1 00:00:05,960 --> 00:00:08,880 Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:08,960 --> 00:00:15,920 Speaker 1: It's Tuesday, March eighteen, twenty twenty five. Treasurer Jim Chalmers 3 00:00:15,920 --> 00:00:19,000 Speaker 1: has revealed what he really thinks about US President Donald 4 00:00:19,000 --> 00:00:22,200 Speaker 1: Trump's tariffs in a major pre budget speech at the 5 00:00:22,239 --> 00:00:26,160 Speaker 1: Queensland Media Club on Tuesday. He'll call the duty's economic 6 00:00:26,280 --> 00:00:32,680 Speaker 1: self harm. Australia is unlikely to meet most of Labour's 7 00:00:32,720 --> 00:00:36,360 Speaker 1: twenty thirty climate goals, so the party has quietly removed 8 00:00:36,400 --> 00:00:39,920 Speaker 1: its modeling from its website. You can read that exclusive 9 00:00:40,000 --> 00:00:43,240 Speaker 1: story right now at the Australian dot com dot au. 10 00:00:47,159 --> 00:00:50,760 Speaker 1: The University in Sydney will fail law students who refuse 11 00:00:50,880 --> 00:00:54,280 Speaker 1: to perform an acknowledgment of country, or if they don't 12 00:00:54,320 --> 00:00:57,920 Speaker 1: do it with enough enthusiasm. But what's that kind of 13 00:00:57,960 --> 00:01:00,880 Speaker 1: formality got to do with a law to go? And 14 00:01:00,960 --> 00:01:05,160 Speaker 1: how does acknowledgment of country fit in today's Australia. That's 15 00:01:05,280 --> 00:01:10,560 Speaker 1: today's story. 16 00:01:11,600 --> 00:01:12,520 Speaker 2: Are you ready? 17 00:01:12,959 --> 00:01:19,760 Speaker 1: Here is the lands, Here is the sky planes, meetings, 18 00:01:20,080 --> 00:01:22,800 Speaker 1: school assemblies, and thank. 19 00:01:23,080 --> 00:01:27,360 Speaker 2: The people of the wine Tree and barn. 20 00:01:30,440 --> 00:01:34,760 Speaker 1: If modern Australia has a sound, it's the acknowledgment of country. 21 00:01:35,720 --> 00:01:41,640 Speaker 3: We acknowledge the traditional owners and custodians of the Daru peoples. 22 00:01:41,360 --> 00:01:44,160 Speaker 1: The Gatigel people of the Eora nation, the. 23 00:01:44,920 --> 00:01:46,840 Speaker 3: People of the Southern Highlands. 24 00:01:48,240 --> 00:01:52,080 Speaker 1: We respect their spiritual relationship with their country. But there's 25 00:01:52,080 --> 00:01:54,240 Speaker 1: a new twist. If you don't do it properly, you 26 00:01:54,360 --> 00:01:56,600 Speaker 1: might not pass your unicorse. 27 00:02:00,040 --> 00:02:03,360 Speaker 3: Governed over the weekend that there is a marking rubric 28 00:02:03,400 --> 00:02:06,440 Speaker 3: for one of the courses at Macquarie Law School. The 29 00:02:06,520 --> 00:02:09,040 Speaker 3: course is called Age and the Law, which is a 30 00:02:09,080 --> 00:02:12,639 Speaker 3: fairly innocuous sounding subject about the way that the law 31 00:02:12,680 --> 00:02:14,760 Speaker 3: impacts on children and older people. 32 00:02:15,639 --> 00:02:18,480 Speaker 1: Janet al Breton is a columnist with The Australian and 33 00:02:18,520 --> 00:02:21,960 Speaker 1: she also has a doctorate in juridical studies. She's worked 34 00:02:22,000 --> 00:02:23,919 Speaker 1: as a solicitor in commercial law. 35 00:02:24,880 --> 00:02:28,240 Speaker 3: And I discovered that in the marking rubric for one 36 00:02:28,320 --> 00:02:33,880 Speaker 3: component of this course, students are required it's mandatory to 37 00:02:34,160 --> 00:02:37,280 Speaker 3: deliver an acknowledgment of country. If you're non indigenous or 38 00:02:37,320 --> 00:02:40,640 Speaker 3: if you are a member of the local tribe, then 39 00:02:40,800 --> 00:02:45,320 Speaker 3: you deliver a welcome to country, so obligatory for all students, 40 00:02:45,840 --> 00:02:48,720 Speaker 3: and if you don't present it at the beginning of 41 00:02:48,760 --> 00:02:51,680 Speaker 3: your oral presentation in the way that has been set 42 00:02:51,760 --> 00:02:55,200 Speaker 3: down by the marker, or if you don't do it 43 00:02:55,240 --> 00:02:58,160 Speaker 3: in a way that was appropriate, or if there is 44 00:02:58,240 --> 00:03:02,200 Speaker 3: significant room for improvement, or if you didn't show enough 45 00:03:02,280 --> 00:03:07,680 Speaker 3: cultural respect when delivering it, you fail, which is pretty extraordinary, Claire. 