Education (Overseas Students) Bill 2018
Plain English Summary
Overview
This bill modernises Queensland's regulation of overseas student education, introduces statutory oversight for student exchange programs, implements the new senior assessment and ATAR system for Queensland schools, and fixes an unintended ban on Easter Saturday trading in regional towns.
Who it affects
Queensland secondary school students face a new assessment system with external exams and ATARs from 2019. Schools hosting overseas students, exchange organisations, home-educating families, and regional retailers are also directly affected.
Overseas student and exchange program regulation
Replaces the Education (Overseas Students) Act 1996 with a new approval regime for schools providing courses to overseas students, better aligned with Commonwealth requirements. Also introduces a statutory framework for regulating international student exchange programs, replacing an informal administrative system.
- New approval system for schools providing courses to overseas students, aligned with the Commonwealth ESOS Act
- Statutory regulation of international student exchange organisations including Rotary and school-based programs
- Authorised persons appointed to monitor compliance, with powers of entry, inspection and seizure
- New internal review and QCAT external review rights for providers aggrieved by decisions
Senior assessment and tertiary entrance reforms
Gives the QCAA new functions to administer external assessments for senior subjects and transfers tertiary entrance ranking from the QCAA to QTAC. This supports the shift from Queensland's OP system to ATARs, starting for students entering Year 11 in 2019.
- QCAA given power to develop, purchase and administer external assessments for senior subjects
- External assessments count for 25% of most senior subject results and 50% in maths and science
- Tertiary entrance ranking transferred from QCAA to QTAC, replacing OP with ATAR
- Government invested $72.9 million over five years to support the transition
Home education and school amendments
Simplifies home education registration rules, updates school council constitution processes, modernises terminology from 'pre-preparatory' to 'kindergarten', and allows mature age state schools to be listed on the department's website rather than prescribed in regulation.
- Home education registration extended to 31 December in the year a child turns 17
- Registration continues while parents exercise review rights against cancellation decisions
- Applications for home education must include an educational program summary, not just a learning philosophy
- School councils no longer need chief executive approval for amendments that align with the model constitution
Easter Saturday trading in regional areas
Restores trading rights on Easter Saturday for non-exempt shops in regional areas without seven-day trading, fixing an omission when retail trading hours were overhauled in 2017.
- Non-exempt shops in regional areas like Mt Isa, Roma, Longreach and Charters Towers can open Easter Saturday from 8am to 6pm
- Commenced on 30 March 2018 to apply before Easter that year
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Education, Employment and Small Business Committee
The Education, Employment and Small Business Committee examined the Education (Overseas Students) Bill 2018 over two weeks, building on the extensive work of the predecessor committee (ETISBC) which had reviewed the substantially similar 2017 version. The committee unanimously recommended the bill be passed. It was satisfied that the government had appropriately addressed the ETISBC's concerns about self-incrimination protections, chief executive amendment powers, and the definition of 'parent', and did not endorse the ETISBC's three proposed amendments.
Key findings (5)
- The bill replicated the content of the lapsed 2017 bill with additional amendments addressing one ETISBC recommendation and a drafting omission in the Trading (Allowable Hours) Act 1990.
- New subclauses 66(4) and 66(5) appropriately addressed concerns about abrogation of the right against self-incrimination by limiting the use of compulsorily produced documents to proceedings about the document's accuracy or offences under the Act.
- The committee was satisfied that clause 23 (allowing the chief executive to amend approvals without prior application) was limited in scope to administrative matters and necessary for effective co-regulation with the Commonwealth CRICOS system.
- The committee accepted that leaving 'parent' undefined in clause 97 provided greater flexibility to capture the diverse familial relationships of overseas students, rather than risk narrowing the term through a restrictive definition.
- The bill also corrected an inadvertent drafting omission that prevented larger retailers in regional areas without seven-day trading from opening on Easter Saturday, restoring pre-existing trading arrangements.
Recommendations (1)
- The committee recommends the Education (Overseas Students) Bill 2018 be passed.
