Opinion: The Education Services for Overseas Students Amendment Bill 2024: A Misguided Approach?

 

Submissions to the Senate Education and Employment Legislation Committee Inquiry into the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 [Provisions] closed on 1 July. So far, 64 submissions have been published. 

 

From my experience, the practicalities of operating within the international education industry have not been sufficiently considered in drafting this legislation. This blunt oversight could lead to an additional layer of legislative compliance rather than improving the student experience. 

 

Education providers are allocated a specific number of international students. Imposing further caps on enrollments per course will add another layer of restriction, and with the current high visa refusal rate, the actual number of enrolled students will be even more limited.

 

If enrollment caps are imposed, the management of these caps must not become overly burdensome. This is especially critical given the Department of Education’s submission, which states, “Once a provider reaches its limit, the provider will not be able to issue any further confirmations of enrolment for the remainder of that calendar year and therefore will not exceed its enrolment limit.”

 

Managing enrolment caps through the confirmation of enrolment (eCoE) system is problematic and likely unworkable. An acceptance of an offer (i.e., an eCoE being issued) does not guarantee a visa will be granted, nor does it guarantee that the student will commence their studies. This means there will be eCoEs issued that never come to fruition. Furthermore, there’s been no assurance from the government that enrollment caps will ensure visa certainty, which is concerning given the lack of transparency in the visa grant process over the past year.

 

Both the Department of Home Affairs (DHA) and ASQA have expressed concerns about the capabilities of government systems to manage enrolment caps, with DHA indicating that significant development will be required. If the systems are unreliable, providers will spend substantial time disputing data accuracy with government departments.

 

Additionally, the impact of enrolment caps on students who do not complete their pathway program on time is concerning. The use of the eCoE adds complexity, as systems will show the student is due to start at the primary provider even after the student has failed to progress until the systems are updated. With pathways results often released close to the start of the semester, data accuracy will be an issue.

 

For instance, consider a student enrolled in an English language pathway program who fails to meet the required language proficiency by the end of the term. The eCoE system would still indicate their scheduled start at the primary provider, creating confusion and administrative burdens. This scenario is not uncommon and highlights the impracticality of the current proposal.

 

Another example may be where a student nearing the end of their degree might only need to complete one final project or course to graduate. Under the proposed enrolment caps, the university might be penalised for issuing an eCoE for a part-time student, despite this being in the best interest of the student’s academic progress.

 

Despite the ESOS Bill’s intention to ensure quality and integrity in the sector, its practical application raises significant concerns due to the inherent difficulties of managing enrollment caps, the need for exemptions, and the severe penalties of automatic suspension if the cap is exceeded.

 

With the government being advised by those who may lack an understanding of managing international student loads, it is hoped that the Senate Committee will consider the voices in the other submissions when it releases its report on 15 August.

 

In conclusion, if the goal is to enhance the quality and integrity of international education, more practical and informed measures need to be taken. Legislators must engage with industry experts and stakeholders to devise solutions that are both effective and workable in real-world scenarios. Only through such collaboration can we ensure that the international education sector thrives without unnecessary bureaucratic hurdles.

 

#InternationalEducation #ESOSBill #StudentEnrolment #EducationPolicy #HigherEducation #StudentVisas #LegislativeCompliance #EducationReform #StudentExperience #StudyAbroad #EducationSector #EnrolmentCaps #PathwayPrograms #HigherEdChallenges #EducationAdvocacy