Tertiary Education and Skills Minister Penny Simmonds and Associate Minister of Education David Seymour today announced legislation changes to strengthen freedom of speech obligations on universities.
“Freedom of speech is fundamental to the concept of academic freedom and there is concern that universities seem to be taking a more risk-averse approach,” Ms Simmonds says.
“Universities should promote diversity of opinion and encourage students to explore new ideas and perspectives. This includes enabling them to hear from invited speakers with a range of viewpoints.”
The proposed changes to the Education and Training Act 2020 will set clear expectations on how universities should approach freedom of speech issues. Each university will adopt a freedom of speech statement consistent with these expectations.
The legislation will require universities to actively promote an environment where ideas can be challenged, controversial issues discussed, and diverse opinions expressed, and ensure that they are not constraining the freedom of speech rights of students, staff or invited speakers. It will also prohibit universities from adopting positions on issues that do not directly relate to their core role or functions.
University councils will take a leading role in safeguarding and championing academic freedom and free speech, with universities reporting annually on these commitments and ensuring robust complaint systems are in place.
“Universities are funded by taxpayers for the purpose of freely and openly inquiring into ideas. Fostering the ability of students to discuss and debate ideas is an essential part of their educational mission,” Mr Seymour says.
“Despite being required by the Education Act and the Bill of Rights Act to uphold academic freedom and freedom of expression, there is a growing trend of universities deplatforming speakers and cancelling events where they might be perceived as controversial or offensive.
”That’s why the National/ACT coalition agreement committed to introduce protections for academic freedom and freedom of speech to ensure universities perform their role as the critic and conscience of society.”
These changes will be introduced into Parliament in March 2025 and are expected to be enacted by the end of 2025. Universities will then have six months to develop and approve their freedom of speech statements.