Terms of Reference

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

Since 7 October 2023, the question of Palestine-related activism and speech on university campuses in Australia 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 governments and 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 it 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 rights of university staff and students to free and public political discussion and expression, including but not limited to rights sourced in or protected by: 

a) the International Covenant on Civil and Political Rights; 

b) the Victorian Charter of Human Rights and Responsibilities; 

c) the Commonwealth Constitution;

d) the common law.

2) Unfair or unlawful targeting of staff and students for discipline and surveillance 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: 

a) 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; and,

b) in doing so, whether they have failed to adhere to any regulatory frameworks including but not limited to the Tertiary Education Quality and Standards Agency Higher Education Standards Framework (Threshold Standards) 2021

5) Whether Australian universities have treated students and staff advocates for Palestine differently from students and staff speaking, organising, and protesting in support of Israel;

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

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