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Home News Policy

Senate hearing on the ESOS Bill: Here’s what happened

Dirk MulderbyDirk Mulder
August 6, 2024
in Policy
Senate hearing on the ESOS Bill: Here’s what happened
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The Koala broke out the popcorn to watch today’s Senate hearing on the ESOS Amendment Bill. For this international education enthusiast, it was better (and perhaps more drama in places) than an afternoon episode of Days of Our Lives.

Session 1, Panel 1:

Group of Eight (Submission 40), Ms Vicki Thomson, Chief Executive and Director

Regional Universities Network (Submission 24), Mr Alec Webb, Chief Executive Officer

Universities Australia (Submission 19), Mr Luke Sheehy, Chief Executive Officer

Congratulations to each of the panel members for a stellar performance. Each was clear in outlining the importance of International education to their constituent bases and the country more generally. What became clear from this session is the interrelationship between international student funding and how important it is in supporting the work of the University sector across the board with special mentions of research undertakings.

The Koala especially liked the quote from Alec Webb in his opening comments: “If our global competitors were to design a Bill that undermines the jobs, reputation, competitiveness, and the global market share built up by Australia’s higher education sector, it would be this Bill.”

Session 2, Panel 2

Independent Higher Education Australia (Submission 13), Hon Dr Peter Hendy, Chief Executive Officer, Dr James Hart, Policy and Research Manager

Independent Tertiary Education Council Australia (Submission 60), Mr Felix Pirie, Deputy Chief Executive, Policy and Research

Another great session with the panel also pushing back on caps.

Felix Pirie was articulate in pointing out to the committee the difference between students and enrolments and how students may have more than one enrolment in a year, and this in itself would “make the entire concept of limits on enrolments fall apart”.

Peter Hendy stating there has been minimal consultation with government on caps. The AFR article was discussed regarding the suggested 40 per cent cap regime. This wouldn’t work for private institutions that teach predominantly international students and receive no taxpayer subsidies and would be an “existential threat”. He hopes consultation will take place. The Koala believes this is a space to watch closely.

Session 3

National Tertiary Education Union (via videoconference) (Submission 31), Dr Terri MacDonald, Director, Public Policy and Strategic Research

It was interesting to hear from the NTEU. It was a session where issues highlighted included ELICOS and support for students.

Senator Henderson pointed out that changes have hit regional universities particularly hard. The response highlighted the Ministerial Direction 107 and how regional universities have been hit hardest through this process.

Senator Faruqi was keen to look at sections 7 and 8 of the bill with the NTEU supporting the fact that the powers given to the minister may be misused citing the opposition leaders comments around migration. The desire to curb migration and international students have been mentioned in that. “It does give me some concern because this would be a perfect mechanism for them to do that.” The NTEU representative said.

Session 4, Panel 3

Australian Chamber of Commerce and Industry (Submission 36), Dr Jodie Trembath, Director of Skills, Employment and Small Business

Business Council of Australia (via videoconference) (Submission 20), Ms Wendy Black, Executive Director, Policy

Jodie Trembath of ACCI started out by supporting the intent of the bill increasing integrity, but quickly turned to concerns about the bill. That the caps will not enhance quality or integrity and will harm legitimate providers’ economic activity. This will lead to job losses, cause damage to genuine providers and tarnish Australia’s reputation as a welcoming place for international students.

Wendy Black of BCA spoke about the housing crisis and outlined the issues of the creation and not blaming international students.

Henderson asked about capping courses, which she infers would limit providers’ flexibility. BCA believes this is impractical with over 26,000 courses that the Minister would need to decide on. BCA states there are other issues too. Wendy Black talked about the potential creation of a misalignment about what students want to learn and perhaps take back to their own country vis a vis what the minister may want to suit Australian skills gaps and what is in the national interest. It was an astute observation.

Session 5

National Union of Students, Ms Ngaire Bogemann, National President, Mr Janageeth Logeswaran, Student President, Flinders University Student Association

As a former President of a student union himself, the Koala was tickled pick at the performance of the two students. Ngaire from the NUS was articulate and understood the issues well. Jana from Flinders was the only international student to appear throughout the day – a point he made well. His story and understanding of the student issues faced at present was inspiring. The quote that stood out was, “If I applied today, I might not get in. That’s what I am hearing from students.” It was powerful.

He also made the valid point that students talk. “This is very much word of mouth” he said. Senator Faruqi joined in, “That’s why I came to study in Australia. My father was a Colombo plan scholar and told me Australia is a good country to study in.”

It’s a wonderful reminder of the soft power of international education.

Session 6, Panel 4

Australian National University (Submission 62), Professor Genevieve Bell AO, Vice-Chancellor and President

Monash University (Submission 23), Professor Sharon Pickering, Vice-Chancellor and President

University of Melbourne (Submission 46), Professor Duncan Maskell, Vice-Chancellor

University of Tasmania, Professor Rufus Black, Vice-Chancellor and President

It was nice to see the Vice Chancellors speak to international education specifically. ANU, Monash and UniMelb appeared to be on the same sheet cautioning the implementation of caps based on the impact they would have on the sector and the implementation issues that it would cause with offers out for Feb, 2025 and acceptances rolling in. Furthermore, the similarities between institutions may be evident but the differences should also be recognised, this isn’t a bad thing, it’s about services local communities and having expertise in niche areas.

