from both sides of his mouth, frequently drawing a false equivalence between antisemitism and other forms of racism, including Islamophobia. But he did publicly rebuke his education minister after Mr Clare said that terrorist slogans such as 'intifada', calls for the annihilation of Israel and chants such as 'from the river to the sea' have 'different meanings to different people'. Mr Clare could not even directly condemn the encouragement of children to chant 'intifada', as happened at a kids excursion to the University of Sydney.

Since 7 October, Australians have witnessed an unprecedented spike in antisemitic activity across our country, on our streets, synagogues, in businesses and online. But, arguably, nothing has been quite as bad as on some university campuses. Jewish students were already facing challenges. Last year's Australian Jewish University Experience Survey found that 64 per cent of Jewish students have experienced at least one incident of antisemitism during their time at university, with 88 per cent of those students experiencing antisemitism in the past 12 months.

Since 7 October 2023, things have got so much worse—the posters, chants and slogans of antisemitic hate and incitement, such as 'Intifada' and 'River to the sea'; the endorsement of the horrific actions of Hamas by some academics and students; the classroom invasions, where those who don't support the activists' cause were photographed and vilified like something from the 1930s; the protests and occupation of buildings, which breach university rules against intimidation and harassment; the failure of university leaders to take disciplinary action against every person responsible for intimidation, hate speech, racial vilification and discrimination; and the encampments of hate which have fuelled antisemitism and emboldened radical activists.

In the face of weak and unprincipled leadership from the Albanese government against antisemitism on campus, the coalition will not tolerate universities being a law unto themselves. Over many months, we have consistently called on all universities to enforce their misconduct rules against intimidation, racial vilification and discrimination and combat the unprecedented levels of antisemitism on campus. This includes shutting down unauthorised encampments and banning from campus any protester who is not a university student or staff member. I also called for new laws to fine universities which fail to uphold their codes of conduct and rules, and for time and place protests to have limited times and locations at which protests can be held. We announced that a future coalition government will use provisions of the Migration Act to cancel the visas of any student protesters found to be involved in spreading antisemitism or supporting terrorism. Under section 116 of the act, the ministers for home affairs and immigration have significant powers to cancel the visas of any person who is or may be a risk to 'the health, safety or good order of the Australian community or segment of the Australian community'. Section 501 of the act gives the ministers the power to do so if visa holders show contempt or disregard for the law or human rights, including terrorist activities and political extremism, and for vilifying a segment of the Australian community or inciting discord in Australia. There is no evidence that the Minister for Home Affairs or minister for immigration have cancelled a single student visa under the significant powers available to them under the Migration Act.

This bill would establish a commission of inquiry to examine instances of antisemitic activity on campuses both before and after 7 October. It will consider whether the response of university leaders, regulators, representative organisations and others has been adequate. The commission of inquiry, if established, will examine a range of matters including: whether universities accurately define and recognise the modern manifestations of antisemitism; the extent to which universities have in place the appropriate policy responses to prevent, reject and deal with antisemitism; university policies and their enforcement, including complaints-handling and disciplinary policies, security arrangements, and university powers to expel people from campus for antisemitic activity; and what steps universities are taking to ensure that lectures and tutorials do not include materials or teachings which are antisemitic.

In making recommendations, the commissioner will consider, among other things, whether any institution-specific or sector-wide policy changes are necessary to better combat antisemitism on Australia university campuses; any legislative or regulatory changes which may be needed to better protect Jewish students, academics, staff and visitors from campus antisemitism; and to sanction universities which do not address antisemitism, as well as those who engage in antisemitic conduct. The commission of inquiry is in stark contrast to the government's establishment of a racism study led by the Australian Human Rights Commission into various forms of racism on campus, which is woefully inadequate. This study has neither the independence, the powers nor the personnel to deal with these matters. To make matters worse, the government's pathetic attempt to ward off our proposal for a judicial inquiry means the Australian Human Rights Commission will not hand down its final report until 30 June next year—after the federal election—which reflects the government's paltry commitment to combating antisemitism on university campuses.

I'm inspired by Ben Sasse, the President of the University of Florida, who recently said, in relation to pro-Palestinian protests:

We will always defend your rights to free speech and free assembly—but if you cross the line on clearly prohibited activities, you will be thrown off campus and suspended. … that means a three-year prohibition from campus. That's serious. We said it. We meant it. We enforced it. We wish we didn't have to, but the students weighed the costs, made their decisions, and will own the consequences as adults. We're a university, not a daycare. We don't coddle emotions; we wrestle with ideas.

