The regulatory and cultural repercussions of the Bondi Beach terrorist attack are still playing out on Australian university campuses, two months after the tragedy.
As former high court justice Virginia Bell heads a royal commission into antisemitism at a societal level, universities are receiving special attention from an education task force established days after the 14 December atrocity.
A February meeting of the task force examined the federal government鈥檚 efforts to boost the powers of the higher education regulator, Teqsa, amid a proposal that universities lose funding for failing to curtail antisemitism. The government has not spelled out whether it will do this but it plans to empower Teqsa to impose significant penalties.
A September asked whether Teqsa needed more 鈥渢imely enforcement approaches鈥 鈥 including civil penalties, injunctions and the power to appoint administrators to universities鈥 governing bodies 鈥 鈥渨hen justified and in the public interest鈥. Education minister Jason Clare Teqsa needed 鈥渂etter tools鈥 to respond to systemic risks. 鈥淎t the moment Teqsa has a sledgehammer and a feather, and not much in between.鈥
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In a strongly worded to universities, issued the day after the task force鈥檚 meeting, Teqsa warned vice-chancellors to show 鈥渄eliberate, visible leadership鈥 in the aftermath of the Bondi tragedy. This included 鈥渋ntervening early鈥 if 鈥渟afety or inclusion鈥 were put at risk.
鈥淭he community is watching closely,鈥 the letter says. 鈥淎 new academic teaching period presents an opportunity to demonstrate that higher education institutions can balance academic freedom and academic standards with their fundamental obligation to keep students safe. This teaching period and beyond is an opportunity to rebuild trust where it has been strained.鈥
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Meanwhile, the first 鈥渞eport cards鈥 on universities鈥 handling of antisemitism are due in May. The process will assess universities in four tranches, starting with the Group of Eight.
Former Australian Catholic University vice-chancellor Greg Craven, who has accused campus leaders of fostering a permissive environment for antisemitism by turning a blind eye to 鈥渧icious鈥 protests, is leading the report card initiative.
An explanation of the report card process, leaked to , says it will assess universities鈥 efforts in four 鈥減riority areas鈥: policies and procedures, complaint processes, awareness training and 鈥渋ntegration鈥 of a definition of antisemitism.
The confidential reports will grade each university from A to D overall and in each priority area. A second wave of assessments will 鈥渢rack progress and continuing problems鈥 after an eight-week 鈥減eriod of reflection鈥.Jillian Segal, the government鈥檚 special envoy to combat antisemitism, will publish a sector-wide report card by the end of 2027.
The institutional assessments will examine issues including access to campus grounds, regulation of flags and 鈥渋magery鈥, and responses to protests and encampments. Universities鈥 policies must mandate 鈥渞espectful discourse鈥 consistent with 鈥渧igorous intellectual debate鈥, the document suggests.
Their processes must ensure that complaints are not 鈥渄ownplayed, deflected, disregarded or stymied鈥. Training must promote an understanding of the 鈥渟hape-shifting and viral鈥 nature of antisemitism and that 鈥渁ntisemitic language can end in violence or death鈥.
The document says the controversial International Holocaust Remembrance Alliance definition of antisemitism is 鈥減referred鈥 but an alternative developed by Universities Australia is 鈥渁cceptable鈥. Either definition must be adopted in each university鈥檚 constitution or statutes 鈥渟o as to control all inferior policies and procedures鈥.
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The National Union of Students said the process, as described, would have 鈥渟erious and far-reaching consequences鈥 for academic freedom and legitimate political expression. 鈥淧eaceful protests, political symbols and flyers are not the drivers of antisemitism. Universities should not be compelled to police political viewpoints under the guise of anti-racism.鈥
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Steven Schwartz, former vice-chancellor of Macquarie and Murdoch universities, said arguments about academic freedom had been used as cover for antisemitic behaviour and administrators鈥 reluctance to address it.
鈥淭here have been so many complaints over such a long time from Jewish students about feeling unsafe,鈥 Schwartz said. 鈥淯niversities have鈥pent years excusing antisemitism and avoiding decisions that might upset activists.
鈥淲e鈥檙e not鈥sking these leaders to figure out Middle East geopolitics. Just don鈥檛 let people harass and express hate towards other people. If government has to threaten to get universities to do what they should have been doing anyway by withholding money, that鈥檚 clearly an indictment of university leadership.鈥
Schwartz said many vice-chancellors had erred by allowing their institutions to take stands on political issues, as demonstrated by their public advocacy for the 鈥測es鈥 case in the referendum聽on an Aboriginal voice to parliament. This made it difficult for them to prevent academics taking activist stands on issues outside their area of expertise.
鈥淯niversity leaders have been equivocating about antisemitism. They鈥檙e really just going with the wind. They read the room for moral leadership. I would ensure that there were policies against antisemitism, make sure that the institution was neutral on geopolitical issues, and discipline anyone who crossed the line.鈥
Geoff Sharrock, honorary senior fellow at the University of Melbourne, said it was debatable that universities in general had tolerated antisemitism or 鈥減andered to the most vocal group鈥. He said perceptions of universities鈥 behaviour had been based on a few 鈥渙utrageous鈥 cases that had garnered media attention 鈥 potentially overlooking many others that had escaped notice because they had been handled through universities鈥 confidential complaint processes.
Sharrock said it was extremely difficult for universities to balance their concurrent obligations to well-being and free expression. 鈥淚t wasn鈥檛 that long ago that universities were being asked to step up on free expression. Now they鈥檙e being asked to crack down on excessive free expression across a spectrum of views that some people find outrageous and others don鈥檛.鈥
He said legislative solutions on their own could not rectify campus antisemitism. Nevertheless, university administrators would be 鈥渄usting off鈥 the changes they had made in the wake of the 2019 French Review聽of free speech on campus 鈥 when the government had pressured universities to comply with a 鈥渕odel code鈥 produced by the review 鈥 to assess whether new changes were needed.
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The model code ran to seven pages, demonstrating the sheer difficulty of producing a 鈥渟nappy set of rules鈥 to guide speech on campus. Sharrock himself has produced a to support open debate on contested topics but said managing campus expression would always be a challenge. 鈥淚t鈥檚 very hard to communicate those rules succinctly to staff, let alone students.鈥
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