After an analysis of government policy relevant to international education from 1966 to 2023 they found only four items of legislation where welfare was alluded to in the expressed intention of the legislation.

This is despite the fact that welfare has been what the researchers called a “well-documented policy concern”. They said it represents a form of “policy inaction”.

Conducted by Gaby Ramia, professor of policy and society from The University of Sydney, Matt Brett of Deakin University and Professor Julia Horne of The University of Sydney, the findings were presented at the Australian Social Policy Conference 2023 on September 13.

“These findings lead us to conclude that the regulatory framework for international student welfare does not give sufficient attention to these matters,” Ramia told The PIE News.

“It is not sufficient to require institutions to provide information on how students can look after themselves. We need to update our regulatory frameworks to better recognise the rights of international students and the positive contributions that make to Australian society,” he continued.

Researchers examined policy relevant to international education from 1966 to 2023 and identified every item of legislation that made or amended regulation of the education of international students – close to 100 items.

The researchers also examined the second reading speeches of each item of legislation to understand the government’s intent.

Within this legislative intent they looked for references to visa integrity, tuition protection and student welfare.

Given different regulatory regimes across time, the researchers segmented legislation into three categories: a fee co-contribution model, provider regulation, and advanced provider regulation with enforceable code.

“The regulatory framework for international student welfare does not give sufficient attention”

Across these legislation categories they found only four items of legislation where welfare was alluded to in the expressed intention of the legislation, this coinciding with a narrow period of troubling violence against international students between 2009 and 2015.

The researchers said that the periods from 1979 to 2009, and 2015 to the present, where welfare has been a well-documented policy concern represents a pattern of non-intervention to a policy issue.

 “Some concrete examples of what the government could do include considering the support needs of international students in the policy development process,” Ramia said.

He noted that proposed guidelines for institutions to develop student support policies are “silent on the specific needs of international students”.

“Productivity Commission recommendations that tertiary providers have a mental health strategy should be a regulatory requirement, and include specific expectations around the mental health of international students. In a separate paper, we find only three universities have a public mental health strategy that have substantive content relevant to international students,” he added.

A spokesperson from the Australian Department of Education told The PIE that the Australian Government takes international students’ safety and welfare seriously, and it is a primary consideration when looking at amendments to the Education Services for Overseas Students legislative framework.

“Education providers have responsibilities to international students to support their health, wellbeing and adjustment to living in Australia.

“The Higher Education Support Act 2003, the Higher Education Standards Framework (Threshold Standards) 2021 and the Education Services for Overseas Students Act 2000 ensure student safety and wellbeing is considered by institutions,” the spokesperson said.

The spokesperson said that the ESOS Act and its related legislation has a specific focus to protect and enhance Australia’s reputation for quality education, provide tuition protection and support the integrity of the student visa program.

“The ESOS Act establishes the regulated requirements and standards for education and training providers offering Commonwealth Register of Institutions and Courses for Overseas Students registered courses to Student visa holders,” the spokesperson explained.

“Amendments were made to the National Code in 2018 to address the particular vulnerabilities international students face in terms of safety and welfare,” they added.

“Education providers have responsibilities to international students to support their health”

According to the spokesperson these changes require providers to offer reasonable support to students to enable them to achieve expected learning outcomes, regardless of their mode of study and to provide students with information about their work rights and how to seek support for workplace issues.

They also provide information about support services to assist overseas students in adjusting to study and life in Australia and resolve any issues that arise, record and manage critical incidents that significantly impact on student safety and wellbeing, and take all reasonable steps to provide a safe environment on campus.

The spokesperson said that stronger safeguards for students aged under 18 were also introduced, requiring providers to regularly check on students’ accommodation and welfare arrangements.

It also requires them to have specific policies for selecting, screening and monitoring third party arrangements and provide information on who to contact in emergency situations and how to report actual or suspected abuse.

Providers also have a specific critical incident policy for underage students, and a duty to ensure there is no gap in welfare arrangements where an under 18 student transfers between providers.