It is regrettable that we have not seen the same leadership at some universities here in this country. The University of Melbourne showed little resolve to act in the best interests of all students when it allowed pro-Palestinian activists to, for days on end, occupy the arts building, wreaking chaos on campus. As we heard in Senate estimates, ANU continues to support its protest encampment, seemingly oblivious to the fact that the right to protest and academic freedom does not include the right to intimidate, racially vilify or incite hatred towards any group. Some universities that were targeted by anti-Israel and anti-Jewish activists, most notably the University of New South Wales, Monash University and Deakin University, have stepped up to enforce their codes of conduct and shut down their encampments, and I pay credit for those efforts. I also note that ANU has expelled two students, one who endorsed the Hamas attack in a radio interview, and has referred four students to police.

But much more work needs to be done, which is why the passing of this bill is so important. Enough is enough. We must stop the antisemitic hate and incitement on university campuses. I commend this bill to the Senate.

Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Commission of Inquiry into Antisemitism at Australian Universities Bill 2024. According to the explanatory memorandum, this bill establishes a commission of inquiry with identical powers to those of a royal commission. The commission would look solely at instances of antisemitism on Australian university campuses. It would not examine instances of Islamophobia or other forms of discrimination. Of course, it wouldn't be a Liberal Party bill if there wasn't an attack on unions as well. As the explanatory memorandum states explicitly, this bill empowers the commission to investigate the National Union of Students and the National Tertiary Education Union. Those two unions are mentioned by name. Others that are mentioned throughout the bill are Hamas, Hezbollah, Islamic Jihad and the National Socialist Order. They are the only groups Senator Henderson has mentioned by name in the explanatory memorandum. It's pretty extraordinary, isn't it? The explicit attack on unions in the bill further fundamentally undermines the integrity of the bill as a whole.

Before I go any further into the bill I should acknowledge the context surrounding this debate—the horrific attacks carried out by Hamas on 7 October that resulted in the deaths of around 1,200 people and the subsequent Israeli invasion of Gaza, for which the latest death count stands at around 37,000 people. Any loss of life, whether Israeli or Palestinian, is a tragedy. That's why the Albanese government has consistently called for a ceasefire and continues to do so. That is why we continue to call for civilians to be protected for humanitarian aid to reach Gazans who are in desperate need and for hostages to be released. And that is why Australia supported the ceasefire endorsed by the UN Security Council and wants to see it fully implemented by both parties.

Coming back to the question of protests on university campuses and this bill, there is no place for hatred or discrimination in this country, whether it's antisemitism, Islamophobia or any other despicable form of racism. When it comes to our universities, there is nothing more important than the safety and wellbeing of students and staff. Of course, students and staff have the right to go about campus without fear of abuse, but another part of protecting the wellbeing of students and staff is upholding their fundamental human rights, and one of those rights is the right of freedom of speech, freedom of political expression and freedom of protest. That speech cannot be hateful, and protests must be peaceful. But balancing these competing rights—the right to safe and peaceful enjoyment of the campus and the right to protest—is not always easy. Our priority in dealing with this question has always been to prioritise social cohesion and community safety.

It is clear that there are genuine concerns held by some Jewish students about the way that protests on campus have unfolded. It is also clear that, while many protests have been peaceful, there have been publicly reported incidents of clearly unacceptable behaviour. So it's essential that the government and universities respond in an appropriate manner, and that's what we have actually done.

The government has announced an inquiry into antisemitism, Islamophobia, racism and the experience of Indigenous people at our universities, to be undertaken by the Race Discrimination Commissioner. It is appropriate that this work be led by the Human Rights Commissioner and the Race Discrimination Commissioner, who are leading experts in this field. The government has provided $2.5 million in funding to ensure the investigation is comprehensive. This follows on from the groundbreaking work of the then Sex Discrimination Commissioner, Kate Jenkins, whose investigation into sexual violence occurring in our universities led to the establishment of the National Student Ombudsman. Additionally, the Attorney-General has announced he will bring legislation to create new criminal offences and strengthen existing laws against hate speech.

On top of the government's actions, universities themselves have codes of conduct. As we heard at the Senate estimates just three weeks ago, these are being enforced, including at the Australian National University here in Canberra, whose vice-chancellor, Professor Bell, told the Education and Employment Legislation Committee:

ANU has initiated disciplinary action under our disciplinary rules against 10 students in relation to protest activities associated with the Middle East conflict.

…   …   …

Five of those have had decisions rendered. Two of those decisions included exclusions from our campus …

On top of the universities' own enforcement actions, the regulator, the Tertiary Education Quality and Standards Agency, has stood up a regulatory response team to proactively monitor the actions that universities take. These are proportionate responses to ensure that we protect the right to peaceful protest but also ensure the safety and wellbeing of all students and staff on campuses.

