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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2024
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commission of Inquiry into
Antisemitism at Australian Universities
Bill 2024
No. , 2024
(Senator Henderson)
A Bill for an Act to establish a commission of
inquiry into antisemitism at Australian universities,
and for related purposes
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Simplified outline of this Act ............................................... 2
4
Definitions ............................................................................ 2
5
Appointment of Commissioner ............................................. 3
6
Matters for the Commissioner .............................................. 3
7
Hearings ............................................................................... 6
8
Commissioner not bound by the rules of evidence ............... 6
9
Department employees assisting the Commissioner ............. 6
10
Disclosure of personal information....................................... 7
11
Application of the
Royal Commissions Act 1902
.................. 7
12
Application of laws relating to disclosure ............................ 8
13
Application of the
Archives Act 1983
................................... 8
14
Application of the
Freedom of Information Act 1982
........... 8
15
Rules ..................................................................................... 8
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities
Bill 2024
1
A Bill for an Act to establish a commission of
1
inquiry into antisemitism at Australian universities,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Commission of Inquiry into Antisemitism at
6
Australian Universities Act 2024
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
No. , 2024
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Simplified outline of this Act
10
The Minister may appoint a person to conduct a commission of
11
inquiry into antisemitism at Australian universities.
12
The commission of inquiry will have similar powers to a Royal
13
Commission.
14
4 Definitions
15
In this Act:
16
Australian university
has the same meaning as in the
Higher
17
Education Support Act 2003
.
18
Commissioner
means a person appointed under section 5.
19
Commission of inquiry
means the inquiry conducted, or to be
20
conducted, by a person appointed under section 5.
21
Department employee
means an APS employee in the Department.
22
Section 5
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
3
Judge
means a current or former:
1
(a) Justice of the High Court; or
2
(b) Judge or Justice of a court created by the Parliament; or
3
(c) Judge of the Supreme Court of a State or Territory.
4
listed terrorist organisation
has the same meaning as in Part 5.3 of
5
the
Criminal Code
.
6
Royal Commission
has the same meaning as in the
Royal
7
Commissions Act 1902
.
8
rules
means the rules made under section 15.
9
Secretary
means the Secretary of the Department.
10
5 Appointment of Commissioner
11
(1) The Minister must, by notifiable instrument, appoint a Judge to:
12
(a) conduct a Commission of inquiry into the matters in
13
subsections 6(1) to (3); and
14
(b) make recommendations relating to those matters after having
15
had regard to subsection 6(4); and
16
(c) report to the Minister on those matters and recommendations
17
on or before a day specified in the instrument of
18
appointment.
19
(2) The appointment takes effect on the day of effect specified in the
20
instrument of appointment. The day of effect must not be earlier
21
than the day on which the instrument is made.
22
6 Matters for the Commissioner
23
(1) For the purposes of paragraph 5(1)(a), the Commissioner is to
24
inquire into the incidence of antisemitic activity on Australian
25
university campuses including instances involving but not limited
26
to:
27
(a) harassment, intimidation or violence; or
28
(b) advocacy for or the glorification of violence; or
29
(c) support for listed terrorist organisations;
30
Section 6
4
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
No. , 2024
both before and after the 7 October 2023 terrorist attacks in Israel.
1
(2) For the purposes of paragraph 5(1)(a), the Commissioner is also to
2
inquire into responses to antisemitism on Australian university
3
campuses. This includes inquiring into:
4
(a) whether the actions taken by each of the following entities to
5
protect Jewish students, academics, staff and visitors on
6
campus have been adequate:
7
(i) regulators of Australian universities;
8
(ii) leaders of Australian universities (including governing
9
bodies and Vice-Chancellors);
10
(iii) student, academic or staff representative bodies;
11
(iv) student clubs or organisations; and
12
(b) any other matter the Commissioner thinks relevant.
13
(3) Without limiting subsection (2), the Commissioner is to inquire
14
whether Australian universities have:
15
(a) taken appropriate steps to:
16
(i) recognise the specific and unique nature of
17
antisemitism; and
18
(ii) understand how antisemitism manifests in modern
19
times; and
20
(iii) publicly reject antisemitism in all its forms; and
21
(b) adopted and implemented an appropriate definition of
22
antisemitism for all purposes such as the International
23
Holocaust Remembrance Alliance definition; and
24
Note:
This definition could in 2024 be viewed on the International
25
Holocaust Remembrance Alliance's website
26
(https://holocaustremembrance.com).
27
(c) put in place adequate arrangements to deal with antisemitism
28
on campus, after appropriate consideration of:
29
(i) the adequacy of their policies and rules, and the nature
30
and extent of their enforcement of these policies and
31
rules; and
32
(ii) their disciplinary procedures and complaints-handling
33
processes; and
34
Section 6
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
5
(iii) any differences between their approach to antisemitism
1
and other forms of discrimination; and
2
(d) put in place adequate arrangements for the security and safety
3
of Jewish students, academics, staff and visitors, including
4
for:
5
(i) physical safety; and
6
(ii) the display of cultural and religious symbols; and
7
(iii) barring or expelling people from campus for antisemitic
8
activity; and
9
(e) adopted and implemented policies and procedures to prevent
10
academics, staff and students from engaging in:
11
(i) de facto boycotts against collaborations with Jewish or
12
Israeli academics, institutions, students or staff; or
13
(ii) any other antisemitic discrimination or vilification; and
14
(f) taken steps to ensure that antisemitic content is not included
15
in course and teaching materials, or delivered during lectures,
16
tutorials and other classes; and
17
(g) provided adequate support arrangements for academics, staff
18
and students experiencing antisemitism on or off campus.
