The Education and Employment Legislation Committee’s approval of the ESOS Amendment Bill, set to cap student numbers under the government’s proposed National Planning Level, has sparked heightened concerns over its implementation timeline, among other factors.
Key stakeholders are intensifying calls for the Bill to be scrapped entirely following the report, which largely supported the Bill, although suggested minor tweaks.
“The Senate Committee is clearly split,” said Group of Eight chief executive Vicki Thomson.
“Despite compelling evidence from across the spectrum that capping international students will be a disaster on all fronts, the government seems determined to push on and ignore the expert advice.
Included in the 205-page report were separate findings from the Coalition and independent Senator David Pocock that were more critical of the Bill and a scathing dissenting report from the Greens.
However, with Labor holding the Chair position and the majority of seats on the Committee, the primary report largely reflected the views of the party’s Senators.
Thomson commented: “The Coalition described the government’s caps scheme as ‘mired in incompetence, secrecy, uncertainty and unfairness’. The Greens say it’s a chaotic plan that uses international students as scapegoats, and fortunately Senator David Pocock has recognised and called out the threat to Australia’s research effort.”
The Committee’s recommendations, if accepted, would see some changes to the Bill, including course-level limits scrapped for public institutions and a handful of private universities, with institution-wide caps only implemented for these providers.
However, private vocational providers can therefore expect to receive cap allocations for course as well as total enrolments.
Other recommendations include removing Ministerial Direction 107 – a move education minister Jason Clare had already promised the sector.
The report also recommends that the government give notice of enrolment limits on July 1 of each year rather than September 1.
However, according to Thomson, “nothing the Committee has recommended by way of amendments will change the fact that a blunt cap on international students will destroy Australia’s $50 billion international education sector and have long lasting impacts on the economy.
“To add to the chaotic and frenetic nature of this fundamentally flawed policy, the delay in the introduction of the legislation is creating even more confusion for the sector,” she continued.
“No other multibillion dollar industry sector would be expected to set budgets for the next 12 months in a context of great uncertainty about a future revenue stream. Universities are effectively being held to ransom by a political play around migration ahead of an election.
It’s in the best interests of the nation that this piece of legislation is delayed indefinitely, or better still scrapped altogether
Vicki Thomson, Group of Eight
“It’s in the best interests of the nation that this piece of legislation is delayed indefinitely, or better still scrapped altogether.”
Writing on LinkedIn, English Australia CEO Ian Aird made clear English Australia’s opposition to the Bill as it is drafted.
Aird maintains the Bill has been “drafted on the run, without meaningful consultation of those impacted, without consideration of its economic impact or the jobs it will cost and without concern for students”.
The national peak body for the English language sector maintains its position that the Bill, while claiming to be about quality and integrity, “does nothing to require, encourage or incentivise quality”.
Aird commented: “While parts one to six may intend to help, the government’s complete failure to listen to the sector has meant the design and drafting of these provisions are seriously flawed and will hurt far more than they will help.”
But Aird believes that parts seven and eight of the Bill, which introduce the new Ministerial capping powers, will “significantly damage the sector, cost thousands of Australians their jobs, cost the economy billions in export earnings, deter investment in quality, and hurt students – domestic and international”.
“As the pre-emptive implementation process has demonstrated to date, the government’s desperate rush to get this Bill through before the election has demonstrated that the flawed design has led to the enrolment limits having no connection whatsoever quality, integrity or the government’s other excuse for pushing the Bill through – accommodation.”
Next steps will see the Bill debated by the Senate, but concerned stakeholders may have to wait until late November for this.
Aird commented: “It seems there will be a month before the Bill is debated and voted on. English Australia will continue to voice the views of our members and call for sensible amendments and a change in direction from government.”
In light of the Committee’s report, Troy Williams, ITECA chief executive, highlighted the “disastrous” impact it will have on independent skills training and higher education providers, as well as Australia’s reputation as a welcoming destination for international students.
“It was great to see the federal Opposition, the Australian Greens, and cross-bench senators acknowledge the concerns of ITECA members in the report. Sadly, Australian government Senators have put politics before good policy and ignored this crucial issue,” said Williams.
“Despite the strong evidence provided to Senators by quality RTOs and higher education providers about the damage the proposed legislation will do to their institutions, the Australian government looks set to proceed with a cavalier disregard for the employees in the sector that will lose their jobs.”
ITECA has endorsed the recommendations of the Australian Greens, calling on the Australian government to withdraw the current Bill and begin a comprehensive consultation process with the tertiary education sector.
“The aim would be to develop a sustainable plan that supports the integrity of Australia’s migration and education systems, rather than pursuing what is rushed and reckless migration policy,” said Williams.
In response to the ongoing concerns, ITECA has entered into crisis talks with its members, departmental officials, states and territory governments, and stakeholders from the skills training and higher education sectors.
“These discussions seek to chart a path forward that mitigates the impact of the Bill on high-quality providers and their employees, ensuring that Australia’s international education system remains competitive and reputable,” it said.
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