To accuse every student or staff member participating in a protest of being antisemitic, as some have suggested, does nothing to move towards a solution or to support social cohesion. It's cheap and it's easy, but it's not right, and it would set a very troubling precedent. But there have been unacceptable cases that have no place in campuses or anywhere else in Australia. In May it was publicly reported that a student at the Australian National University had allegedly made Nazi gestures during a student meeting. The Vice President of the Australian Union of Jewish students has said:

Students are afraid to go to class, they're missing lectures and tutorials … They're being filmed, followed, intimidated.

It's essential that these reports be thoroughly investigated, which is what is being done by the universities themselves and will also be picked up by the investigations by the Race Discrimination Commissioner. I would also wholeheartedly say that those matters should be handled by the appropriate authorities, including police. There's also been a troubling rise in antisemitic incidents in other settings, including an antisemitic graffiti attack on Mount Scopus Memorial College in Melbourne in May. This is, of course, absolutely unacceptable and is being investigated by the Victoria police.

When we talk about incitement to violence, which is unacceptable in any context, we should also consider the impact of the commentary that has surrounded these protests. On 8 May the Guardian reported on student protests at Monash University being physically assaulted: 'During the first incident a dozen men entered the campsites, smashing a marquee, taking food and shaking students tents. Four days later, many of the same people—middle-aged men from outside the university—again attended the camp.' The Guardian reported that, in another incident, a student from the campus forcibly entered the encampment and physically assaulted one student protester and that, in another incident, the same man entered this camp with the support of a few dozen counterprotesters who repeatedly threatened to bash members of the camp.

So it's important that we remember that our words matter. There are many people who have made strong statements about the importance of freedom of speech on campuses, and one statement I agree with said:

Academic freedom is a fundamental foundational principle of a university. It protects the rights of academics and students to engage in free, robust speech which is vital to critical thinking and the development of new ideas.

The role of all educational institutions in our democracy is to teach Australians how to think, not what to think. Learning environments should present a balance of all arguments.

The statement also said, 'I trust universities will honour their promise to facilitate an informed public debate and not influence academics and students which would seriously compromise academic freedom and freedom of speech. Academics who don't believe in free speech have no place in Australian universities.' The statement was made by Senator Henderson in March last year when she was criticising the University of Melbourne executive over their support for the Voice to Parliament. I hope that Senator Henderson would also apply those same principles when it's a speech on campus she doesn't agree with.

Coming back to this bill, as I said earlier, it is clear that there are Jewish students who have been the victims of unacceptable incidents of antisemitism. This bill purports to investigate those experiences. But it's notable that the bill stops there and does not seek to investigate other forms of discrimination that are equally linked to the conflict in Gaza. The word 'Islamophobia' does not make it into the bill or the explanatory memorandum. The way it's drafted leads you to believe that a recent increase in antisemitism has occurred in a vacuum and that there is no corresponding increase in Islamophobia that needs to be addressed. Indeed, the author of the bill believes just that.

On 28 May Senator Henderson was interviewed on ABC Radio Canberra, and I will read the exchange to make it clear that I'm not selectively quoting:

ABC host: Are you also proposing identical action to students who might commit acts of Islamophobia?

Senator Henderson: No, we're not. We are proposing that … because, frankly, there is no issue with Islamophobia.

ABC host: Sorry no issue on university campuses or in society with Islamophobia?

Senator Henderson: No, there is no issue with Islamophobia.

A few days later on 31 May, Senator Henderson took an opportunity to clarify these remarks during the Human Rights Commission appearance at Senate estimates. She said, 'When I was asked about Islamophobia, I said "No, that is not an issue."' She went on to clarify that what she was really meant was, 'It was not an issue in the context of what is currently happening on university campuses.'

This is a very serious issue, and I know Senator Henderson agrees. because she is so concerned about antisemitism on campuses that she has introduced a bill to establish what is effectively a royal commission on the matter. So, surely, before she repeatedly makes the comment that Islamophobia is not an issue in the context of what is happening on our university campuses, she would have verified whether or not that is true. There is an organisation dedicated to monitoring Islamophobia in Australia called Islamophobia Register Australia. Four days before Senator Henderson's radio appearance, they put out a media release revealing that, since October 7, there has been a 39-fold increase in reported incidents of Islamophobia on university campuses. Words matter. When you repeatedly make the statement that this is not an issue, just days after a 39-fold increase is announced, what are you saying to the Australian Muslim community? The statement goes on to say:

One such incident occurred at a university food court in NSW where a group of Muslim female students wearing hijabs were reportedly called "terrorists" by a group of male students.

It goes on further to say:

In an incident earlier this week, a Muslim male was physically assaulted … when he attempted to prevent a hijab wearing female from being recorded without her consent.

It begs the question: why does this bill intentionally exclude any consideration of the 39-fold increase in these sorts of attacks? I don't see how this furthers the cause of social cohesion on campuses or across our communities.

