Malarndirri McCarthy has declined to say whether universities are failing in their duty of care to protect students and staff, after a major new report found racism is "deeply embedded" across the higher education sector, instead urging institutions to heed its recommendations and act.
Responding to the landmark findings from the Australian Human Rights Commission's Racism@Uni Study, the federal minister for Indigenous Australians said the government-commissioned review should serve as a warning to universities and organisations nationwide rather than prompt immediate punitive measures.
Asked directly in Adelaide whether universities were falling short of providing safe and inclusive campuses, Senator McCarthy did not answer directly, arguing the report is "sending a strong message, not only to universities, but to every organisation and every individual across Australia that racism is not on".
She added: "This report was about shining a light on the fact that we knew there was racism and concerns about racism," she said, "so of course we want to be able to look at the recommendations and act where we can on those recommendations."
The study documented significant rates of racism experienced by students and staff from Aboriginal and Torres Strait Islander, Māori, Pasifika, Palestinian, Jewish, African, Asian, Middle Eastern and Muslim backgrounds, with 70 per cent of respondents reporting indirect racism, including hearing or seeing racist behaviour directed at their communities.
Jewish (religious) and Palestinian respondents reported experiencing racism at rates over 90 per cent, while First Nations, Chinese, Jewish (secular), Middle Eastern and Northeast Asian respondents reported rates above 80 per cent.
Race Discrimination Commissioner Giridharan Sivaraman warned of the broader consequences, saying: "Racism harms people and communities. It damages people's identity and self-esteem, their sense of belonging, and their wellbeing and safety."
"Left unchecked, it leads to violence. The attack on Camp Sovereignty, the antisemitic terror attack in Bondi, and the recent alleged attempted bombing targeting First Peoples on 26 January in Perth — these are the horrifying outcomes when racism in our society isn't addressed."
The report makes 47 recommendations for governments and universities and calls for a "coordinated, sector-wide approach aligned with the Australian Human Rights Commission's National Anti-Racism Framework".
These include creating a national framework for anti-racism in universities, improving complaints systems, ensuring inclusive teaching and curriculum, and increasing leadership diversity.
Asked whether consequences should apply to universities that fail to protect students and staff from discrimination, Senator McCarthy said: "This is a conversation now that needs to take place in terms of the actual report that's come out...I would encourage universities to make sure they do read this report and actually act on it as well."
The Northern Territory senator also pointed to what she described as a broader rise in racism nationally.
"It is a very real concern that I have as Indigenous Australians Minister — especially for First Nations people," she said.
"We've seen the recent alleged attack on Boorloo, Perth, with the Noongar families and all of those at an Invasion Day rally. We've heard the Police Commissioner in Western Australia refer to this in terms of the concerns around racism. It exists, and it is important for our government to reassure all Australians that we all should feel safe, and racism has no place in our society."
The findings follow last year's Call It Out Annual Report, which showed more than a quarter of reported racist incidents targeting Indigenous Australians involved children and young people, with 30 per cent occurring in schools and other educational settings — more than double the previous year.
Jumbunna Research Fellow Rebecca Lewis said at the time: "When First Nations children experience racism at school, it cuts deeply. These are spaces where they should feel protected, yet many are subjected to public humiliation and trauma."
"Too often this is dismissed as bullying. But racism is not bullying and treating it that way allows harm against First Nations children to be normalised and continue without accountability."
Additional reporting by Giovanni Torre