46 00:03:07,680 --> 00:03:09,040 Speaker 3: I must say I had to read it a couple 47 00:03:09,040 --> 00:03:13,200 Speaker 3: of times to really understand that they were literally compelling 48 00:03:13,720 --> 00:03:16,840 Speaker 3: a form of political speech in the classroom in the 49 00:03:16,919 --> 00:03:20,200 Speaker 3: law school. I've never seen anything quite like this, and 50 00:03:20,240 --> 00:03:21,680 Speaker 3: you know, you wonder what else is going on. 51 00:03:22,480 --> 00:03:24,600 Speaker 1: Would this kind of thing have been in vogue when 52 00:03:24,639 --> 00:03:26,800 Speaker 1: you were at law school, Claire. 53 00:03:26,480 --> 00:03:31,320 Speaker 3: I don't recall one ounce of politics in Adelaide Law 54 00:03:31,360 --> 00:03:34,560 Speaker 3: school in the eighties. When I was there. It didn't 55 00:03:34,560 --> 00:03:37,120 Speaker 3: even cross my mind that it might be there, or 56 00:03:37,120 --> 00:03:40,280 Speaker 3: should it be there. We were literally taught law. The 57 00:03:40,320 --> 00:03:45,560 Speaker 3: subjects were very classically legal subjects, contract equity, criminal law. 58 00:03:46,080 --> 00:03:48,560 Speaker 3: When you look at the curriculum now in law schools, 59 00:03:48,640 --> 00:03:52,560 Speaker 3: it is infused with politics, its gender and the law. 60 00:03:52,720 --> 00:03:54,440 Speaker 3: When I left a law firm a number of years ago, 61 00:03:54,480 --> 00:03:56,080 Speaker 3: I taught for a while at Sydney Law School and 62 00:03:56,080 --> 00:03:58,080 Speaker 3: what really turned me off and why I stopped teaching, 63 00:03:58,760 --> 00:04:01,040 Speaker 3: was because the subjects were so infused with politics, and 64 00:04:01,080 --> 00:04:03,440 Speaker 3: I didn't want to teach politics. I wanted to teach law. 65 00:04:04,200 --> 00:04:06,680 Speaker 3: And I do think that we are letting down students 66 00:04:06,720 --> 00:04:08,760 Speaker 3: who pay a hell of a lot of money to 67 00:04:08,800 --> 00:04:09,800 Speaker 3: be trained in the law. 68 00:04:11,640 --> 00:04:14,720 Speaker 1: Yeah. This is the intersection of two themes that come 69 00:04:14,800 --> 00:04:17,560 Speaker 1: up very frequently in your writing, the law and the 70 00:04:17,560 --> 00:04:21,240 Speaker 1: way it's taught, and freedom of speech and the idea 71 00:04:21,400 --> 00:04:25,920 Speaker 1: that we can have different opinions. The idea of acknowledgment 72 00:04:25,960 --> 00:04:29,280 Speaker 1: to country or welcome to country has really become a 73 00:04:29,279 --> 00:04:33,040 Speaker 1: bit of a shibbalith, hasn't it? For the progressive classes, 74 00:04:33,320 --> 00:04:36,080 Speaker 1: the university classes in Australia it has. 75 00:04:36,240 --> 00:04:38,880 Speaker 3: And look, it's not just the university classes, Claire. You 76 00:04:38,920 --> 00:04:42,920 Speaker 3: would find up until I think the decision on the Voice, 77 00:04:43,480 --> 00:04:47,039 Speaker 3: there were many boardrooms where there would be an acknowledgment 78 00:04:47,120 --> 00:04:50,760 Speaker 3: to country. There would be audit committee meetings within the 79 00:04:50,839 --> 00:04:53,680 Speaker 3: board where there was an acknowledgment to country. It got 80 00:04:53,720 --> 00:04:56,640 Speaker 3: really really silly, and it was overused and it was 81 00:04:56,720 --> 00:04:59,760 Speaker 3: wrote read and there was no real meaning to it. 82 00:05:00,080 --> 00:05:02,680 Speaker 3: I think the only outcome was that it annoyed a 83 00:05:02,720 --> 00:05:05,800 Speaker 3: lot of people and it lost its worth. And I'm 84 00:05:05,839 --> 00:05:08,600 Speaker 3: sure there is a cultural worth to both an acknowledgment 85 00:05:09,000 --> 00:05:12,799 Speaker 3: of country and a welcome to country. In some areas. 