The Universities Accord (Opening the Doors of Opportunity) Bill 2026 should be passed by the Senate, according to the Education and Employment Legislation Committee report released on Thursday. Once passed, the legislation gives the Australian Tertiary Education Commission (ATEC) responsibility for allocating international student places to higher education providers where the Minister determines an overall international allocation pool.
Submissions to the inquiry raised a broader range of concerns about the Bill, including the extent of Ministerial discretion, the role and independence of ATEC, transparency and consultation, and the operation of the proposed international student allocation framework. (TKN 100826).
In its consideration of the international education provisions, however, the Committee report focused primarily on concerns about whether allocations could extend to individual courses and the absence of external review of decisions affecting international students.
On the possibility of the Minister imposing course-level caps, during the inquiry Dr Damian Oliver, Acting First Assistant Secretary of the International and Research Division, said references to a “course of education” were included only to define the scope of the allocation pool and did not indicate an intention for the Minister to specify allocations for individual courses.
The report also notes that a number of submissions raised concerns that there is no provision for external review of decisions affecting international students, and that Ministerial decisions on the international allocation pool are exempt from parliamentary disallowance.
Despite these concerns, the Committee noted that the sector had been calling for ATEC to manage the distribution of international students and considered that the Bill directly responds to that feedback.
Coalition backs powers
The additional comments from Coalition Senators take an interesting position on the international student provisions. Rather than opposing the expanded Ministerial powers, they describe the move to a statutory framework for managing international student numbers as a “constructive change”.
They say the Bill would effectively move international education from an uncapped to a capped system, with significant powers for the Education Minister to influence both the overall number and distribution of international students.
Coalition Senators also make the broader political point that migration levels need to come down, arguing that “all major parties recognise” that net overseas migration is too high and that “international education must play its part”.
Against that, they describe the provisions as a “powerful and adaptable instrument for shaping international education” and say the capacity to manage both the scale and distribution of international students is a substantive benefit of the Bill. They do, however, argue that independent higher education providers should have the same consultation arrangements as Table A and Table B universities when international student allocations are being considered.
Their criticism is instead directed at the way international student numbers are currently being managed through the visa system. The additional comments point to evidence from universities expecting to fall well short of their 2026 allocations because of visa refusals and processing outcomes.
Coalition Senators argue that if the government wants to reduce international student numbers, it should set lower allocations and be upfront about it, rather than give providers an allocation they cannot reach because of visa outcomes.
Greens reject approach
The Australian Greens’ additional comments are, unsurprisingly, much more critical of the international student provisions. They argue that the Bill gives the Education Minister too much control over international student numbers, including the ability to set the international allocation pool without parliamentary disallowance and to direct ATEC on how places are distributed.
The Greens say this is another attempt to revive the approach taken in the unsuccessful Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024, describing the provisions as migration policy being pursued through education policy.
That is consistent with the position they took on the earlier ESOS Bill, where they strongly opposed the use of international student caps as a way of managing migration.
Their broader criticism is also familiar. The Greens argue that successive governments have treated international students as “political playthings and cash cows”, pointing to higher student visa charges and the use of that revenue to support the Universities Accord reforms.
They also reject the idea that international students should be treated as a number that can be turned up or down in response to broader migration pressures, saying students “are not a tap to turn on and off”.
Pocock wants limits on Ministerial powers
Senator David Pocock’s additional comments focus on putting some limits around the Ministerial powers in the Bill. He recommends that the Minister should be able to set transparent, system-wide matters for ATEC to consider, but not determine allocations for individual providers or particular courses.
Pocock also wants to stop the Minister directing ATEC to increase or reduce the allocation of a particular provider. He raises the issue of timing, recommending that the international allocation pool be set by 30 June in the year before it applies, giving providers more certainty about the number of students they can recruit.
Pocock also calls for an independent statutory review of the international student allocation framework, with the report tabled in Parliament and a Government response required within 30 days.
And, like a number of submissions to the inquiry, he takes issue with the allocation pool being exempt from parliamentary disallowance. He recommends that both the initial determination and any material changes to it be disallowable, published promptly and accompanied by a clear explanation of their basis.
The Bill is expected to return to the Senate when Parliament next sits later this month. Despite the range of concerns raised through the inquiry and additional comments, the Committee’s recommendation gives little indication that significant changes to the international student provisions are likely.
