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representatives vote 2024-08-13#3
Edited by
mackay staff
on
2024-09-07 20:21:48
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Title
Bills — Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024; Consideration in Detail- Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 - Consideration in Detail - Cap at provider level only
Description
<p class="speaker">Kylea Tink</p><p>by leave—I move amendments (1) to (8), as circulated in my name, together:</p>-
- The majority voted against an [amendment](https://www.openaustralia.org.au/debates/?id=2024-08-13.93.1) introduced by North Sydney MP [Kylea Tink](https://theyvoteforyou.org.au/people/representatives/north_sydney/kylea_tink), which means it failed.
- Ms Tink [explained that](https://www.openaustralia.org.au/debates/?id=2024-08-13.93.1):
- > *The amendment I'm moving seeks to remove the ministerial power to set caps at the course level, instead allowing for caps at the provider level only. The reason I believe this amendment is required is that ministerial intervention at the course level is a dangerous overreach that would have serious consequences for institutional autonomy, existing regulations and student choice.*
- ### Amendment text
- > *(1) Schedule 1, item 45, page 23 (lines 6 to 10), omit the definition of course enrolment limit in section 5.*
- >
- > *(2) Schedule 1, item 46, page 23 (lines 16 to 26), omit the item, substitute:*
- >
- >> *46 Section 15A (after the paragraph beginning "Division 1 contains")*
- >>
- >>> *Insert:*
- >>>
- >>>> *The Minister may determine under Division 1AA a limit (called the total enrolment limit) on the number of overseas students that may be enrolled in all courses provided by a provider in a year. A provider must not exceed its total enrolment limit for a year.*
- >
- > *(3) Schedule 1, item 47, page 29 (line 11) to page 34 (line 8), omit Subdivision C.*
- >
- > *(4) Schedule 1, item 48, page 34 (lines 9 to 18), omit the item, substitute:*
- >>
- >> *48 Section 83A (after the paragraph beginning "The ESOS agency")*
- >>
- >>> *Insert:*
- >>>
- >>>> *Division 1AA provides for automatic suspension of a provider’s registration for all courses in relation to a year if the provider exceeds its total enrolment limit for the year.*
- >
- > *(5) Schedule 1, item 49, page 36 (line 4) to page 37 (line 20), omit section 96A.*
- >
- > *(6) Schedule 1, item 50, page 37 (table item 13), omit the table item.*
- >
- > *(7) Schedule 1, item 51, page 38 (line 5), omit "or 96A(6)".*
- >
- > *(8) Schedule 1, item 53, page 40 (lines 3 to 33), omit subitems (4) and (5).*
<p class="italic">(1) Schedule 1, item 45, page 23 (lines 6 to 10), omit the definition of <i>course enrolment limit</i> in section 5.</p><p class="italic">(2) Schedule 1, item 46, page 23 (lines 16 to 26), omit the item, substitute:</p><p class="italic">46 Section 15A (after the paragraph beginning "Division 1 contains")</p><p class="italic">Insert:</p><ul></ul><p class="italic">(3) Schedule 1, item 47, page 29 (line 11) to page 34 (line 8), omit Subdivision C.</p><p class="italic">(4) Schedule 1, item 48, page 34 (lines 9 to 18), omit the item, substitute:</p><p class="italic">48 Section 83A (after the paragraph beginning "The ESOS agency")</p><p class="italic">Insert:</p><ul></ul><p class="italic">(5) Schedule 1, item 49, page 36 (line 4) to page 37 (line 20), omit section 96A.</p><p class="italic">(6) Schedule 1, item 50, page 37 (table item 13), omit the table item.</p><p class="italic">(7) Schedule 1, item 51, page 38 (line 5), omit "or 96A(6)".</p><p class="italic">(8) Schedule 1, item 53, page 40 (lines 3 to 33), omit subitems (4) and (5).</p><p>I rise to speak to the amendments as circulated. As I said in my second reading speech, while many in North Sydney would support efforts to improve the quality, integrity and sustainability of our tertiary and advanced education sector, we're concerned this piece of legislation conflates a variety of issues and uses them to confer unprecedented powers on both the current and future education ministers.</p><p>Importantly, under the guise of fixing the integrity of the international students sector, we're concerned government overreach, as seen in this bill, risks undermining what is currently the second most profitable export sector in our economy. Specifically, the ministerial power to introduce student caps at the course level is unprecedented, with no other major export industry currently subject to such extraordinary micro-level powers.</p><p>The amendment I'm moving seeks to remove the ministerial power to set caps at the course level, instead allowing for caps at the provider level only. The reason I believe this amendment is required is that ministerial intervention at the course level is a dangerous overreach that would have serious consequences for institutional autonomy, existing regulations and student choice.</p><p>To be clear, universities already deliver education under strict and mature regulatory and funding arrangements. And because they're increasingly asked to deliver graduates in line with Australia's skills needs, based on advice from agencies including Jobs and Skills Australia, a ministerial intervention at the course level could have serious consequences for institutional autonomy, existing regulations and student choice.