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