Committee report tabled
▸Second Reading6 Mar 2018View Hansard
▸29 members spoke29 support
As Minister for Education, moved the second reading and spoke in reply. Defended the bill's modernisation of overseas student regulation, the transition to ATAR, and the correction of the Easter trading hours omission. Noted $72.9 million invested in implementing the new senior assessment systems.
“The bill replaces the Education (Overseas Students) Act 1996 with modern legislation that reflects the national framework for the regulation of providers of courses to overseas students and introduces a statutory regime for the regulation of international secondary student exchange organisations.”— 2018-03-06View Hansard
Supported the education provisions of the bill but spent most of his speech criticising the government for including Easter trading hours amendments to fix a legislative omission, describing it as the third consecutive year of trading hours bungles.
“International education is one of the biggest service export industries in Queensland, generating almost $3 billion a year in export revenue and sustaining approximately 20,000 jobs.”— 2018-03-06View Hansard
As committee chair, outlined the committee's examination and its single recommendation that the bill be passed. Praised the bill's modernisation of overseas student regulation and support for the new senior assessment system.
“The new regulatory regime proposed by the bill will better reflect the role of both the director-general as the designated state authority, ensure better alignment with the national framework and shared responsibility for compliance, and improve Queensland's compliance framework and administrative practices.”— 2018-03-06View Hansard
As deputy committee chair, supported the bill but criticised the short committee reporting timeframe and the government's omission of the Easter trading hours provision, calling it sloppy.
“Education lays the foundation for our children's future job prospects and is a critical part of their self-development and self-esteem.”— 2018-03-06View Hansard
As former education minister, supported the bill and took credit for initiating the review of the OP system that led to the ATAR transition. Praised the value of overseas students and exchange programs to Queensland's economy.
“Overseas students provide great value to our state, and not just to our economy. They provide great value in terms of our relationships with other countries, and then of course many of them would go on to university or further study.”— 2018-03-06View Hansard
Spoke in support of the bill, highlighting the importance of overseas students to the Queensland economy and praising the Minister for Education's swift action to correct regional trading hours.
“We know how much overseas students bring into the economy of this great state. We have talked today about hearing that 16 per cent of the overseas students come to Queensland to be educated.”— 2018-03-06View Hansard
As Leader of the Opposition, supported the bill's education provisions and streamlining of international student regulation but criticised the one-year delay to ATAR implementation and the third consecutive year of Easter trading hours fixes.
“This bill represents a good step in streamlining the regulation around international education to make it consistent with other states.”— 2018-03-06View Hansard
Confirmed the LNP would not oppose the bill, acknowledged the former LNP education minister's role in initiating the ATAR reforms, and criticised the government's legislative drafting on trading hours.
“The Liberal National Party will not oppose the passage of this legislation as it will create a new regime for the regulation of providers of courses to overseas students and those on international student exchange programs.”— 2018-03-06View Hansard
Supported the bill as good policy for streamlining overseas student regulation and the transition to ATAR. Criticised the government for delaying the OP-to-ATAR transition by a year and for the Easter trading hours oversight.
“I think it is good that we are setting up a system that will allow for smooth transition so that we have one administration looking after this and it will make the life of those schools easier.”— 2018-03-06View Hansard
As former committee chair and career educator, strongly supported the bill. Defended the one-year delay to the ATAR system, explaining that secondary principals requested more time to ensure teachers and students were fully prepared.
“The reason the implementation of this change was pushed back 12 months was not a Labor initiative. That pushback came from secondary principals who said, 'We need more time.'”— 2018-03-06View Hansard
Supported the bill's changes to the overseas student framework and highlighted international education programs at schools in her electorate of Mudgeeraba.
“We know that there are many benefits to international exchange programs for students, whether it is educational, personal development or the long-term benefits that come from experiencing another culture.”— 2018-03-06View Hansard
Supported the move to the new senior assessment and ATAR system, noting it was initiated by the former LNP government. Criticised the delay in implementation and the repeated Easter trading hours fix-ups.
“I do agree with the member for Nanango and others who have spoken that this will be a significant and positive change for our senior students and for tertiary entrance.”— 2018-03-06View Hansard
Supported the bill as a sensible measure to regulate education providers for overseas students and protect students, highlighting the sister city relationship between Mackay and Matsuura in Japan.
