Senate committee rejects judicial inquiry into university antisemitism

The Senate inquiry into antisemitism at Australian universities has recommended a parliamentary inquiry into university antisemitism but declined a proposed judicial inquiry.

It says a judicial inquiry would be “too slow” and universities should take action now through better complaints procedures.

“It is clear to the committee that university responses to incidents of antisemitism, and the fears of Jewish students and staff, have been woefully inadequate,” the Senate’s Legal and Constitutional Affairs Legislation Committee reported, describing the failure as remarkably similar to universities’ historically poor responses to sexual assault and harassment.

The report said the majority of the 669 submissions it received were in favour of a Commission of Inquiry but that it considers “actions that produce results more quickly and are more agile and responsive to the situation on the ground are required”. It called on all universities to review their complaints procedures to ”deliver real and meaningful outcomes for complainants”.

“It is entirely within the power of Australian universities to take action to address antisemitism now,” the committee found.

The decision has been greeted with dismay by Jewish communal leaders.

“An inquiry conducted by a senior judge would take the politics out of the issue, whereas another parliamentary inquiry will put the politics back in,” Executive Council of Australian Jewry (ECAJ) Co-CEO Peter Wertheim said.

“It is in the interests of the whole country, not just the Jewish community, to get to the whole truth about the nature and extent of antisemitism at Australian universities.”

The Australian Academic Alliance Against Antisemitism (5A) said the Committee had “essentially dismissed” the representations of those representing the vast majority of the Australian Jewish community on matters directly affecting them.

The committee was charged with considering a Bill which would have established Commission of Inquiry antisemitism at Australian universities. It has recommended against the Bill, proposing instead that the Attorney-General immediately refers an inquiry into antisemitism at Australian universities to the Parliamentary Joint Committee on Human Rights.

It also recommended that all Australian universities urgently review their complaints processes, in consultation with the Tertiary Education Quality and Standards Agency (TEQSA) and the Special Envoy to Combat Antisemitism.

“Antisemitism is abhorrent and has no place in Australian society. The committee is deeply troubled by the experiences of Jewish students and staff at Australian universities. Those who described the experiences of Jewish students and staff as merely occasions of ‘discomfort’ or ‘offense’ when challenged with differing opinions, or as an unfortunate consequence of the “stupid” or “idiotic” actions of other students, fail to recognise the fear many Jewish students and staff have experienced at university, and the very real harm done to those who have been victims of antisemitism. No one should feel unsafe to attend their place of education or work,” the report said.

The committee noted that the Australian Human Rights Commission (AHRC) is already conducting a study into the prevalence and impact of racism in Australian universities. That study is not specific to antisemitism but includes the examination of all forms of racism “including antisemitism, Islamophobia, anti-Palestine, anti-Arab and First Nations racism” at universities.

The majority of submissions argued that the specific nature of antisemitism and the particular experience of Jewish students at universities required a judicial inquiry. This argument was put by Jillian Segal, Australia’s Special Envoy to Combat Antisemitism, who told the committee that “antisemitism has always been stubborn and shape-shifting, and it is not sufficiently responsive to policies instituted to deal with racism more broadly”.

But opposition came from Muslim and Palestinian groups, from the National Tertiary Education Union, and from a few left-wing Jewish groups including the Jewish Council of Australia, Tzedek Collective, and the Loud Jew Collective. They argued that antisemitism should not be addressed in isolation but should be part of addressing racism more broadly.

“Tackling racism in our universities requires a very clear distinction between discrimination, hatred or animosity against a person or group based on legal protected attributes, and legitimate political speech. Regarding antisemitism, this means distinguishing between hatred, animosity and discrimination against Jewish people for being Jewish, and critique of Israel and Zionism,” the Jewish Council said in its submission.

A dissenting report from Coalition senators on the Committee said the government’s decision to engage the AHRC to conduct its report on university racism was “tone-deaf” given the AHRC’s failure to address antisemitism.

“Based on evidence received by this inquiry, only the powers, confidentiality and expertise offered by a Commission of Inquiry, led by a respected and eminent jurist, is capable of undertaking the detailed inquiry necessary to deliver the systemic reforms required to protect the safety and wellbeing of Jewish university students and staff into the future,” the dissenting report said.

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