Universities Australia believes this is rushed legislation, particularly the amendments that seek to control international student numbers, and is designed to deal with a political issue around migration ahead of the next Federal Election.

The legislative changes in the Bill are intended to underpin the Government’s draft International Education and Skills Strategic Framework (the draft Framework). It is premature to consider legislation to support a piece of work that is yet to be finalised. Legislative and policy changes of this significance require further consideration and development. While Universities Australia has had some opportunity to consult with the Department of Education on the draft Framework, we believe it needs serious changes and have recommended the Government defer implementing the framework out to 2026 and task a properly resourced and experienced Australian Tertiary Education Commission to manage growth for both domestic and international students in line with the recommendation in the Australian Universities Accord final report.

Student recruitment happens over a long period of time, and adjustments to the system will take more time than this Bill provides. More time for planning and implementation is needed than what the Government has proposed to avoid universities having to withdraw existing enrolment offers which would cause significant damage to Australia’s reputation as a world-class destination for international students and reduce the effectiveness of this powerful tool for soft diplomacy.

In our response to the draft Framework1, noting its correlation with the ESOS Bill, we have also recommended the Government categorise universities and TAFE institutions separately, set caps at the provider level only and include a sunset clause in the legislation for the removal of ministerial powers. These recommendations are reflected in this submission.

Universities Australia asks the Committee to consider our responses to the draft Framework as well as the critical importance of international education to our nation and the impact these measures would have on the operation of our universities. In addition to our draft Framework responses, we ask the Committee to consider the following recommendations which are outlined in further technical detail at Attachment A:

• undertake a thorough investigation of the possible unintended negative consequences that may occur before progressing the Bill
• include a sunset clause in the legislation for the removal of ministerial powers, acknowledging the future role of the Australian Tertiary Education Commission as an independent steward for the tertiary system
• categorise universities and TAFE institutions separately, noting existing regulations, to achieve sustainable, managed growth in international student enrolments
• set caps at the provider level only, removing the ministerial power to set caps at the course level
• apply a buffer, as opposed to a hard cap, for providers which inadvertently exceed their student enrolment limit to reduce the likelihood of automatic suspension
• require the Minister to consult and seek agreement before issuing an instrument or notice, and
• keep the current definition of ‘agent’ with the addition of ‘education’ to maintain its original intent and remove the requirement to report and publish education agent commission data.