The Universities Accord (Opening the Doors of Opportunity) Bill 2026 has passed both Houses of Parliament, with the Government agreeing to Greens amendments, including one affecting ministerial powers over international student allocations.
The legislation establishes the framework for the Australian Tertiary Education Commission (ATEC) to manage domestic Commonwealth supported places and allocate international student places to higher education providers. It also introduces needs-based funding and mission-based compacts.
The Senate passed the Bill on Monday with 43 amendments, including the changes previously negotiated between the Greens and the Government. The House of Representatives accepted all but one of the Senate amendments, replacing it with an identical amendment for procedural reasons. The Senate agreed to the replacement amendment on Tuesday, completing the Bill’s passage through Parliament.
One of the Greens amendments changed the wording of the international student allocation provisions from “a course” to “courses”. The change is intended to clarify that the Minister’s power is to determine the overall international student allocation pool, rather than set limits for individual courses or providers.
Other Greens amendments remove the Minister’s power to restrict Commonwealth supported places in particular courses, allow domestic enrolments to exceed allocations by up to five per cent, bring forward the deadline for determining the domestic allocation pool to 1 June, and require ATEC to publish a summary of the factors considered in allocating domestic student places.
Speaking about the international student allocation amendment, Green’s Senator Mehreen Faruqi criticised the Government’s approach.
“The Albanese government has tried again and again to use education policy as migration policy and has failed again and again,” she said.
“Migration policy does not belong in an education bill. International students are not cash cows and, now, scapegoats.”
The Coalition opposed the international student allocation amendment, with Senator Matt O’Sullivan arguing that the Bill’s migration powers should not be eroded.
“We do not think that this amendment has any real effect as a matter of interpretation,” he said, but added that it sent a signal on migration policy the Coalition did not support.
The Government also opposed a Coalition amendment that would have required consultation with independent higher education providers on international student allocations. The amendment was defeated, leaving the Bill’s consultation requirements applying to Table A and Table B providers but not independent higher education providers.
Independent Senator David Pocock also unsuccessfully sought further limits on ministerial powers, including additional parliamentary oversight of international student allocation determinations.
Universities Australia welcomed the Bill’s passage.
“The Bill lays the foundations for expanding university opportunity, but delivering on that ambition will require ongoing and expanded funding for growth in places,” said Chief Executive Officer Luke Sheehy.
The Bill now awaits Royal Assent.
