Australia

The Australian Government Will Declare Cap of International Students Enrolment for Education Providers

June 3, 2024

Over the weekend, the Australian government declared that they would introduce legislation this week to help promote the viability and integrity of the foreign education industry. The legislative package is the next stage in achieving the goals of the government's migration strategy, according to a media release issued on May 11, 2024.

Jason Clare, the Minister of Education, will be able to restrict the quantity of new international enrolments that Australian providers can accept, thanks to the proposed legislation. A "soft cap," as the Australian tabloid put it, is more beneficial than the other option of a rigid limitation on student numbers. The clause that permits providers to hire more people than the cap limit if they create an extra, new supply of customized student lodging that benefits domestic as well as international learners while easing the strain on the rental market is what gives the cap model its softness, or flexibility.

The proposed legislation will implement number of other regulations, some of those have already been proposed by the administration, besides to the enrolment cap. In particular:

●    Shareholder roles in education agencies willnot be permitted for education providers

●    Both the approval of new courses proposed bycurrently registered providers and the registration of new internationaleducation providers will be suspended for a maximum of 12 months.

●    A demonstrated history of excellenteducational provision for local learners prior to when they are allowed torecruit international students is a prerequisite for institutions or schoolslooking to become registered as international education providers

●    Registrations for dormant providers will be cancelled

●    Registered providers who are the subject of a regulatory inquiry, cannot enrol new overseas students

●    Additional information about education agents will be shared, and commissions from agents on onshore transfers of students will not be allowed

Now there are various reactions coming in from stakeholders in the field. While some believe that they have worked incredibly hard to take the Australian education sector to where it is today, and they are completely ready to work with the government and provide more integrity to the sector. While others believe that this will only stifle the already spiraling department, as the visa fee and minimum requirement of funds have already increased, this will further deter the students from choosing Australia.

The draft of the International Education and Skills Strategic Framework was also released over the weekend by Ministers Jason Clare, Brendan O'Connor, and Clare O'Neil, who are jointly responsible for education, skills, and training. Setting the basis for a public-private discussion on how to carry out these fresh regulations and other longer-term initiatives in Australia's foreign education sector, the Framework provides further details on each of the pending legislation's components as mentioned above.

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