Nick Xenophon (SA, Independent) Share this | Hansard source

I will direct this to the opposition because they are the alternative government. Firstly, is Senator Mason, as the shadow minister responsible for this, saying that simply giving the minister the discretion, circumscribed by protections to ensure consultation with the fund and affordability of the fund, to deal with matters is a bridge too far? Is he honestly saying that? Secondly, does he concede—and this is a question for the government as well—that unless this amendment is passed there will be no mechanism to compensate students, in the event of a failure of an educational institution, for ancillary expenses or losses such as for accommodation? If there is a direct mechanism to cover other consequential losses, please outline that. There may be certain circumstances, but, as I understand it, there will be a whole range of loopholes where students will not have the ability to be compensated for the failure of an institution because at the moment that is constrained within the terms of the legislation. This discretion would allow for a safety valve for students that have been hard done by, that have been let down by an unscrupulous operator, to actually seek some redress.