Senate debates

Wednesday, 3 February 2010

Education Services for Overseas Students Amendment (Re-Registration of Providers and Other Measures) Bill 2009

In Committee

6:33 pm

Photo of Kim CarrKim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Hansard source

The government does not support this amendment. I think Senator Hanson-Young spelt out the reasons for this quite clearly just a moment ago. The policy intent has been supported by the opposition, but they feel the need to make further changes despite the assurances that have been given as to the government’s intent. The opposition suddenly have discovered that they do not like umbrella legislation of this type, despite the fact that this occurred consistently throughout their term. This legislative framework is the same pattern that was established in precedent by the parliamentary draughtsman for well over a decade in this parliament. So it is not a new approach; this is a common approach that has been taken on many pieces of legislation. I will not detain the committee by detailing each and every one of those.

The fact remains that the government has indicated that the proposed amendments relating to the risk management approach have already been agreed by the relevant ministers at the Commonwealth and state levels, and have been finalised with all the states and territories through the Joint Committee on International Education. So these practices are already operational. The minister’s assurances have actually been put into effect through the Ministerial Council on Education, Employment, Training and Youth Affairs processes.

I need to draw attention to the proposition that Senator Cormann referred to in regard to the government’s failure to follow the comings and goings of the opposition. The bill, of course, was introduced last August. It takes time to get bills together. As I said, there has been a process of policy development and there has been a response by the minister, particularly through cooperation with the states, given that the primary approach to the regulation of this industry has for some time been dealt with by state education authorities. You may well argue that that needs to change. It is certainly an argument I have put. But the fact remains that the current administrative law has it that the Commonwealth minister for education has to deal with the state ministers for education. That is exactly what the Deputy Prime Minister has been doing, and the necessary administrative framework has been established to see that there is progress being made on improving the regulations in regard to quality assurance.

The bill was presented with these improvements in terms of the regulation of education agents and other matters, which was a bone of contention throughout the last decade under the previous government. This minister has done something about it. The matter was referred to a Senate committee and we have sought from that time urgent passage of the bill. The opposition have actually said they will vote for it, but, like so much else in the Senate, they say one thing and do another. What has happened is that the Liberal Party are now being run by the extreme right of the party. They see it as their job to oppose and oppose and oppose, and they have no constructive engagement in terms of the management of the affairs of this country.

After the change—the formal coup that occurred with Mr Abbott’s one-vote victory last year—the minister’s office sought clarification from the shadow minister on who was responsible, and we were told that it would be Senator Cormann. Noting that the legislation was going through the Senate this week, the minister’s office engaged his office, providing background and seeking again to have it dealt with on a non-controversial basis to get a timely passage. They indicated that this would be considered and they would get back to us. There was no response. There was no response from your office, Senator Cormann—no response at all. Not having heard back from Senator Cormann’s office after several days, contact was again made with your office. We were told that the matter was actually being dealt with by Senator Mason. We are not talking about ancient history here. You cannot even work out this week who is responsible.

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