The enforcement action being taken by universities against breaches of their codes of conduct covers all forms of unacceptable hatred, as does the investigation being undertaken by the Race Discrimination Commissioner and funded by the Australian government. These investigations, as we know, will examine antisemitic incidents on campuses, which, I'll make clear again, are absolutely unacceptable. There is no place for antisemitism on campuses or anywhere else in Australia. There is no room for any form of discrimination or incitement to violence or hatred on campuses or anywhere else in Australia.

The government is taking action. Universities are taking action. The police are taking action. And, unfortunately, this bill falls short.

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

The Greens will not be supporting the Commission of Inquiry into Antisemitism at Australian Universities Bill 2024 (No. 2). The budget handed down last month includes a commitment for the government to undertake a study into antisemitism, Islamophobia, racism and the experience of First Nations people in the universities sector. This was a recommendation of the Australian Universities Accord final report. This much broader study to be done by the Race Discrimination Commissioner will develop recommendations for the government to consider that can contribute to reducing racism and creating safer and more respectful and inclusive learning environments for all students and staff. We support this review by the Race Discrimination Commissioner, whose office is best placed to conduct such a review. They have the expertise and resources to conduct this review, and it is exactly the type of work that they should be doing.

Unlike what some in here think, racism, in all its forms, exists in this country, and it is a problem in this country. The Greens are the only party in this place with an antiracism portfolio, because we recognise the need to tackle systemic and institutional racism; to confront our bloody colonial history, which, to this day, targets First Nations people; and to counter the growing tide of far-right nationalism.

Racism exists at universities, as it exists everywhere else. Just last week, threatening Islamophobic graffiti, referencing the Christchurch mosque murderer, was discovered by a Muslim engineering student in the University of Melbourne toilets.

In May, it was reported by the Islamophobia Register that there was a 39-fold increase in reports of Islamophobia on Australian university campuses alone. The Universities Accord report itself spoke of instances of racism at higher education providers experienced by First Nations students and staff, both on campus and online. It recommended that an important element of the study would specifically focus on the experiences of First Nations staff and students, while another could extend to staff and students from other groups who have experienced racism in the sector.

During the COVID pandemic, we saw a shameful spike in attacks on students with Asian appearance. A study by the Migrant Worker Justice Initiative found that racism had impacted a staggering quarter of Australia's international students during the pandemic. A review by the Human Rights Commission into racism, one which tackles all different types of racism, is the kind of broad-ranging, expert-led review we need, not one whose motivation we know all too well, which has been brought into the Senate today.

I agree with Dr Max Kaiser from the Jewish Council of Australia, who has expressed deep concern about 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. I also agree with his colleague Ms Sarah Schwartz, who recently told a Senate inquiry into right-wing extremism that the only way to effectively fight antisemitism is by committing to work in partnership with other groups facing bigotry and discrimination and to fight all forms of racism. I have zero trust in a party whose leader is Peter Dutton to push for any good-faith review into racism. I have zero trust in Senator Henderson—

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Please resume your seat, Senator Faruqi. Do you have a point of order, Senator Scarr?

Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Link to this | Hansard source

I do. Could Senator Faruqi refer to members of both this place and the other place by their proper titles, please.

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Indeed, Senator Faruqi, you should refer to anyone from the other place or this place by their proper title. You have the call.

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

I have zero trust in a party whose leader is Mr Dutton to push for any good-faith review into racism. I have zero trust in Senator Henderson, who thinks that there is no issue with Islamophobia, to push for any good-faith review into racism.

Let's be clear: this bill is a thinly veiled attempt to attack student encampments and tarnish students and staff who are calling for justice for Palestine, a free Palestine and the end to a genocide in which Israel has already slaughtered more than 37,000 Palestinians. It is also an attempt to force the IHRA definition of 'antisemitism' onto universities. This definition has been widely criticised, including by many progressive Jewish organisations, for its ability to stifle academic freedom, silence Palestinian voices and prevent legitimate criticism of the state of Israel. More than eight months into a genocide perpetrated by Israel, with complete impunity and in flagrant disregard of international law, the need to apply scrutiny to Israel's actions has in fact never been greater.

The Greens are firmly on the side of students and staff and everyone fighting for a free Palestine. We condemn the actions of universities, like Deakin and ANU, that have cracked down on student camps. We praise the brave students who have won concessions from their universities to disclose investments in weapons companies. The encampment organisers have made clear many, many times that these are anti-war protests that are opposed to all forms of racism and discrimination, including antisemitism. Jewish students and staff have played significant roles in many of them.

