13th Aug 2024, 5:18 PM – Representatives Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 - Consideration in Detail - Cap at provider level only

The majority voted against an amendment introduced by North Sydney MP Kylea Tink, which means it failed.

Ms Tink explained that:

The amendment I'm moving seeks to remove the ministerial power to set caps at the course level, instead allowing for caps at the provider level only. The reason I believe this amendment is required is that ministerial intervention at the course level is a dangerous overreach that would have serious consequences for institutional autonomy, existing regulations and student choice.

Amendment text

(1) Schedule 1, item 45, page 23 (lines 6 to 10), omit the definition of course enrolment limit in section 5.

(2) Schedule 1, item 46, page 23 (lines 16 to 26), omit the item, substitute:

46 Section 15A (after the paragraph beginning "Division 1 contains")

Insert:

The Minister may determine under Division 1AA a limit (called the total enrolment limit) on the number of overseas students that may be enrolled in all courses provided by a provider in a year. A provider must not exceed its total enrolment limit for a year.

(3) Schedule 1, item 47, page 29 (line 11) to page 34 (line 8), omit Subdivision C.

(4) Schedule 1, item 48, page 34 (lines 9 to 18), omit the item, substitute:

48 Section 83A (after the paragraph beginning "The ESOS agency")

Insert:

Division 1AA provides for automatic suspension of a provider’s registration for all courses in relation to a year if the provider exceeds its total enrolment limit for the year.

(5) Schedule 1, item 49, page 36 (line 4) to page 37 (line 20), omit section 96A.

(6) Schedule 1, item 50, page 37 (table item 13), omit the table item.

(7) Schedule 1, item 51, page 38 (line 5), omit "or 96A(6)".

(8) Schedule 1, item 53, page 40 (lines 3 to 33), omit subitems (4) and (5).