86 00:05:13,520 --> 00:05:16,200 Speaker 1: Yeah, so there's welcome to country. Let's talk about that 87 00:05:16,240 --> 00:05:18,880 Speaker 1: in a moment. But first acknowledgment of country, which is 88 00:05:19,320 --> 00:05:21,719 Speaker 1: meant to be read by someone who is not of 89 00:05:21,760 --> 00:05:25,400 Speaker 1: the local people that are not necessarily Aboriginal, but they 90 00:05:25,400 --> 00:05:28,839 Speaker 1: are acknowledging that we're meeting on the lands of such 91 00:05:28,839 --> 00:05:32,240 Speaker 1: and such people. The interesting thing about that is how 92 00:05:32,320 --> 00:05:35,599 Speaker 1: ubiquitous it's become in the public sector. I know people 93 00:05:35,640 --> 00:05:38,120 Speaker 1: in the public sector who say that at any meeting 94 00:05:38,240 --> 00:05:41,000 Speaker 1: with more than three or four people, there's an expectation 95 00:05:41,200 --> 00:05:44,520 Speaker 1: that an acknowledgment of country will be read, even if 96 00:05:44,520 --> 00:05:47,400 Speaker 1: they're meeting over zoom and they're all in different places. 97 00:05:48,160 --> 00:05:51,400 Speaker 1: How do you think that has become so embedded in 98 00:05:51,720 --> 00:05:54,239 Speaker 1: the fabric of our our public service. 99 00:05:54,880 --> 00:05:58,279 Speaker 3: I think it's got this quasi religious aspect to it, Claire. 100 00:05:58,320 --> 00:06:01,080 Speaker 3: I mean, we did away with the daily prayer. If 101 00:06:01,080 --> 00:06:03,640 Speaker 3: we're in court, we can affirm or give an oath. 102 00:06:03,960 --> 00:06:07,640 Speaker 3: But the acknowledgment to country now is there is a 103 00:06:07,760 --> 00:06:12,440 Speaker 3: religious fervor with which it's applied but not necessarily delivered. 104 00:06:12,880 --> 00:06:15,120 Speaker 3: I think it's often delivered with a sense of utter 105 00:06:15,400 --> 00:06:18,640 Speaker 3: resignation that it has to be done. There was a 106 00:06:18,680 --> 00:06:21,240 Speaker 3: court sitting or an address at the New South Wales. 107 00:06:21,279 --> 00:06:23,040 Speaker 3: I think it was a Federal court or Supreme Court 108 00:06:23,120 --> 00:06:26,839 Speaker 3: where every single person who addressed the court gave an 109 00:06:26,839 --> 00:06:31,640 Speaker 3: acknowledgment of country. I think there were ten. Unfortunately, it's 110 00:06:31,640 --> 00:06:34,919 Speaker 3: been so overused that it ends up dividing people. It 111 00:06:34,960 --> 00:06:40,000 Speaker 3: has absolute opposite effect on people. And I think when 112 00:06:40,040 --> 00:06:42,599 Speaker 3: you start mandating it at a law school and you 113 00:06:42,760 --> 00:06:46,159 Speaker 3: threaten to fail students if they don't deliver it with 114 00:06:46,240 --> 00:06:50,279 Speaker 3: the right amount of fervor, we have really gone too far. 115 00:06:50,440 --> 00:06:53,720 Speaker 3: And I think it's an indication. If that's what is 116 00:06:53,760 --> 00:06:57,320 Speaker 3: happening in one class, what else is happening in other classes? 117 00:06:57,360 --> 00:06:57,520 Speaker 1: Now? 118 00:06:57,560 --> 00:07:02,120 Speaker 3: Macquarie University's response to from the Australian was that it 119 00:07:02,160 --> 00:07:07,280 Speaker 3: does not apply to all oral presentations at Morquarie University. Well, 120 00:07:07,279 --> 00:07:10,640 Speaker 3: how many does it apply to? And what about other universities? 121 00:07:11,480 --> 00:07:13,600 Speaker 3: And I just wonder what is the next step here? 122 00:07:13,760 --> 00:07:17,400 Speaker 3: Is there going to be an investigation into the level 123 00:07:17,480 --> 00:07:21,440 Speaker 3: of what I see as political activism in the lecture 124 00:07:21,480 --> 00:07:25,080 Speaker 3: room at Macquarie Law School? Who cares? Does anyone care? 125 00:07:25,160 --> 00:07:26,280 Speaker 3: That this has happened. 