Following four public hearings and some minor delays, the Senate Committee report has been tabled, with its recommendation that the Bill be passed, while recommending some tweaks to the proposed legislation.
The report from the Education and Employment Legislation Committee read: “The Committee acknowledges the concerns raised by some education providers, particularly larger universities, regarding the proposed enrolment and course limits for international students, as well as the proposed automatic suspension and cancellation of courses that do not align with Australia’s skills needs.
“However, the Committee recognises that the international education sector must be managed in a way that allows it to grow sustainably over time, delivers the greatest benefit to Australia, and maintains its social license from the Australian people.”
The report goes on to recommend that the course-level limits be scrapped for public institutions and a handful of private universities, with institutional-wide caps only implemented for these institutions.
“The committee recommends that the bill be amended to remove the ability for the Minister to set course-level limits for Table A and B universities and TAFE providers,” clarified the report.
Private vocational providers can therefore expect to receive cap allocations for course as well as total enrolment.
No date of implementation was mentioned in the recommendations therefore The PIE believes the originally mooted date of January 2025 will stand but is seeking clarification.
The Committee recognises that the international education sector must be managed in a way that allows it to grow sustainably over time
Senate Committee report
Final cap numbers are likely to require further consultation too with the Committee recommending that the Bill be amended to require the Minister to consult ESOS agencies and Immigration Minister before setting limits.
According to the Committee’s recommendations, the instalment of a national cap system should mean that Ministerial Direction 107 is scrapped.
Ministerial Direction 107 – the framework which gives priority to students applying to low-risk institutions meaning their visas will be processed faster – has plagued the sector, with stakeholders expressing concerns it has undermined efforts to diversify, while creating significant financial anxiety and pain for universities.
Education minister Jason Clare previously said the directive has been “throttling the system” and noted a cap on international enrolments would be a “better mechanism”.
In its report, the Committee goes on to recommend that the Bill be amended to exempt specific classes of students, including by citizenship, from enrolment limits in instruments and notices, but further details on what this would entail are unknown.
A dissenting – and scathing – report from the Greens has also been produced, as well as comments from individual senators who do not agree with the Committee’s recommendations.
The Greens strongly recommend the Bill not be passed unless Part 7 and 8 of the Bill are removed, which relate to new ministerial powers granted to limit enrolments of overseas students by provider, course, location.
The dissenting report goes on to recommend that the government withdraw the Bill, suggesting it goes “back to the drawing board and properly consult with the tertiary education sector to develop a plan which is sustainable rather than a rushed reckless migration policy”.
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