The Law Council is supportive of the inclusion of onshore and offshore education agents in the changes at item 4 of the Bill to the definition of ‘education agent’ via an activity-based formulation. [...] We note that Item 44 provides that the amendments to section 7A introduced by Item 43 apply regardless of whether the conduct constituting the alleged offence occurred before, on, or after the commencement of the amendment in relation to: (a) applications for registration made on or after the commencement of the amendment; and (b) applications for registration made before the commencement of the a. [...] We acknowledge that the intention of this amendment is to increase transparency around the operation of education agents and to strengthen the ability of the relevant regulator to give information to registered providers about education agents.27 However, this may be a cumbersome approach to data collection and transparency in the sector. [...] In particular, proposed subsection 26B(6) would allow the Minister to specify a class of providers by reference to any matter, including, but not limited to, any of the following: (a) the kind of provider; (b) the kind of courses provided by the provider; (c) the location of courses provided by the provider; (d) other circumstances applying in relation to the provider. [...] Section 96 would provide for an automatic period of suspension for exceeding total enrolment limits under any provision of Division 1AA, with the consequence that the provider would not be able to enrol any overseas student for the course in respect of the year until the earlier of either 31 December of that year or if given a notice by the Secretary in respect of that year.
Authors
- Pages
- 18
- Published in
- Australia
Table of Contents
- About the Law Council of Australia 3
- Acknowledgements 4
- Introduction 5
- Overarching comments on how changes to the ESOS Act may affect international students 5
- Provisions of the Bill 7
- Item 4, Part 1 7
- Education agents should be regulated through a register system 7
- Fit and proper test 8
- Item 5, Part 1 8
- Comment 8
- Items 42, 43 and 44, Part 6 9
- Comment 9
- Giving of information to the Secretary of the Department of Education about education agent commissions 11
- Item 10, Part 1 11
- Comment 11
- Comment on the proposed ban to onshore student transfer commissions 12
- Giving information to registered providers 12
- Item 22, Part 2 12
- Management of provider applications 13
- Item 33, Part 3 13
- Comment 13
- Registration requirements 13
- Item 38, Part 4 13
- Comment 13
- Automatic cancellation of registration 14
- Item 40, Part 5 14
- Comment 14
- Item 41, Part 5 15
- Comment 15
- Enrolment limits 16
- Items 47, 48 and 49, Part 7 16
- Comment 16
- Automatic suspension and cancellation of specified courses 17
- Item 55, Part 8 17
- Comment 17
- Impact on international students 18
