Bill
Higher Education Support Amendment (Freedom of Speech) Bill 2020
passed, as at 2021-03-22. Education portfolio.
- Sponsor
- Not recorded
- Portfolio
- Education
Recorded stages
- introduced — 2020-10-28
- second reading — 2020-10-28
- second reading — 2021-02-23
- second reading — 2021-02-24
- second reading — 2021-02-24
- third reading — 2021-02-24
- introduced — 2021-02-24
- second reading — 2021-02-24
- second reading — 2021-02-25
- second reading — 2021-03-15
- second reading — 2021-03-15
- committee — 2021-03-15
- third reading — 2021-03-15
- passed — 2021-03-15
- royal assent — 2021-03-22
Divisions
- The majority voted in favour of keeping the usual [second reading](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) motion unchanged. The usual second reading motion is "*that the bill be read a second time*" and to read a bill for a second time is to agree with its main idea. This vote occurred in response to an amendment (see below). Because this vote was successful, the amendment failed. ### Amendment text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House notes that the Government has damaged the quality of Australia's world-class post-secondary education system by:* > > *(1) cutting billions from universities and slashing research funding;* > > *(2) making it harder and more expensive for Australian students to get a university education; and* > > *(3) failing to develop a long-term policy for the Australian post-secondary education system".* — 2021-02-24, House of Representatives: affirmative, ayes 66, noes 58
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-03-15.167.2) introduced by Victorian Senator [Kim Carr](https://theyvoteforyou.org.au/people/senate/victoria/kim_carr) (Labor), which means it failed. ### What would the amendment do? Senator Carr [explained that](https://www.openaustralia.org.au/senate/?gid=2021-03-15.167.2) the amendment: > *The purpose of this amendment is to add a very simple term, 'or in relation to the Commonwealth government'. At schedule 1, item 4, there is a definition of academic freedom. The bill seeks to put in context what academic staff can look to in terms of academic freedom. It lists the freedom of academic staff to teach, discuss, research, disseminate and publish; the freedom of academic staff and students to engage in intellectual inquiry; and the freedom of academic staff and students to express their opinions in relation to the higher education provider in which they work or are enrolled. I wish to add the words 'or in relation to the Commonwealth government' so that staff or students can make their views known in relation to not just the education provider but also the Commonwealth government.* ### Amendment text > *(1) Schedule 1, item 4, page 3 (line 24), at the end of paragraph (c), add "or in relation to the Commonwealth Government".* — 2021-03-15, Senate: negative, ayes 32, noes 36
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-03-15.173.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means it failed. ### What do the amendments do? Senator Faruqi [explained the amendments](https://www.openaustralia.org.au/senate/?gid=2021-03-15.173.1): > *These amendments will ensure that the academic freedom provisions apply not only to those university workers who are considered academic staff but to those across the institution who may undertake academic activities, including teaching, scholarship and research. As I said in my speech on the second reading, at a modern university much academic work is undertaken by others in the university system who may not be classified as or considered academic staff. They can include research assistants and other professional staff who may from time to time deliver lectures, engage in research or otherwise contribute to the academic activities of the institution. These amendments will extend the academic freedom provisions to more people doing academic work on our campuses and not necessarily confine their operation to a limited cohort of university workers.* ### Amendment text > *(1) Schedule 1, item 4, page 3 (line 16), omit "academic staff", substitute "staff engaged in academic activities".* > > *(2) Schedule 1, item 4, page 3 (line 18), omit "academic staff", substitute "staff engaged in academic activities".* > > *(3) Schedule 1, item 4, page 3 (line 22), omit "academic staff", substitute "staff engaged in academic activities".* > > *(4) Schedule 1, item 4, page 3 (line 25), omit "academic staff", substitute "staff engaged in academic activities".* — 2021-03-15, Senate: negative, ayes 32, noes 36
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2021-03-15.177.1) introduced by Queensland Senator [Malcolm Roberts](https://theyvoteforyou.org.au/people/senate/queensland/malcolm_roberts) (One Nation), which means it failed. Victorian Senator Jane Hume (Liberal) [explained why](https://www.openaustralia.org.au/senate/?gid=2021-03-15.180.1) the Government would not be supporting the amendment: > *Employers and employees are free to make enterprise agreements which include terms that pertain to the employment relationship. The proposed amendment seeks to constrain university employers' and employees' ability to freely agree to the terms and conditions of employment in their enterprise agreement. It also seeks to constrain the standards and policies that universities may set in relation to freedom of speech and academic freedom. Item (b) of the proposed amendment is also unnecessary, as in practice it simply reflects the operation provisions in Mr French's proposed model code on freedom of speech and academic freedom. Effectively, the amendment proposes that other institutional policies should reflect and be consistent with the institution's policies on freedom of speech and academic freedom, which the government expects will be consistent with the model code.* ### Amendment text > *(1) Schedule 1, page 3 (after line 12), after item 3, insert:* > > *3A At the end of Subdivision 19-G* > > *Add:* > > *19-120 Provider's enterprise agreement to uphold freedom of speech and academic freedom* > > *A higher education provider that is a *Table A provider or a *Table B provider must take reasonable steps to ensure that:* > >> *(a) any enterprise agreement under which academic staff of the higher education provider are employed includes provisions to uphold the freedom of speech and academic freedom of the provider's academic staff, consistent with the provider's policy under section 19-115; and* >> >> *(b) no other provisions of such an e — 2021-03-15, Senate: negative, ayes 3, noes 45
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2020-10-28.
This bill would change the main law governing university funding to better protect free speech and academic freedom.
It would add a formal definition of 'academic freedom' and replace the existing term 'free intellectual inquiry' with 'freedom of speech' and 'academic freedom' in the Higher Education Support Act 2003.
The changes follow recommendations from a 2019 review led by former High Court Chief Justice Robert French.
- The bill inserts a new definition of 'academic freedom' into the Higher Education Support Act 2003.
- It replaces the term 'free intellectual inquiry' with 'freedom of speech' and 'academic freedom' in relevant provisions.
- It aligns the language of the Act with the French Model Code.
Australian higher education providers and universities are affected.
Sources
em
billhome
frl act