MEDIA STATEMENT: Endorsement of Hodgkinson Report at University of Sydney Would Breach the Law: NSWCCL Says

On 26 November 2024,  the University of Sydney Senate endorsed in principle the Hodgkinson Report into protest activity at the university.

The report makes 15 recommendations to restrict protest activity on campus, including:

a) a complete ban on students addressing lecture halls before classes begin;

b) a complete ban on protest activity inside university buildings, including sit-ins;

c) a “civility rule” which will require speakers to “make the meaning of contested words and phrases clear to the audience”;

d) designating “uncivil” behaviour (ie rudeness) at student meetings as misconduct, with individuals responsible banned from holding office in student organisations;

e) the withdrawal of funding to student organisations where students do not “disagree well” (ie are rude) during official meetings;

f) the prohibition of encampments as a form of protest.

NSW Council for Civil Liberties wrote to the NSW Minister for Education Prue Car and to the secretary of the NSW Labor caucus urging the state government to urgently intervene to protect the right to the freedom of expression at the University of Sydney.

Sydney University is one of the centres of democratic debate and political life in NSW. The NSW Council for Civil Liberties is concerned that the ban on students addressing other students before lectures will effectively make it impossible for students to communicate with each other about political ideas. Moreover, the attempt to shut down student organisations in which members engage in “uncivil” debate is an attack on the rights of students to robustly and freely discuss political ideas.

NSW Council for Civil Liberties calls for urgent intervention by the NSW government to direct Sydney University management not to implement the proposed restrictions on the right to freely express political views at the university.   

Sydney University is a public institution, accountable to the state government, and required by the University of Sydney Act 1989 to promote participation in public discourse and free debate and inquiry. 

The NSW Council for Civil Liberties is concerned that Sydney University is in breach of s 31 of the Act, which prohibits it from imposing disciplinary sanctions against students for expressing their political views or beliefs. 

The NSW Council for Civil Liberties expresses its concern in the strongest possible terms that if the proposed restrictions are implemented basic forms of political expression at Sydney University will effectively be banned, and calls on the NSW government to use its statutory powers to intervene by directing university management that these restrictions not go ahead.



Comments from Tim Roberts, President, NSW Council for Civil Liberties

“If these restrictions on political expression at Sydney University go ahead, it will mean the end of basic forms of political expression at the university.”

“It is extremely concerning that Mark Scott and university management have failed in their core obligation which is to make Sydney University a centre of free and open inquiry and debate. We are concerned that Sydney University will be in breach of s 31 of the University of Sydney Act, which prohibits it from imposing disciplinary sanctions against students for expressing their political views or beliefs.”

“Sydney University is a public institution, accountable to the state government, and we are calling on the Minister to direct Mark Scott and university management not to implement the proposed restrictions and to preserve the right to free speech at the University.”

“This has now got to such a crisis point that we no longer have faith in university managements to protect free speech. There needs to be legislative intervention to create a positive right to freedom of expression and protest at universities, as well as statutory protections offered to student unions to guarantee their independence and funding.”