Shame on the coalition, and Labor too, for being more concerned about those protesting the genocide than the genocide itself, in which Israel has mercilessly slaughtered more than 37,000 Palestinians in the last eight months and reduced much of Gaza to rubble.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

I rise to speak on this bill with, quite frankly, sadness and deep regret. It is devastatingly sad that Senator Henderson has had to bring this bill before the Australian Senate. This is a bill about antisemitism, which has infected our Australian universities. It is a shame—in fact, it is a stain on the leadership of our nation, under Anthony Albanese as Prime Minister, that we have found ourselves in a position where it is indeed needed.

The Commission of Inquiry into Antisemitism at Australian Universities Bill is a bill that is deeply necessary, but our reality is: it should not be. As we've seen in the months since October 7 last year, antisemitism in Australia has run rampant. The Hamas atrocities of October 7 commenced an incredible wave of domestic antisemitism here in Australia. This bill is needed in particular because it seems that the root of the infection is found sadly and, quite frankly, appallingly in our university campuses. We have seen encampments where students chanting 'intifada' and 'from the river to the sea' are deciding who should be allowed access to university buildings based on their religion. Their stories are deeply troubling.

We have seen stories of Jewish students being spat on and taunted with swastikas. They are threatened and they feel unsafe. In one incident, an expat Israeli staff member's working area was urinated on, and the word 'resign' was scribbled on their desk. We have seen academics saying that Jews don't deserve cultural safety and denying that the rapes on October 7 last year even occurred. The message in all of these stories is that Jews are not welcome in places where they live, they work and they study. The message is that the universities in our great country have closed their doors quite frankly to Jewish people and are intent on driving them away.

It is a fact that in our great country, the tone is set from the top. The Prime Minister sets the parameters for the debate through his actions and his words. And I firmly believe that had Mr Albanese, as our Prime Minister, actually stood up on 8 October last year to defend the Jewish Australians, who were always going to be targeted in the wake of the Hamas attacks, we would be in a different position today. Australians deserve a prime minister who sets the moral boundaries for our public discourse. But we do not have a prime minister who was prepared to stand up on 8 October and call out antisemitism. We do not have a prime minister who was prepared even to set the tone within his own party. A strong prime minister would have dealt with the incipient wave of antisemitism immediately. Why? Because it was predictable. But we do not have that. We have a weak prime minister. We have a prime minister who is focused only on domestic polling. We have a prime minister who has allowed the infection antisemitism to spread here in Australia, and that diminishes us all.

The bill is needed because the only response by the Albanese Labor government to the rampant antisemitism on campus has been to commission an inquiry by the Australian Human Rights Commission. It was a response that has left the Jewish community dumbfounded. We have seen a 738 per cent increase in antisemitism since October 7 last year. It has, on any analysis, grown out of all proportion. As my friend in the other place Mr Julian Leeser pointed out in a speech to the Cook Society:

In the last—

three months—

of 2023, Victorian Police registered 145 prejudice-based crimes, with 102 of those complaints, or 70 per cent, relating to instances of anti-Semitism.

Twelve of the reported crimes, around eight per cent, were Islamophobic.

Let me be very clear: we are against Islamophobia. In fact, in 2019, in the wake of the Christchurch terrorist attacks, the Prime Minister announced an immediate $55 million in grants programs to fund upgrades for religious communities. This was a direct and immediate response to Islamophobia. We should have seen a similar response after 7 October. Instead, what we have seen is a narrative of false equivalence. Worse, the disturbing trend is reflected in the terms of reference for this study of racism on campus.

There is another problem with the Albanese government's weak response: the Australian Human Rights Commission is not a fit and proper body to deal with the rampant antisemitism we are seeing on Australian campuses. It has become abundantly clear in the last eight months that the Australian Human Rights Commission has lost its standing in the Australian community, particularly in the Jewish community. It is no longer an organisation that is seen to be guided by principle. The very clear trend is that the Australian Human Rights Commission is beholden to activists who, in many respects, embody the worst aspects of student politics. It is now seen as a body that advances its own political agenda rather than a body that handles legitimate complaints about discrimination.

Worse, there is a very disturbing pattern of behaviour whereby antisemitism within the commission itself is either ignored or overlooked. There's the engagement of Hue Consulting. Hue Consulting was contracted by the Australian Human Rights Commission to develop antiracism materials. But, at the same time as it was preparing those materials for the commission, its principal was involved in the doxxing of Jewish creatives. To use her own words, the person that the AHRC, the Australian Human Rights Commission, thought should prepare materials about racism urged her followers to 'let these effing Zionists know no effing peace'. She claimed:

… "Zimbos" maintained their positions due to other Zionists "in management", calling them "genocidal fascists" who had moved "too deep into fascism" …

Then there's the Human Rights Commission decision to employ a lawyer who was formerly an employee of the Australia Palestine Advocacy Network and who has publicly reposted statements that describe Hamas as:

… "an effective political player in the struggle against apartheid, oppression and colonisation" which has "achieved remarkable success in preventing Israeli violence in Jerusalem and freeing Palestinian hostages abducted by Israel".

