Gary Humphries (ACT, Liberal Party) Share this | Link to this | Hansard source

I present the report of the Education, Employment and Workplace Relations References Committee, Welfare of international students, together with the Hansard record of proceedings and documents presented to the committee.

Ordered that the report be printed.

by leave—I move:

That the Senate take note of the report.

In presenting this report, I have to say the committee began an interesting inquiry following a series of violent attacks upon Indian students in Sydney and Melbourne. But what began as an issue focused on racism and physical abuse gradually transformed into an issue focused on the quality of education provided to international students in Australian institutions. Stories of assaults on Indian students in Australia gained a great deal of attention in the Indian media and, I have to say, caused some harm to Australia’s reputation as a safe destination for students when those stories were run. But the real story, as it emerged over time, was the frustration experienced by international students in their dealings with the educational institutions in which they were enrolled.

The evidence presented to the committee indicated that a majority of the problems related to private colleges in the VET sector. Overall, the committee was pleased to learn that the majority of international students were satisfied with their decision to study in Australia and are happy to recommend Australia as a study destination. It is very important that we emphasise that the overall quality of our education system was affirmed by this inquiry. It is true, however, that some students experienced difficulties during their time here relating to a range of factors, and it is those factors that the committee addressed most particularly in its report.

An issue that was raised with the committee by many witnesses concerned public transport fares. Although international students are eligible for concessions on public transport in the majority of states, they pay full fares in the most populous states—that is, New South Wales and Victoria. International students view their lack of eligibility for fare concessions in those places as inequitable and discriminatory. This issue raises much resentment, given that international students already pay full fees and that domestic students on comparable incomes are typically eligible for such concessions. In view of the benefits that accrue to these states from international education and full-fee-paying international students, the committee strongly urges these states to reconsider their policy and to extend fare concessions to all students.

International students are new to this country. They are new to our way of life and our culture. Sometimes they are even relatively new to our language. They may not be aware of the sometimes subtle differences between the way things are done here and the customs of their own countries. It is important—indeed, imperative—that international students have access to comprehensive and accurate information about life in Australia, about studying here, about their individual education providers and about the range of support services available to them when they arrive. International students also need detailed information about the costs of living in Australia, including the costs of accommodation, food and public transport. They do not necessarily know the rights conferred on them by law and should be made aware of those rights, particularly those of tenancy and employment. They also need to know about general safety and security, whether that be the safety level of a particular suburb where they might live or the safety of the public transport system at night. We take these things for granted; they do not necessarily have the ability to do that.

Education providers and agents, as well as governments, have a role to play in making this information available. Ensuring that accurate information is available from a credible source in the first instance is a government responsibility, and ensuring its distribution and ongoing availability is the joint responsibility of agents, education providers and governments. The committee recommends that a hard copy booklet which contains a wide range of information based upon the Study in Australia website and the online student guide be distributed to students when their visas are granted.

The role of education and migration agents was another key area for the inquiry. It became apparent that some education agents exhibited unscrupulous behaviour in recruiting international students. Some agents were accused of misleading students regarding the facilities of education providers, the cost of living in Australia and employment opportunities. However, the committee believes that the majority of agents act in an ethical manner and are an important asset of Australia’s education industry. The committee recommends that education providers deal exclusively with education agents who have been professionally accredited, with this requirement being phased in over three years. The committee feels that this action would assist in restoring confidence in an industry damaged by the devious actions of a few.

As part of their visa conditions international students are allowed to work 20 hours per week during the semester. Some witnesses suggested to the committee that this limit should be extended—possibly to 24 hours—or even removed completely. While the committee does not wish to see the situation where student visa applicants come to Australia with the primary intention of working, it recommends that this limit be the subject of a serious review by government.

The committee heard of anomalies in the assessment of breaches of visa conditions. No discretion may be applied, for example, when students are found to have breached their visas on employment grounds, but exceptional or compassionate circumstances may be considered in assessing breaches of other kinds. The committee finds this inequitable and recommends that the Department of Immigration and Citizenship review the process for assessing visa breaches on employment ground.

Education providers should obviously be the first point of contact when students have complaints. However, if students feel that their complaints are not being responded to in an adequate and timely way, they should have reliable complaint mechanisms outside of their own institutions. Students should feel confident that these complaints will be acknowledged and handled by an independent body which will act in the best interests of the students, the providers, the international education sector and, indeed, Australia’s reputation in this area. For these reasons the committee recommends the establishment of an international education ombudsman, a role that could be taken on, for example, by the Commonwealth Ombudsman.

The committee heard of regulatory failure in the form of inadequate auditing and monitoring of quality control in some private VET institutions. A review of the legislation that governs international students, of course, is being undertaken at this time by the Hon. Bruce Baird. The committee understands that this review will consider more effective regulatory processes and ways to improve quality in the sector, and it looks forward to the findings of this review. In particular, the committee acknowledges that COAG is set to consider the issue of a national regulator for the VET sector. The committee supports the establishment of such a body, because it will strengthen the regulatory mechanisms in and quality of the international education sector.

In order to gain registration, education providers must comply with the national code, a provision under the ESOS Act. The committee heard evidence that the national code was aspirational, vague and open to interpretation. Witnesses cautioned that the code should specify minimum standards. The committee supports these calls and recommends the inclusion of benchmarks to the code to allow effective enforcement and to provide clarity to education providers.