19
(4) For the purposes of paragraph 5(1)(b), in making recommendations
20
the Commissioner is to consider whether:
21
(a) any institution-specific or sector-wide policy changes are
22
necessary or appropriate to better combat antisemitism on
23
Australian university campuses; and
24
(b) any legislative or regulatory changes are necessary or
25
appropriate to:
26
(i) better protect Jewish students, academics, staff and
27
visitors on Australian university campuses from
28
antisemitism, including clarifying the powers of
29
universities to bar or expel people from campus; and
30
(ii) enable sanctions to be imposed on Australian university
31
academics, staff, students or organisations that engage
32
in antisemitic conduct; and
33
(iii) enable sanctions to be imposed on Australian
34
universities that do not take adequate steps to address
35
antisemitism; and
36
Section 7
6
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
No. , 2024
(c) any arrangements are necessary or appropriate for educating
1
proponents of antisemitism against this form of
2
discrimination; and
3
(d) any Commonwealth, State or Territory ministerial
4
intervention powers are necessary or appropriate to ensure
5
that antisemitism on Australian university campuses is
6
addressed appropriately.
7
7 Hearings
8
(1) The Commissioner may hold hearings for the purposes of the
9
Commission of inquiry.
10
(2) The hearings may be held at such places, whether within or outside
11
Australia, as the Commissioner determines.
12
(3) Subject to this Act, the procedure at a hearing is to be such as the
13
Commissioner determines.
14
8 Commissioner not bound by the rules of evidence
15
The Commissioner is not bound by the rules of evidence and may
16
be informed on any matter in such manner as the Commissioner
17
thinks fit.
18
9 Department employees assisting the Commissioner
19
(1) The Secretary may enter into an arrangement with the
20
Commissioner to make Department employees available, for a
21
period not exceeding the duration of the Commission of inquiry, to
22
assist with the conduct of the Commission of inquiry.
23
(2) In performing functions and exercising powers to the extent
24
reasonably necessary to assist with the conduct of the Commission
25
of inquiry, a Department employee made available under such an
26
arrangement is subject to the directions of the Commissioner.
27
Section 10
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
7
10 Disclosure of personal information
1
The disclosure of personal information (within the meaning of the
2
Privacy Act 1988
) by a Department employee, for the purposes of
3
assisting with the conduct of the Commission of inquiry, is taken to
4
be authorised by law.
5
11 Application of the Royal Commissions Act 1902
6
(1) Subject to this section, the
Royal Commissions Act 1902
applies in
7
relation to the Commission of inquiry, and to the Commissioner
8
conducting it, as if:
9
(a) the Commission of inquiry were a Royal Commission
10
(including a relevant Commission); and
11
(b) the Commissioner were a member of a Royal Commission;
12
and
13
(c) that Act bound the Crown in each of its capacities.
14
(2) This section does not make the Crown liable to be prosecuted for
15
an offence.
16
(3) The rules may, for the purposes of the application of section 9 of
17
the
Royal Commissions Act 1902
in accordance with subsection (1)
18
of this section, provide for or specify matters of the kind referred to
19
in subsection 9(2) of that Act.
20
(4) Section 9 of the
Royal Commissions Act 1902
, in its application in
21
accordance with subsection (1) of this section, has effect as if those
22
rules were regulations made for the purposes of subsection 9(2) of
23
that Act.
24
(5) Sections 10 and 15 of the
Royal Commissions Act 1902
, in their
25
application in accordance with subsection (1) of this section, have
26
effect as if references in those sections to offences against that Act
27
included references to such offences as apply in accordance with
28
subsection (1) of this section.
29
Section 12
8
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
No. , 2024
12 Application of laws relating to disclosure
1
(1) A law of the Commonwealth that relates to the disclosure of
2
information applies in relation to disclosure of information to the
3
Commission of inquiry in the same way that it would apply to
4
disclosure of the information to a Royal Commission.
5
(2) Paragraph 7(1)(a) of the
Privacy Act 1988
applies in relation to the
6
Commission of inquiry in a corresponding way to the way that
7
paragraph applies in relation to a Royal Commission.
8
13 Application of the Archives Act 1983
9
The
Archives Act 1983
applies in relation to the Commission of
10
inquiry and this Act in a corresponding way to the way that Act
11
applies in relation to a Royal Commission and the
Royal
12
Commissions Act 1902
.
13
14 Application of the Freedom of Information Act 1982
14
The
Freedom of Information Act 1982
applies in relation to the
15
Commission of inquiry and this Act in a corresponding way to the
16
way that Act applies in relation to a Royal Commission and the
17
Royal Commissions Act 1902
.
18
15 Rules
19
(1) The Minister may, by legislative instrument, make rules
20
prescribing matters:
21
(a) required or permitted by this Act to be prescribed by the
22
rules; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Act.
25
(2) To avoid doubt, the rules may not do the following:
26
(a) create an offence or civil penalty;
27
(b) provide powers of:
28
(i) arrest or detention; or
29
(ii) entry, search or seizure;
30
Section 15
No. , 2024
Commission of Inquiry into Antisemitism at Australian Universities Bill
2024
9
(c) impose a tax;
1
(d) set an amount to be appropriated from the Consolidated
2
Revenue Fund under an appropriation in this Act;
3
(e) directly amend the text of this Act.
4