</p><p>Capping international student numbers altogether is one thing; setting them with respect to specific courses is another. It not only poses a serious threat to the operation of a vital sector; it sends a message of lust—I'm sorry, it sends a message of lack of trust in a free market that is the direct result of consecutive governments stepping back from funding. And I'm sure there are plenty of other markets lusting after our education sector!</p><p>Ultimately, surely the question we must ask is: why would we think, as much as we trust this education minister, that any education minister is best placed to make decisions like these? The fact there is no requirement for the minister to consult before issuing a notice to limit international students at a particular institution is also concerning. In addition to this, the rushed nature of these changes means that education providers are stepping into them blindly. Providers could soon negotiate international student caps on courses without even knowing what the guidelines, regulations or skills priorities will be and with no line of sight over the courses that may be subject to caps.</p><p>A large university in my electorate informed me that they have a major concern that these new measures have been introduced with little warning and, to date, little consultation, with the only effort they've seen coming just a few days before the bill was introduced to parliament. The government says they're committed to working closely with the sector, yet the fact the sector is concerned about the lack of consultation to date does not bode well.</p><p>Education providers tell me that managing international student enrolment numbers at a course level for approximately 1,400 higher education institutions will create an immense administrative burden for both the government and universities. They have explained how caps would limit student choice, which could be detrimental to the entire sector. Ultimately, our tertiary education providers operate in a global market and demand driven system, underpinned by student choice. Restrictions placed on student choice risk reputational damage and undermine the decades of work that both the sector and the consecutive governments have done to establish Australia as a world-class provider of international education.</p><p>It's clear there's more work to do on this legislation to ensure the right settings are in place to bring certainty, stability and growth to this critically important sector. Rather than let the major parties use this bill to target international students in a bid to slash migration in what can only be seen as a poll-driven war on the cost of living and housing, we have to do what's right by the sector. The future of this sector, our economic productivity and our society more broadly require us to take the passing of this legislation seriously. I commend this amendment to the House as a way of delivering a more targeted approach with measured ministerial powers rather than the extraordinary overreach currently in the bill.</p> <p class="speaker">Max Chandler-Mather</p><p>While there are a number of amendments from the crossbench to this bill that the Greens will be supporting, including this one, and that do improve the bill somewhat, for us this remains a terrible bill. We want to outline that the Greens oppose international student caps remaining in the bill in any form. Capping international student numbers is bad policy and it makes a dishonest conflation between international students, migration and the housing and cost-of-living crises. This will do nothing to fix our education policy or university sector or to help deal with the housing or cost-of-living crises.</p> <p class="speaker">Jason Clare</p><p>I thank the member for North Sydney for bringing forward this amendment. She's right: trust is important. And she raises an important issue here about the structure and operation of this bill specifically as it relates to courses. It's something about which I'm having discussions with stakeholders, both universities and those outside the university sector, at the moment. It's been part of the discussions that have been taking place since I introduced the bill in May of this year. It's important that we get this right. That's why that consultation is important. I am also looking forward to seeing what the Senate Education and Employment Committee has to say in its recommendations in response to some of the issues you have raised in your contribution just then. So, whilst we're not in a position to support the amendment today, I am looking forward to continuing that work with the sector, which I just pointed to, and with the crossbench, both here in the House and in the Senate, in the weeks ahead.</p> <p class="speaker">Milton Dick</p><p>The question before the House is that the amendments moved by the honourable member for North Sydney be agreed to.</p><p></p><p></p> -
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