Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024
2 August 2024
On 9 July 2024, the Law Council provided a submission to the Senate Standing Committee on Education and Employment regarding the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024. The Law Council supported the intention of the Bill, but provided its submission with emphasis on observing principles of procedural fairness, and with regard for the impact on international students and their migration status when studying in Australia on a visa. In addition to specific comments on the provisions of the Bill, the Law Council made the following overarching comments:
- It may not be appropriate for the Government to dictate what courses should be provided for international students when held against the contribution of those courses to Australia’s skilled workforce needs. This is particularly so given students may have an interest in studying courses that also benefit them on return to their home country.
- Onshore and offshore education agents should be regulated through a register system, which would give them the opportunity to implement a more comprehensive redress system for international students to make complaints about particular education agents.
- The Government should introduce complementary amendments to the Migration Regulations to provide a grace period for student visa applicants and student visa holders to enrol in another course if their extant enrolment is cancelled due to the suspension of their provider’s registration.
- The proposed ban on education agent commissions through amendments to the National Code should be revised and, instead, limits should be placed on the commission fees that can be charged by education agents.
- The Government should also consider pursuing increased transparency by implementing an obligation to disclose commission payments to international student clients.
The Law Council’s submission garnered media attention through an exclusive article in the Australian, which was published on 23 July 2024. A copy of the Australian article can be accessed here: 'Law Council raises concerns over caps on foreign intake'.
Last Updated on 14/11/2024