She publicly claimed:

Looking at Israel's psychopathy today, October 7 should make a little more sense to ya'll …

Quite frankly, there are no words. How on earth could a person credibly suggest that the murder, torture, rape and violence of 7 October make sense? How could a person credibly be appointed to hold a position in the body charged with investigating antisemitism?

Then there's the engagement of Mr Nazeem Hussain to promote Australian Human Rights Commission events. This is a man who supports the phrase 'from the river to the sea', which we all know calls for the destruction of the Jewish state. Then, of course, there's the belated decision to stand aside Ms Tasneem Chopra as an antiracism ambassador because she appeared to dismiss the concerns that Jewish women were raped by Hamas on 7 October. Ms Chopra shared posts saying 'Israel has forfeited its right to exist' and 'Zionists are just your common garden variety racists and white supremacists'. Keep in mind, again, that that is one of the faces of the Australian Human Rights Commission, the faces of antiracism. Then there was the decision at last year's Human Rights Awards to engage for entertainment a singer named Kee'Ahn and her co-performer, Yara. They appeared on stage at the Australian Human Rights Commission's premier event of the year chanting, 'Free Palestine,' and claiming that Israel was engaged in a genocide. Then there was the anonymous letter signed off by staff across eight teams in the Australian Human Rights Commission which condemned the commission for not speaking out forcefully—wait for it—in support of the Hamas attacks. The president of the commission said the concerns of staff expressed in the anonymous letter were 'of paramount concern'. Even at that point, months after 7 October, when the Australian Human Rights Commission put out its press release about the antiracism inquiry that was meant to be the response to antisemitism—just wait for it—they conveniently forgot to mention antisemitism.

So the question that, quite frankly, all Australians should be asking themselves is: how did the Australian Human Rights Commission fall so far? Can you imagine any other body entrusted to deal fairly with people's complaints engaging in that type of one-sided advocacy? We would not accept courts that deal with criminal matters publicly arguing for the interests of victims or against the accused. Tribunals that deal with commercial or administrative disputes do not publicly speak for or against the parties. The commissions that handle workplace relations complaints do not publicly make the case for employers or the employees. There is, of course, a reason for this. It is to protect themselves from perceptions of bias. It preserves impartiality and their credibility in resolving a problem. Based on the evidence before us and the actions of the Australian Human Rights Commission, they have lost all credibility when it comes to antisemitism in this country.

Again, it is devastatingly sad that the bill that we have before us today is necessary. It is devastatingly sad that antisemitism has infected our Australian universities. It is devastatingly sad that we have a weak Prime Minister who is not even prepared to set the tone in this country and properly condemn antisemitism in Australia. It is quite frankly an indictment on the Australian Human Rights Commission that they are even looking at antisemitism in Australia. This bill sets up a necessary, credible and sensible pathway forward to root out the infection of antisemitism in our universities through an independent, respected and credible judicial inquiry. It behoves us to fight the rampant antisemitism on our campuses, and it behoves us to support the bill.

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

I note in Senator Cash's contribution on the Commission of Inquiry into Antisemitism at Australian Universities Bill 2024 her frequent expression of her sadness about a number of matters. The greatest sadness that could sit on this nation's soul at this time is if these fundamental issues of the dignity of each human person are colonised by one part of the parliament. Any sadness that I have will be exacerbated by determination, particularly by those opposite, to pretend there is only one party that will be the champion of freedom, respect and dignity for every Australian. I hope my sadness doesn't increase because of ill-advised political action by any party of this parliament that is not driven towards peace but rather towards adversarial comment and the damage that ensues in our society.

In August 2017, in Charlottesville, Virginia, white supremacists protesting the removal of a statue of the Confederate general Robert E Lee marched openly in the streets with torches, chanting, 'Jews will not replace us,' and raising their hands to perform that horrific Nazi salute with which too many people are familiar. This was a dangerous allusion to the torchlight parades of Nazi Germany. Fire was more than a flare. It signalled violence and destruction. The Nazi regime began by carrying their torches at parades and rallies. Fire then turned to synagogues and Torah scrolls. Ultimately, that fire then turned to the burnt bodies of millions of human souls.

In March 2023, in Melbourne, about 30 individuals from the Neo-Nazi National Socialist Network dressed in black and, mostly with their faces covered, performed Nazi salutes and held up offensive materials on Spring Street. The reality is, my fellow Australians, that Nazism and antisemitism did not die after the destruction of the gas chambers. It has continued, and this ancient evil still exists today. And, sadly, it is alive and well in our nation.

