Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024

The majority voted in favour of a motion to agree with the main idea of the bill. In other words, they voted to read it for a second time and can now consider it in greater detail.

What is the bill's main idea?

According to the bills digest, which is a document prepared by the parliamentary library:

The Bill is comprised of one schedule with eight parts:

Part 1 introduces new considerations for Education Services for Overseas Students (ESOS) agencies (see background section) in determining whether a provider is fit and proper, such as if they control or own, or are controlled or owned, by an education agent or associate. The provisions in Part 1 will also require providers to give information about ‘education agent commissions’ (defined in the Bill) upon request from the Secretary of the Department of Education (the Secretary), who in turn will have the power to give information to providers on student transfers by and commissions made to specific education agents (Part 2).

Part 3 will provide the Minister for Education (the Minister) the power to determine, via legislative instruments, how initial applications for the registration of providers, and for registration of courses by registered providers, are to be managed by ESOS agencies. It also allows the Minister to pause the registration of new providers and new courses by registered providers.

Part 4 will require providers to deliver one or more courses exclusively to domestic students for two consecutive years to be eligible to apply for registration under the ESOS Act. Providers that are listed in Table A of the Higher Education Support Act 2003 and providers that are seeking registration as standalone English Language Intensive Courses for Overseas Students providers or standalone Foundation Program providers will be exempt from the new registration requirement.

Part 5 will enable the automatic cancellation of a provider’s registration under the ESOS Act where a course has not been delivered to overseas students in a period of 12 consecutive months.

Part 6 provides for the automatic suspension of a provider’s registration when an ESOS agency or designated State authority determines that a provider does not meet the fit and proper test because it is under investigation for a specified offence.

Parts 7 and 8 introduce new Ministerial powers to regulate the provision of education to overseas students. They include allowing the Minister, via legislative instrument and with the agreement of the Minister responsible for Vocational Education and Training (VET) to:

• limit the enrolments of overseas students by provider, course or location, over a year

• automatically suspend and cancel specified courses on the basis of systemic issues, their value to Australia’s skills and training needs and priorities, or if it is in the public interest