The Law Council of Australia said today that the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 needs further revision if it is to effectively achieve its specified goals.
Appearing before the Senate Education and Employment Committee, the Law Council raised concerns regarding some of the amendments proposed by the Bill.
"Our concerns centre on the risk these amendments pose to Australia's attractiveness as a study destination of choice for international students, which can harm our economy not just in terms of export dollars, but also the strength and depth of our local skills base," Law Council of Australia President, Mr Greg McIntyre SC said.
"International students are an important part of our migration system, contributing their skills to local economies in Australia and engaging in discretionary spending while they live in and learn from Australia.
"They also currently play a critical role in ensuring the viability of our universities and that these institutions are accessible to domestic students. "We are concerned this Bill will lead to higher refusal rates for international students and force them to explore other options for their study needs.
"While we support measures that will improve the quality, integrity and sustainable growth of the international education sector, the Law Council has cautioned against over-correction in order to address other areas of policy tension, such as housing and migration levels.
"Of particular concern is the potential for this Bill to lead to sudden and unexpected cancellations of a course or suspension of an education provider, which would then impact an enrolled student's visa eligibility.
"In addition, the draft powers to place caps on international student enrolment numbers are likely to impede the ability of providers to meet market demands, to freely conduct their business, and to make appropriate commercial decisions.
"The Law Council has recommended providing opportunities for exemption from caps on certain grounds. This would give the tertiary education sector more flexibility to respond to changing market conditions.
"We also highlighted the need for regulation responses to be proportionate and provisions for the cancellation of registration to be underpinned by the principle of procedural fairness, including an opportunity to seek review of any adverse decisions."