The history of the mass killing of the Jewish people in the Second World War is why the State of Israel exists today. It was that realisation of a Jewish longing for self-determination, for a homeland, for a place that connected them to their history and their connection to land. That is why I am a Zionist. I believe in the right for the State of Israel to exist alongside a free and democratic state of Palestine. That is the two-state solution. It is one for which we have had unanimous support, but, sadly, for personal political gain, we have seen at the edges people in this very building pulling at the fabric that is necessary to build peace and hope in the Middle East. We are not going to solve the crisis of the Middle East from this chamber or on the streets of Australia. We can with others, in a careful and considered way, push for peace at every opportunity.

Sadly, we have seen too much hate already in this country, fanning the flames of division in an unnecessary and unedifying way, taking away from the dignity of this place and taking away from the opportunity for us to be a leading voice, as we are around the world in so many places of conflict. We need to attend to our own housekeeping here and to be clear that we will not stomach any violence towards any Australian of any faith or of no faith at any time.

I accept the legitimacy of the State of Israel. It is a vital place in the region for the refuge of the Jewish people. It is not exclusive. Let me state this again: it is not exclusive of a separate democratic Palestinian state, which I continue to believe is necessary for a two-state solution, and I hope that that will be achieved to give peace to the people whose lives are so maligned by the current situation.

October 7 stands not only as a travesty of humanity but also as the largest massacre of Jewish people since the Second World War. Hamas slaughtered and tortured countless men and women. Many who were not killed were callously taken hostage, and that brutality and its consequences continue today. It was brutal and it was inhumane, and I say: free the hostages. I am also deeply saddened that this event on October 7 did not mark the end of civilian deaths, with so many innocent Palestinians dying as a result of the emerging conflict driven by the hate filled Hamas. Let me say, colleagues: innocence has no nationality, no creed, no ethnicity, and I mourn every death in conflict, whether Palestinian or Israeli.

For Australian Jews, they have witnessed a change from a steady uptick to a significant surge in antisemitism. While it clearly was an issue of immediate significance, October 7 also saw a major change in how Australian Jews, our fellow Australians, viewed their own safety in the world they inhabit here. Immediate reporting from the Executive Council of Australian Jewry showed a 738 per cent uptick in antisemitic incidents. In suburbs in Melbourne frequented by members of the Jewish community, they are walking down the streets in 2024 seeing signs that read: 'Kill Jews. Jews live here.' I am outraged, I am disgusted and I am in disbelief that there are people in our country who would believe that that could ever possibly be something that could be endorsed, condoned or accepted. This is the terrifying threat to an often persecuted people who have considered Australia, until recent times, as a nation of safe harbour. Graffiti in Sydney—lest we consider this just a Melbourne issue—read: 'Bring back Hitler. Finish the job.' This is a shameless call by weak, insipid, dark, hateful characters who have malign intent. A call for the extermination of the Jewish people shows that licence taken from Hamas after October 7 is having a real and, importantly, dangerous impact on our society here.

Many might not be aware, but Australia is home to one of the largest populations of Holocaust survivors and their descendants outside Israel, and I'm very pleased that it was an Australian Labor member who absolutely advocated for a place of refuge for the Jewish people. For me it's inconceivable to think about how Australian Jewish people might feel seeing the Jewish day school Mount Scopus Memorial College, in Melbourne, graffitied with 'Jew die'. Make no mistake, this is not political commentary. All Australians have a duty to care, to protect our survivors and to ensure that they never again have to experience the horrors that so many of them have already endured. 'Never again' is the phrase at Yad Vashem. It's a duty that I take on my shoulders with my colleagues in the Labor Party, falling into my deep sense of pursuing social justice and promoting humanity over darkness.

In my role as the chair of the Israel parliamentary network, I, alongside Senator David Fawcett, have met many community members who have, since October 7, felt fear, despair and a yearning for peace. Last year I hosted a group of family and friends of the victims of October 7. They flanked Senator Fawcett and me as a bipartisan, indeed a multipartisan, group of parliamentarians listened deeply to their stories of grief and despair. We heard from mother Tali Kizhner, who spoke of her son Segev, 22, murdered by Hamas militants at the now infamous Supernova music festival. I listened as mother Iris Haim spoke of the kidnapping of her son Yotam, 28, from their home in a border community. Yotam very tragically was killed in a case of misidentification. Sister Mika Shani spoke of her brother Amit, 16, being kidnapped from their home, with Mika and her parents only spared due to the Hamas vehicle being too small to take any more of their family. Mika personally phoned me just a few days later to say that Amit had been freed during a brief pause in conflict. I hope that that pause in the conflict and movement to peace is repeated at the earliest possible opportunity and that all the remaining hostages are freed and returned to their families.