Senator Henderson was keen for data, with many of the requests needing to be taken on notice. Monash VC Sharon Pickering was eloquent in her responses and clear in her communications, ANU VC Genevieve Bell AO, equally so. ANU’s model of housing and investment in housing over recent years was provided a special mention, though it would appear if the current legislation went ahead in its current form that, there wouldn’t be any addition to caps for them – sigh. If discussions on the size and composition of international students at universities were to be had, an alternate mechanism can and should be via the compacts discussion. A point well made by Pickering.

Rufus Black, VC at UTas appeared to be the odd one out. He appeared to support the legislation and, if not fully supportive, very supportive of the notion that a managed approach to the distribution of international students was a positive step. The Koala received several SMS notifications as he was speaking from colleagues asking what he was doing as he didn’t appear on the same hymn sheet or even the same church book as the others.

Session 7, Panel 5

Charles Darwin University (via videoconference) (Submission 8), Professor Scott Bowman AO, Vice-Chancellor and President

University of Adelaide and University of South Australia (Submission 30), Professor Jennie Shaw, Deputy-Vice Chancellor and Vice-President (Academic), University of Adelaide, Professor Jessica Gallagher, Deputy-Vice Chancellor (External Engagement), University of Adelaide (via videoconference), Ms Gabrielle Rolan, Pro Vice Chancellor: International, University of South Australia, (via videoconference)

University of Queensland (via videoconference) (Submission 18), Professor Deborah Terry AC, Vice-Chancellor and President, Dr Clare Hourigan, Director of Planning and Business Intelligence

More VC’s and more differentiation. CDU VC Scott Bowman, though suffering from IT issues got the message through clearly just how important international students are for the Territory. Socially, culturally, as a workforce and generally. He has long been an advocate of International Education and speaks well on the topic.

Adelaide and UniSA spoke well around SA’s unique position too. Unlike many through covid, SA grew – “students stuck by us” was the quote. The merger of UAdelaide and UniSA adds complexity if this legislation passes and was well noted by the committee.

UQ VC Deb Terry also discussed the compact option, which could be a good option for continuing discussions on the size and composition of international cohorts.

Session 8

Law Council of Australia (Submission 61), Ms Carina Ford, Chair, Migration Law Committee, Ms Lena Hung, Member, Migration Law Committee, Ms Jessica Neal, Senior Policy Lawyer

As possibly expected the Law Council doubled down on their views around increasing regulation of agents, noting it would come as an expense. Much of their session was devoted to increasing integrity and consumer protections.

The Koala left this session not really knowing what the senate members may do/recommend in this space.

Session 9

Department of Home Affairs (Submission 3), Ms Tara Cavanagh, Group Manager, Immigration Policy, Immigration Group, Mr Damien Kilner, First Assistant Secretary, Immigration Programs Division, Immigration Group

The Koala ensured a refill of the popcorn for this session and it didn’t disappoint. Senator Henderson rolled up the sleeves and, at times, was slightly hard to watch. She was fair, but direct. Que more text messages with one learned reader signalling he may now have a crush on the Senator.

Why? She asked the hard questions, and DHA didn’t do themselves any favours by either attempting to skirt the question or not addressing the question head on. Henderson didn’t hold back.

Senator Pocock also appeared somewhat miffed asking about the relationship between DOH and Dept of Ed around planning. The response lacked detailed with the Senator saying he was really concerned around the lack of strategy between the two departments.

Many questions were taken on notice, including requests for data, some of which were quite basic in nature.

The Koala doesn’t think we’ve seen the end of this discussion and when the DOH representatives kicked the can the way of Treasury for modelling on the NOM… Senator Faruqi said “well, we can get them along.”

This must mean there will be a second day of sessions.

In summary, 98 per cent of witnesses at the committee hearing panned the legislation so while it may not be dead the Koala was certainly left with the view it will not pass in its current form.

Time will tell.

The Senate committee was made up of:

Senator Tony Sheldon Australian Labor Party, NSW

Senator Matt O’Sullivan Liberal Party of Australia, WA

Senator Mehreen Faruqi Australian Greens, NSW

Senator Sarah Henderson

Senator Slade Brockman

Senator David Pockcock

Senator Lisa Darmanin

The full recording of the hearing can be found here.

Tags: ESOSGovernment Policy
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Senate hearings are underway today on ESOS Bill but there are some notable omissions

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Senate hearing on the ESOS Bill: in their own words

Dirk Mulder

Dirk Mulder

Dirk Mulder is the founder of the Koala and Principal of MulderPR, a strategy and marketing communications consultancy specialising in international education. Dirk has had extensive experience in International Education and Service Management, holding Directorships at the University of South Australia, Curtin University and Murdoch University as well the Lead for International Student Initiative across the Asia Pacific region at Allianz Partners. He has been member of the boards of Perth Education City (now Study Perth) and Education Adelaide, he has chaired the Universities of Perth International Directors Forum and has been a past board member of the Hawkesbury Alumni Chapter, his alma mater. His views are widely published and quoted across the media and has been seen in Campus Morning Mail, the Australian Financial Review and ABC television and online. Acknowledgement/disclosure: Dirk holds shares in and outside of the education sector including in IDP Education.

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Senate hearing on the ESOS Bill: in their own words

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