Tuesday, 14 May 2024


Questions without notice and ministers statements

Community safety


David DAVIS, Gayle TIERNEY

Community safety

David DAVIS (Southern Metropolitan) (12:44): (523) My question is to Minister Tierney, the Minister for Skills and TAFE. I refer to your response to my question last sitting week regarding the deteriorating situation on the University of Melbourne campus and in particular to numerous examples of antisemitism. Last week you refused to use the powers you have under section 55(2) of the University of Melbourne Act 2009. I therefore ask: will you now finally act and use those powers to restore order and stop the antisemitism, or will you continue to dither, wring your hands and sit on the fence?

The PRESIDENT: Mr Davis, I have got a concern – and I appreciate you quoting the act – as to whether this falls under the minister’s remit or if it is the federal minister’s issue.

David DAVIS: The minister has powers under the act that she administers to issue guidelines and statements to the university.

The PRESIDENT: I will call the minister to answer as she sees fit.

Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Regional Development) (12:45): I thank Mr Davis for his question. Again, as I did the last time you asked me this question, I start by saying I absolutely condemn, and so does this government condemn, antisemitic behaviour anywhere but particularly at our universities. Of course we are absolutely opposed to any racist behaviours that may occur, and we believe that all students should feel incredibly safe on campus. Given the situation that we have on many campuses in Victoria and indeed in Australia and overseas – there are protests in relation to events that are occurring in the Israel–Hamas conflict; we know that. The fact of the matter is that most of the behaviours that have occurred on our campuses have been peaceful and to a certain degree quite respectful, and I think most people do support the fact that protests can and should occur, because we live in a democracy. What we do not tolerate is violence, what we do not tolerate is antisemitic behaviour – and we do not tolerate racism at all. When you asked me that question last sitting week, I gave an answer that is consistent with the answer that I give again today in that we believe that every student should feel safe and secure, as well as the academics and the support staff, on all of our university campuses.

I have taken legal advice, and I am advised that as Minister for Skills and TAFE and the minister responsible for higher education in the state I do not have relevant powers or responsibilities under the Education and Training Reform Act 2006 or the Monash University Act 2009 in relation to these matters. Furthermore, I have no powers to direct universities. I am advised that, as proprietors of the land, universities have the right to control who is on the land. Furthermore, university councils have the power to make university statutes and regulations regarding any person entering or on the land or other property of the university. I have encouraged universities to make appropriate use of these existing powers and continue their close engagement with Victoria Police to support the wellbeing and safety of the university community and minimise public safety risks. This could include sharing risk management plans and mitigation activities.

David DAVIS (Southern Metropolitan) (12:48): The minister has powers to issue guidelines, there is no question about that. But I further state in response to her answer just now: Minister, some vice-chancellors, particularly interstate vice-chancellors like Jennifer Westacott, have said we need leadership from our vice-chancellors. In Victoria deputy vice-chancellor of Deakin University Kerrie Parker today warned pro-Palestinian protesters that freedom of speech does not extend to the establishment of unauthorised camps, and she sought the immediate dismantling and removal of the current encampment at Morgan’s Walk at the Burwood campus. Minister, given the weak leadership provided at the University of Melbourne by the chancellor, isn’t it time you used your authority through the University of Melbourne Act to demand leadership?

Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Regional Development) (12:49): This issue is too important for those opposite to grandstand on. This is incredibly important. It is about a whole range of issues, but I have ensured in terms of the legal aspects of it I have received the clarity in the legal advice that I have as the responsible minister.

In respect to behaviours, these are matters for the universities. They have statutes that govern what they can and cannot do, and some of those universities have undertaken certain measures as recently as this morning, is my understanding. I also understand that the federal government has announced that it will unveil an inquiry in relation to antisemitism and racism. I look forward to seeing the details, as do the wider community, on what that inquiry might contain – its terms of reference, its timeframes and indeed the content of that inquiry. I look forward to that engagement.

David DAVIS (Southern Metropolitan) (12:51): I move:

That the minister’s answer be taken into account on the next day of meeting.

Motion agreed to.