I was joined in that by members across the chamber—Labor, Liberal, National, Independent—including Zoe Daniel, Allegra Spender, Senator Dean Smith, Terry Young, Andrew Hastie and my fellow Labor colleagues Josh Burns, Mark Dreyfus, Senator Polley and David Smith. Outrage doesn't have a political colour. Outrage is shared across this parliament. And we must continue that outrage in unity. Antisemitism has a collective currency in this place. It is certainly not solely owned by the Liberal and National parties.

Earlier this year I also hosted the United States Deputy Special Envoy to Monitor and Combat Antisemitism, Aaron Keyak, for a briefing on the state of international antisemitism and a discussion of what Australia can do to join with like-minded partners to counter this ancient evil. Again on that occasion I was joined by like-minded partners from across the party divide. I was joined by Assistant Minister Watts, Senator Jacqui Lambie, who I know is going to make a contribution very shortly, Mr Rowan Ramsey and Ms Ananda-Rajah. Xenophobia can only be countered through cooperation and consistent effort.

That is why I take issue with what is happening here this morning in this particular form. All too obviously this seems to be a Liberal-National attempt at politicisation of this fundamentally vital and important issue. Senator Henderson, at the very best, could be conceived of as attempting to bring the issue of antisemitism to the fore. That is why I am participating. But this device of a private senator's bill is sadly misunderstood by many in the community. If you're really interested in what is being attempted here, have a look at, review and understand what's happened to any of these private senators' bills. That being said, I hope that, as we move forward, there can be an avoidance of the grandstanding and politicking that has so diminished the debate of this particular critical matter for Australians' safety. Private senators' bills are known on both sides of this chamber as an issue-raising endeavour but hardly an instrument to bring change.

I say with conscience that I take antisemitism very, very seriously. The Labor Party is intensely focused on its eradication. Indeed we have three Jewish members of our parliament who are Labor people, including a senior member of the cabinet, the Attorney-General. The Liberal Party, the National Party—every party knows who I am. They know how many times I've stood on this. They know my beliefs, including the belief in a two-state solution, and those of all my Labor colleagues, who abhor xenophobia and hate in all its forms.

I want to indicate that the government will be supporting the referral of this bill— (Time expired)

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

I rise to speak in support of the Commission of Inquiry into Antisemitism at Australian Universities Bill 2024. In May university chancellors rejected calls by Jewish Australians to shut down copycat Gaza solidarity encampments because they said the Australian protests hadn't degenerated into violence like the ones in the US had. I think they should look at the definition of violence. I've been told by Jewish Australians working in our universities that their workplace, the universities, does not feel safe. Many have already resigned, and others are considering doing so. The Guardian reported on 10 May that Nazi salutes were used at a student association meeting at the Australian National University. At the Queensland university, a 23-year-old woman broke into a Jewish academic's office and urinated on the floor. At Sydney University, Jewish staff, students and academics have to walk past protesters chanting 'From the river to the sea'.

According to the Age newspaper, the pro-Palestinian encampment at Sydney University has been infiltrated by a group that has been declared a terrorist organisation by the UK, Canada and many Muslim countries. This group, Stand For Palestine, works in coalition with other Palestinian groups who are often unaware of their extremist connections. Stand For Palestine was set up by Hizb ut-Tahrir. Twenty years ago, NSW Police counterterrorism had a list of organisations they considered to be terrorist organisations. Guess who was on the list? You betcha: Hizb ut-Tahrir. This group's stated aim is to establish an Islamic caliphate and call on Muslims living in Western countries like this one to 'come out of their illusion of their cosy relationship with the West and embrace the struggle of Islam versus non-believers'. Twenty years ago, our counterterrorism experts were watching this group. Twenty years later, not only is this group still operating but it is infiltrating these protest groups on our streets and in our universities, spreading their extremist filth and whipping up hatred. In just a few months, this front organisation, Stand For Palestine, has gained thousands of followers, has stepped up its presence in our mosques and is radicalising our youth.

Hizb ut-Tahrir has been banned in the UK and Canada and is also banned in most Arab countries. When British Home Secretary James Cleverly announced that they would be declared a terrorist organisation, he said that the group was 'an antisemitic organisation that actively promotes and encourages terrorism, including praising and celebrating the appalling 7 October attacks'. Deakin University's extremist expert Josh Roose told the Age that Hizb ut-Tahrir has seized on the violence in Gaza as 'their chance to shine'. So what the hell is the Australian government doing about this? Not only have we not listed them as a declared terrorist organisation but a charity directed by one of their founders has been approved and granted charitable status.

James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

Senator Lambie, the debate is interrupted, and you will be in continuation.