Unconstitutional VSU legislation must not be passed
15 April 1999
The National Tertiary Education Union has welcomed legal advice released today by the Australian Vice-Chancellors’ Committee which indicates that the Government’s proposed Voluntary Student Unionism legislation may be unconstitutional.
\"The time has come for the Government to withdraw its legislation and allow the university community to fully focus on education\", Dr Carolyn Allport, NTEU President said. \"The Government should now acknowledge that not only is the community opposed to Voluntary Student Unionism, but that it has constitutionally overstepped the mark in drafting this legislation.\"
\"In light of this legal advice the timeline for the current Senate inquiry into the legislation should be extended to allow for full consideration of the extensive policy and legal issues raised by the legislation. With less than two weeks remaining before submissions are due it will be difficult for all interested parties to properly address the very serious legal concerns which have been raised.\"
\"It would be irresponsible of the Parliament to pass this legislation while such doubt exists about the legality of the bill. The passage of this legislation would leave the government vulnerable to legal challenge and create great instability within our universities. After years of continual reform of the education system the last thing which universities and university staff need is more uncertainty.\"
\"The Senate must not be bullied into passing this dubious legislation. If the Government fails to do the responsible thing and withdraw the legislation until it can ensure that it is constitutional, it is incumbent upon the Senate to take over this role and to protect universities from legal uncertainty.\"
\"The legal concerns raised today compound the existing concerns about the substantive effects which the legislation will have on universities and their ability to provide a well balanced, quality learning environment.\"