Lee Rhiannon (NSW, Australian Greens) Share this | Hansard source

by leave—I move the Australian Greens amendments (1) to (3) on sheet 7193.

(1) Schedule 1, item 1, page 12 (line 19), omit "Note", substitute "Note 1".

(2) Schedule 1, item 1, page 12 (after line 19), at the end of subsection 47A(1), add:

  Note 2: For an exception to subparagraph (1)(c)(iii), see subsection (3).

(3) Schedule 1, item 1, page 12 (after line 24), at the end of section 47A, add:

  (3) An overseas student or intending overseas student does not default under subparagraph (1)(c)(iii) unless the registered provider accords the student natural justice before refusing to provide, or continue providing, the course to the student at the location.

These amendments essentially deal with the issue of natural justice. When these international students are in our country, they will clearly get into trouble at times—there will be misbehaviour, defaults on their commitments—and at the moment the way the system plays out results in students falling foul of the expectations and rules they are supposed to abide by. They end up being treated as second-class citizens. The amendments before us seek to deal with this situation. At the moment a student who is refused provision of their course because they have misbehaved is considered as defaulting and thus is not necessarily eligible for a refund of their prepaid tuition fees. Given that the bill is about ensuring the rights of overseas students are sensibly protected, we are seeking to raise the standards and ensure that international students are given a fair deal and are given a first-class education, that their rights are protected and that, if things go wrong, they are not going to lose out financially. Our amendment will insert: 'provider accords the student natural justice before refusing to provide, or continue providing, the course to the student' on the grounds of misbehaving. This allows due process because it allows students to appeal such a charge and it provides some surety that the student will not suffer disadvantage while waiting for the resolution of an appeal. It really is quite a simple mechanism. I think it is what any of us would expect to occur if we were in a similar situation in Australia or elsewhere. For students who default or where there is some form of misbehaviour they are allowed a fair form of justice so that they are not disadvantaged in the way that they are currently disadvantaged, with very few rights as it plays out. It could damage not only their immediate education but also their view of how these courses play out in Australia. I would be interested in the minister's response because it seems a necessary measure that is in keeping with the overall intent of the bill.