Terms of Reference

People’s Inquiry into University Restrictions on Free Speech on Palestine

Since October 7 2023, the question of Palestine-related activism and speech on university campuses has become increasingly controversial. The purpose of this inquiry is to establish (1) whether the human rights of student and staff supporters of Palestine have been violated by University administrations; and (2) whether Australian universities are upholding their obligations to staff and students regarding  freedom of  speech and expression, and  therefore academic freedom as relates to Palestine. The inquiry also seeks recommendations on how the rights of free speech, inquiry and assembly be best protected on university campuses.

This Inquiry is tasked with considering the following matters

1. Infringements on the Constitutionally implied rights of Australian university staff and students to free and public political discussion, and political expression;

2. Unfair targeting of staff or students for discipline and/or surveillance by Australian universities due to their beliefs, research, speech or protest in support of the rights of Palestinians;

3. The adequacy of university disciplinary procedures and policies in the context of controversies over free speech; these procedures' adherence to principles of natural justice; and their effect on  staff and students' civil and political rights; and whether Australian universities have adhered to their own policies regarding freedom of speech and academic freedom in relation to Palestine;

4. Whether Australian universities have altered their campus freedom of speech or academic freedom policies in response to pro-Palestine activity in a way which limits or stifles freedom of speech and political expression;

5. Whether Australian universities have violated articles 19 (the right to freedom of expression) and 21 (the right of peaceful assembly) of the International Covenant on Civil and Political Rights in their conduct or policies towards supporters of the rights of Palestinians; and whether Australian university governance bodies have failed to adhere to the Tertiary Education Quality and Standards Agency (TEQSA) Higher Education Standards Framework (Threshold Standards) 2021, section 6.1(4) (maintenance of an institutional environment in which freedom of speech and academic freedom are upheld and protected);

6. Whether Australian universities have treated students and staff advocating in support of Palestine differently than students and staff speaking, organising, and protesting in support of Israel;

7. The nature, role, and effectiveness of the International Holocaust Remembrance Alliance definition of antisemitism in a university context;

8. Any related matters related to the above topics that may assist in the inquiry in its deliberations.

The Inquiry’s deliberations will be informed by submissions and evidence from the public. Submissions are invited on the aforementioned topics from individuals or organisations.

A schedule of hearings will be made available on the Inquiry’s website.