11 March 2025
NTEU notes the recent Statement on Racism published by Universities Australia (UA) in which 39 universities commit to adopting a common definition of antisemitism and state their intention to have the definition inserted into legislation, and to insert this definition into complaints schemes and disciplinary processes.1
The statement appears to have been developed without appropriate levels of consultation including with the Union, staff, students and other stakeholders representing diverse Jewish and Palestinian voices. The definition would codify antisemitism in a manner not applied to any other form of racism or discrimination. The proposed insertion into the Higher Education Standards Framework (Threshold Standards)2 would ensure that antisemitism is the only form of racism and discrimination included in the Standards Framework. It is particularly disappointing that there appears to have been no consultation with Aboriginal and Torres Strait Islander staff and students as to how the codification of this definition would be perceived by their communities in the absence of a similar commitment to codifying and legislating against the ongoing racism, including institutionalised racism, this cohort experiences within universities.
NTEU acknowledges that the first paragraph of the definition, aligns with our values and our consistent, longstanding, and continuing opposition to all forms of racism and discrimination, including antisemitism.
NTEU also recognises the urgent need to combat the recent rise of antisemitism in Australia and globally, but in doing so we also understand the potential for over-reach into actions and policies that undermine academic freedom and rights to freedom of expression. Despite our shared values espoused in paragraph one, regrettably the UA proposed definition of antisemitism, does just that.
Intellectual and academic freedom are essential and defining characteristics of autonomous and publicly accountable modern universities. In the university context, intellectual freedom refers to the right of all staff and students to freely hold political and intellectual views and values and express them publicly, without fear of reprisal or retribution or restriction by university policies and procedures. This includes the expression of unpopular or controversial views provided that the expression of those views is not used to vilify, harass, intimidate or otherwise act unlawfully.
The creation, advancement and dissemination of knowledge can only occur within an environment that defends the rigorous free exchange of information and ideas and the freedom to hold, receive and disseminate ideas without restriction or fear of reprisal.
We note that the definition adopted by UA draws particularly on the International Holocaust Remembrance Alliance definition and accompanying examples. In 2022 the NTEU National Council resolved to oppose definitions of antisemitism that “prohibit criticism of Israel” including the IHRA definition, noting that
“it would chill free speech, restrict academic freedom, and restrict peaceful political expression. The NTEU agrees with concerns, articulated by more than 40 Jewish organisations and numerous academics in Australia and worldwide, that this definition is worded in a way that conflates legitimate criticism of Israel with antisemitism.”3
Although the UA definition includes language that the NTEU has frequently used – that ‘criticism of Israel is not, in and of itself, antisemitism’ – the UA definition, by including qualifications to that statement and a new provision, is likely to have the effect of suppressing academic and intellectual freedom.
The antisemitism definition adopted by UA is already having a chilling effect on academic and intellectual freedom on our campuses, with staff and students self-censoring as they struggle to interpret how it may be applied through as yet undefined but threatened disciplinary processes. The ambiguous wording of the definition is leading to confusion and uncertainty. For example, the following statement:
“Criticism of the policies and practices of the Israeli government or state is not in and of itself antisemitic. However, criticism of Israel can be antisemitic when it is grounded in harmful tropes, stereotypes or assumptions and when it calls for the elimination of the State of Israel or all Jews or when it holds Jewish individuals or communities responsible for Israel’s actions.”
is being interpreted to mean that staff and students cannot engage in legitimate scholarly debate about different forms of state organisation in relation to Israel and Palestine. This can clearly suppress valid research and teaching, including on the history and future of the Middle East. Moreover, NTEU is concerned that the definition has the potential to conflate criticism of Zionism as a political ideology with antisemitism.
Universities are required to uphold and protect academic freedom. The Higher Education Support Act 2003 S 2-1 (a) includes the following:
“The objects of this Act are:
(a) to support a higher education system that:
(i) is characterised by quality, diversity and equity of access; and
(ii) contributes to the development of cultural and intellectual life in Australia; and
(iii) is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
(iv) promotes and protects freedom of speech and academic freedom;…”
as well as a requirement that all universities maintain policies that uphold freedom of speech and academic freedom (S19-115).4 In other words, the promotion and protection of freedom of speech and academic freedom is a core function of the legislation that the universities are required to support. It is impossible to reconcile the adoption of a definition of antisemitism that threatens academic freedom with the legislative obligations of the universities.
NTEU further reaffirms the right of university staff to advance views on political and human rights issues, including in relation to Palestine, in a manner consistent with established principles of academic and intellectual freedom and freedom of speech.
Finally, we note that in most universities, implementation of this could breach the rights of staff as codified in Enterprise Agreements negotiated by the NTEU and agreed in good faith. We expect all universities to abide by their legal obligations to employees as set out in legislation and agreements.
For these reasons NTEU:
- Opposes the definition of antisemitism adopted by the members of Universities Australia;
- Will continue to oppose until such time as we can be assured that any adopted definition does not suppress or limit academic freedom, freedom of expression or the right to peaceful protest; and
- Will reject any proposed changes to enterprise agreements or policies and processes that have the potential to undermine academic freedom.
We call on the members of Universities Australia to:
- Withdraw their definition of antisemitism until such time as they have engaged in wider consultation with staff and student bodies and their Aboriginal and Torres Strait Islander communities, as well as groups who have publicly opposed the current definition;
- Ensure that their policies and actions address all forms of racism and discrimination on our campuses in an equal manner; and
- As part of their “commitment to combatting racism in all its forms”, commit to ensuring that they provide face-to-face training on racism for all staff and students including on the impact of entrenched institutional racism.
This statement forms the official and full response of the NTEU to the proposed definition of antisemitism adopted by Universities Australia. Branches and Divisions are authorised to make representations to their relevant universities consistent with this position.
MOTION
The National Executive endorses the ‘NTEU Statement on the Universities Australia definition of antisemitism’ including the actions incorporated within the statement. National Executive directs that it be circulated to all Branches and Divisions and made publicly available.
1 https://universitiesaustralia.edu.au/media-item/statement-on-racism/
2 https://www.legislation.gov.au/F2021L00488/latest/downloads
3 NTEU Policy Manual 2024-2025
4 https://www.legislation.gov.au/C2004A01234/latest/downloads