Finally, it needs to be said that there are many benefits to be gained from a robust international education sector. The recent closures of colleges, allegations of substandard services offered by some providers and occasional violent attacks upon overseas students are damaging to the sector and to Australia’s global reputation as a provider of international education. The committee welcomed the opportunity to be part of the effort, which has been made at a number of levels, to address the issues identified by stakeholders to improve the educational experience of these students in Australia and to make the standard of their experience safe and of a high quality. I thank members of the committee who undertook this inquiry. It was a very interesting inquiry. I thank the committee secretariat for its work in providing an overview of the very important area of Australia’s role as an education provider in our world.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

I rise as deputy chair of the Senate Education, Employment and Workplace Relations References Committee to speak about its inquiry into the welfare of international students and acknowledge the contribution just made by the chair, Senator Humphries. I note at the outset that this was a unanimous report, so I congratulate the chair and my fellow members of the committee for being able to achieve that. International students from India were the victims of a number of attacks earlier this year. These attacks were reported extensively in the Indian press and have harmed Australia’s reputation as a safe destination for overseas students. It is important to note that more than 80 per cent of international students return home satisfied with their experience of living and studying in Australia and are happy to recommend studying here to others. Therefore, the government considers any damage or threat to Australia’s reputation as a study destination a very serious matter. It has acted swiftly to address these concerns, which were the catalyst for the inquiry, with a number of initiatives and responses.

Delegations have travelled to India to meet Indian government ministers, officials, prospective students and their families, to hear concerns and to offer reassurance that Australia is a safe destination for Indian students. These delegations have included the Minister for Education, representatives from the Commonwealth, New South Wales and Victorian governments, Victoria Police and representatives of the vocational and higher education sectors. More recently, the Prime Minister visited India to meet representatives of the Indian government and discuss the measures that the government has taken to address these concerns.

What began as an issue focused on the attacks soon became enlarged into an issue about the quality of education being sold to foreign students. This inquiry overlapped in time and subject matter with the legislation committee’s inquiry into the Education Services for Overseas Students Amendment (Re-registration of Providers and Other Measures) Bill 2009, the ESOS bill. The ESOS bill inquiry reviewed proposed amendments to the ESOS Act requiring, among other provisions, the reregistration of education providers and the listing of agents used by providers. This bill was introduced as an interim measure to address concerns with the international education sector similar to those that prompted the references committee inquiry. The committee reported on this bill in October. It supported the amendments to the act, and these will address some of the issues raised during the inquiry.

A number of witnesses told the committee that some education agents have acted in an unethical manner in their recruitment of international students. One of the ESOS amendments requires the publication by providers of the names of education agents who represent them and promote their education services. In addition, all CRICOS registered providers will have to reregister by 31 December 2009. These measures will allow for greater transparency in the industry.

In September the minister hosted an international student roundtable discussion in Canberra to identify the difficulties experienced and concerns held by international students. Following this, three representatives from the roundtable presented the findings of the roundtable discussion to the Ministerial Council for Tertiary Education and Employment. The findings of the roundtable will be used by COAG in the development of a national strategy for international students.

Witnesses told the committee about the difficulty they experienced in making complaints about services. In response, the government has established a complaints hotline for international students. Students can access this hotline anonymously over the telephone or via the web. It will allow the identification of trends in student complaints so that action can be taken to address these problems. The committee also identified the lack of an independent body as an important issue for international students, and has recommended the establishment of an international student ombudsman.

The committee was concerned to ensure that credible information and appropriate support services are available to assist students in their studies and in everyday life in a foreign culture. The government, through COAG, is also working to improve the provision and accuracy of information to international students by implementing an online manual for students wanting to study in Australia. This guide is due to be rolled out in mid-2010.

During the hearings the committee was informed that the minimum level of funds required to secure a student visa was not an accurate reflection of the real cost of living in Australia. The Department of Immigration and Citizenship has now reviewed the requirements and has increased the minimum level of funds by $6,000 to $18,000. This will provide students and their families with a better indication of the actual costs, allowing them to budget more effectively.

The linking of skilled migration with education and training had profound effects upon the international education sector. This policy led to substantial growth in the higher education sector, the vocational education and training sector and a marked escalation in the number of private providers ready to profit from the opportunities in the VET sector. It has been claimed that some providers of education and training for international students established training centres not for any educational purpose but with the single objective of securing permanent residency for students. The migration policy was also claimed to result in a reduction in quality standards within the sector because of the proliferation of providers with non-educational purposes. The government has moved to decouple skilled migration and international education by giving priority to employer sponsorships in the processing of applications for permanent residency. Other measures to strengthen the application process include a job-ready test for migrants with Australian based trade qualifications.

Evidence to the committee suggested that regulatory failure in the form of inadequate auditing and monitoring of quality control in some private colleges in the VET sector has resulted in the current crisis. The Hon. Bruce Baird is currently undertaking a review of the Education Services for Overseas Students Act 2000, and as part of this he will consider more effective regulatory processes and ways to improve quality in the sector among other issues. To ensure the quality of providers and the provision of quality education and training within the sector the government has introduced the Tertiary Education Quality and Standards Agency. For the VET sector, the government will work through COAG to discuss options for the establishment of a national VET regulatory body. The Baird review into international education in Australia will also consider the need for further enhancements to the ESOS framework. The review will further assist the government to identify other areas for improvement in order to ensure that we continue to offer international students a world-class education. It is expected that a report from the review will be available early next year.

In October my government colleagues from the committee and I attended the 2009 Australian International Education Conference held in Sydney. The conference highlighted the success of our education industry and identified the issues facing the sector. The sheer number of people at the conference is indicative of the effect international education has on our economy. The government is committed to ensuring the continued prosperity of this sector and that Australia continues to be seen as a safe and attractive study destination that provides international students with quality education and training. Again, I thank the chair, my fellow committee members and also the secretariat of the committee for another superb job. I seek leave to continue my remarks later.

Leave granted; debate adjourned.