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Australia’s ESOS bill advances to Senate

Australia's ESOS bill has passed the House of Representatives, despite concerns over its unprecedented government intervention into the sector and insufficient research.
August 15 2024
3 Min Read

The Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 has been passed through the lower house with the support of both major parties and is now with the Senate for consideration.

Members of parliament had debated the bill, with some raising a number of concerns and therefore proposing amendments.

The government supported only one amendment, which impacts the part of the bill concerning a cap on international enrolments.

It was Monique Ryan, federal member for Kooyong, who moved for the amendment that would see an “independent review on the impact of the impact of enrolment limits on providers on net overseas migration and on the quality of education offered to our local and international students”, which would be produced in the first half of 2026.

“Rather than a knee-jerk reaction to an important industry, in response to a temporary overshoot on immigration which is of successive governments’ making, this country needs mature and nuanced policymaking on housing, on immigration and on education,” said Ryan, speaking in the House of Representatives.

Without adequate research, Ryan said the government risks seeing institutions fail, skills and labour shortages worsen, universities’ international rankings tumble, causing the country’s academic reputation to tank and the economy to suffer.

“I’ve said consistently throughout the debate that I’m very keen to work with the sector to make sure that we get the design of this legislation right,” said minister for education Jason Clare in response to Ryan.

“Once implemented, it’s important that we monitor the impact of the legislation and how the reforms are working and operating,” he said, before agreeing to the amendment.

Meanwhile, federal member for North Sydney Kylea Tink warned of “government overreach” in the bill’s policy approach.

“If implemented, the new ministerial powers to unilaterally limit enrolments across entire sectors, institutions, courses and location create an unprecedented level of government intervention in what is currently and essentially a free enterprise sector.”

The Group of Eight said it agreed with Tink’s arguement and described the parts of the bill that give the minister of the day the power to apply caps on international student enrolments at universities, down to the course level as “draconian, interventionist and amount to economic vandalism”.

It saddens me that only the crossbench and Greens had both the understanding and integrity to reject this appalling piece of legislation

Ian Pratt, Lexis English

Clare said he is having continuous discussions with stakeholders, including universities, about the structure and operation of the bill as it relates to courses, and sought to assure members of his emphasis on sector consultation – a factor many have been previously disappointed in.

The news of the bill being passed to senate caused some individual stakeholders to take to social media to voice disappointment in the progression of the bill which has been widely criticised, including in a recent Senate hearing, of which another is due at the end of the month.

“It saddens me that only the crossbench and Greens had both the understanding and integrity to reject this appalling piece of legislation for what it is – a thinly veiled anti-migration bill designed entirely for the upcoming federal election” wrote Ian Pratt, managing director at Lexis English in a LinkedIn post.

“Thank you nonetheless for these members who acted in support of the international education sector and the students it serves,” continued Pratt.

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