126 00:07:30,280 --> 00:07:34,080 Speaker 1: Coming up. Where do university's obligations on freedom of speech 127 00:07:34,480 --> 00:07:37,160 Speaker 1: sit with their rules about everything else? 128 00:07:53,320 --> 00:07:53,680 Speaker 2: Janet. 129 00:07:53,720 --> 00:07:58,000 Speaker 1: The big football codes were very early adopters of acknowledgments 130 00:07:58,080 --> 00:08:01,920 Speaker 1: to or welcomes to country. The Alat Football Club we 131 00:08:02,120 --> 00:08:04,640 Speaker 1: like to acknowledge there's a land we meet on today. 132 00:08:04,880 --> 00:08:09,200 Speaker 1: It's a traditional land on the Ghana people. And last year, 133 00:08:09,200 --> 00:08:10,720 Speaker 1: at the end of the football season for both the 134 00:08:10,760 --> 00:08:15,360 Speaker 1: AFL and the NRL, we saw some controversy arising about it. 135 00:08:15,400 --> 00:08:18,000 Speaker 1: After one of the AFL finals there was a speaker 136 00:08:18,040 --> 00:08:21,920 Speaker 1: who caused some controversy. I heard that particular speaker, Uncle 137 00:08:21,960 --> 00:08:25,160 Speaker 1: Brendan Karen, actually speaking at another event. 138 00:08:26,240 --> 00:08:30,360 Speaker 2: Within Australia, we have many Aboriginal lands and we refer 139 00:08:30,440 --> 00:08:33,920 Speaker 2: to our lands as country, so it's always a welcome 140 00:08:34,000 --> 00:08:37,400 Speaker 2: to the lands you're gathered on. All Welcome to country 141 00:08:37,920 --> 00:08:41,560 Speaker 2: is not a ceremony that we've invented to cater for 142 00:08:41,679 --> 00:08:46,360 Speaker 2: white people. It's a ceremony we've been doing for two 143 00:08:46,440 --> 00:08:51,120 Speaker 2: hundred and fifty thousand years plus BC and the BC 144 00:08:51,440 --> 00:08:53,520 Speaker 2: stands for before Cook. 145 00:08:55,160 --> 00:08:57,679 Speaker 1: That triggered a big debate in the AFL community. Then 146 00:08:57,720 --> 00:08:59,840 Speaker 1: the Melbourne storm in the NRL said that they would 147 00:08:59,840 --> 00:09:03,600 Speaker 1: be re examining their use of acknowledgments or welcomes to 148 00:09:03,640 --> 00:09:06,920 Speaker 1: country and they would let their actions rather than their words, 149 00:09:06,960 --> 00:09:10,800 Speaker 1: speak for how they incorporate indigenous culture. And of course 150 00:09:10,840 --> 00:09:14,000 Speaker 1: the other cultures specific are maldi people who play with them. 151 00:09:15,040 --> 00:09:18,000 Speaker 1: Where do you think we're at in a broader culture, Janet? 152 00:09:18,040 --> 00:09:20,920 Speaker 1: Are we seeing a backlash or a lack of interest 153 00:09:20,960 --> 00:09:23,120 Speaker 1: in these ceremonies spreading now? 154 00:09:24,240 --> 00:09:26,480 Speaker 3: Yes, I think one of the advantages of the voice 155 00:09:26,480 --> 00:09:28,679 Speaker 3: devot and there were there were lots of awful parts 156 00:09:28,720 --> 00:09:31,240 Speaker 3: to it. It got very vicious, I think at times. 157 00:09:31,280 --> 00:09:34,760 Speaker 3: But one of the lasting effects is that we have 158 00:09:34,920 --> 00:09:37,920 Speaker 3: been able to have this discussion around an acknowledgment of 159 00:09:37,920 --> 00:09:40,679 Speaker 3: a welcome to country. We've seen it at the Australian 160 00:09:40,760 --> 00:09:43,720 Speaker 3: with our readers. A lot of people are pushing back 161 00:09:43,760 --> 00:09:45,640 Speaker 3: on it. A lot of people are explaining why they 162 00:09:45,679 --> 00:09:49,040 Speaker 3: don't like it. They're wondering why it's become so obligatory 163 00:09:49,480 --> 00:09:50,680 Speaker 3: and that it's overused. 164 00:09:51,480 --> 00:09:54,800 Speaker 1: Do you think there's a kernel of well meaning intent 165 00:09:54,920 --> 00:09:57,480 Speaker 1: behind all of this, Janet, that you well meaning people 166 00:09:57,559 --> 00:10:01,760 Speaker 1: are concerned about Aboriginal incarceration rates or child poverty, rates 167 00:10:01,800 --> 00:10:04,520 Speaker 1: and feel that they want to do something and feel 168 00:10:04,520 --> 00:10:06,120 Speaker 1: that this is the kind of thing that they can 169 00:10:06,200 --> 00:10:07,240 Speaker 1: do in their own lives. 170 00:10:08,240 --> 00:10:10,600 Speaker 3: I'm sure there is, Claire, I have absolutely no doubt 171 00:10:10,600 --> 00:10:12,800 Speaker 3: about that. I haven't met in Australia who doesn't care 172 00:10:12,840 --> 00:10:16,679 Speaker 3: about the high incarceration rate, the welfare issues, the violence, 173 00:10:16,720 --> 00:10:23,360 Speaker 3: the drugs, the educational failings for Indigenous children. But I'm 174 00:10:23,400 --> 00:10:27,720 Speaker 3: not sure that delivering an acknowledgment does anything. And I 175 00:10:27,760 --> 00:10:30,400 Speaker 3: think if we trick ourselves into thinking by giving an 176 00:10:30,400 --> 00:10:32,920 Speaker 3: acknowledgment at a zoom meeting with two other white people 177 00:10:33,520 --> 00:10:38,040 Speaker 3: that we are somehow doing something useful, we're deluding ourselves. 178 00:10:38,240 --> 00:10:40,200 Speaker 3: I think there are other things we can do, and 179 00:10:40,240 --> 00:10:41,800 Speaker 3: then I think there are a whole batch of other 180 00:10:41,800 --> 00:10:44,200 Speaker 3: people who are just doing it because they're forced to, 181 00:10:44,880 --> 00:10:46,600 Speaker 3: And what is the value of that. 182 00:10:47,640 --> 00:10:51,520 Speaker 1: It's interesting too, isn't it? Because universities said when they 183 00:10:51,559 --> 00:10:56,120 Speaker 1: had encampments of pro Palestinian groups that they weren't able 184 00:10:56,200 --> 00:10:58,720 Speaker 1: to dictate what students were allowed to do on campus. 185 00:10:58,800 --> 00:11:01,440 Speaker 1: You know, they had to expect students freedom of speech. 186 00:11:01,480 --> 00:11:04,480 Speaker 1: And if that meant that Israeli or Jewish students felt 187 00:11:04,480 --> 00:11:08,440 Speaker 1: discriminated against, well it wasn't the university's problem. How do 188 00:11:08,480 --> 00:11:09,600 Speaker 1: those two things square up? 189 00:11:10,200 --> 00:11:12,920 Speaker 3: Well, they don't do though. If they can't discipline a 190 00:11:12,920 --> 00:11:17,400 Speaker 3: pro Palestinian academic or students for acts of anti Semitism, 191 00:11:17,480 --> 00:11:20,599 Speaker 3: and yet they can fail a student for not delivering 192 00:11:20,640 --> 00:11:23,880 Speaker 3: a force of compelled political speech, they don't square off 193 00:11:23,880 --> 00:11:27,360 Speaker 3: at all. They don't make sense. And that's where universities, 194 00:11:27,400 --> 00:11:31,000 Speaker 3: I think sadly, are losing credibility. They're losing trust and 195 00:11:31,120 --> 00:11:35,000 Speaker 3: respect with the public. And these are public institutions and 196 00:11:35,080 --> 00:11:39,200 Speaker 3: they need to have the legitimacy that arises from us 197 00:11:39,240 --> 00:11:43,360 Speaker 3: believing in them and in students believing in them. Again, 198 00:11:43,440 --> 00:11:45,680 Speaker 3: I don't think it's good enough. We have to work 199 00:11:45,720 --> 00:11:50,160 Speaker 3: out how that changes, because nothing so far has put 200 00:11:50,200 --> 00:11:53,679 Speaker 3: a rocket under the backside of the governing councils of 201 00:11:53,800 --> 00:11:55,640 Speaker 3: Australia's biggest universities. 202 00:12:03,240 --> 00:12:05,720 Speaker 1: Janedal Bregson is a columnist with The Australian and you 203 00:12:05,720 --> 00:12:08,600 Speaker 1: can read her writing right now at The Australian dot 204 00:12:08,640 --> 00:12:09,120 Speaker 1: com dot a