“In overseas countries, parents view Australia as a safe place for their children to travel to in order to gain a high-quality educational experience.”— 2018-03-06View Hansard
Supported the bill but focused primarily on the impact of the Easter trading hours omission on regional towns in her electorate, particularly Roma and Charleville, citing the Roma Chamber of Commerce president's concerns.
“The consequences of the omission were serious as all non-exempt shops in areas without seven-day trading would have had to close on four consecutive Easter holidays, that is, Good Friday, Easter Saturday, Easter Sunday and Easter Monday.”— 2018-03-06View Hansard
Supported the bill and highlighted opportunities for overseas students at the Longreach Pastoral College and Emerald Agricultural College. Emphasised the devastating impact the trading hours omission would have had on regional towns like Blackwater and Longreach.
“Can you imagine people packing up their caravan and driving out to Longreach in their four-wheel drive from Brisbane or Sydney only to find everything shut? What a great welcome mat that would be for people in our tourism industry.”— 2018-03-06View Hansard
Supported the bill, highlighting the importance of international education as Australia's third largest export and the benefits of student exchange programs for students from lower socioeconomic backgrounds.
“In Queensland, over 85,000 international students from 160 countries come here to study at our universities, training colleges and schools.”— 2018-03-06View Hansard
Supported the bill, drawing on her personal experience as a former international exchange student in Japan. Criticised the government's sloppy drafting of trading hours legislation.
“When people take the time to learn a foreign language, it says to them that they care enough to make the effort to understand how to communicate in their own language.”— 2018-03-06View Hansard
Supported the bill, emphasising international students' importance to Toowoomba's economy and education sector, and acknowledging the role of international students as a cultural bridge in a multicultural city.
“International students play a major role in that. Toowoomba has 86 schools, both primary and secondary. Toowoomba boarding schools make up 20 per cent of all boarding schools across Queensland.”— 2018-03-06View Hansard
As Minister for Innovation and ministerial champion for international education, supported the bill and outlined the government's $25.3 million international education and training strategy to grow the sector from $4 billion to $7.5 billion by 2026.
“In fact, our goal is to see international education grow in terms of what a lot of members spoke about today from about $4 billion to $7.5 billion, supporting more than 26,000 jobs in Queensland by 2026.”— 2018-03-06View Hansard
Supported the bill's education provisions but expressed strong concerns about the impact of the trading hours changes on regional small businesses, arguing they favoured large retailers over family-run businesses.
“International students foster long-term goodwill and understanding between our country and others from where students originate.”— 2018-03-06View Hansard
Supported the bill, highlighting international students at Hamilton Island and Hayman Island schools, and the impact of the Easter trading hours omission on small businesses in Proserpine.
“When it comes to international students, there is a great relationship and history between Matsuura and the city that I represent in this place, the great city of Mackay.”— 2018-03-06View Hansard
Supported the bill, drawing on his experience with the Australia Latin America Leadership Program to illustrate the long-term economic and cultural benefits of international education.
“This government prioritises all aspects of our education sector, unlike those opposite who sit silently while the Turnbull government takes cuts to all aspects of our education sector.”— 2018-03-06View Hansard
Supported the bill's education measures, highlighting the successful CRICOS program at Cleveland District State High School which hosts 42 international students from countries including the Philippines, Norway, Brazil and China.
“The education measures contained in the bill are important and I support them in as much as they will assist in providing students in the Cleveland district and overseas students in exchange programs with a better education.”— 2018-03-06View Hansard
Supported the bill's objective to align Queensland's overseas student regulatory framework with the national framework, removing unnecessary duplication between state and Commonwealth registers.
“Exchange programs build a cultural bridge between Australian students and those from countries such as Brazil and Japan.”— 2018-03-06View Hansard
Supported the changes to senior assessment but noted the one-year delay caused consternation for schools that had already planned curriculum and hired staff. Criticised the government for repeated trading hours legislative errors.
“Nonetheless, we support the change to move away from wholly internal assessment with a system of moderation to a system that has some form of external assessment built into it.”— 2018-03-06View Hansard
Supported the bill, outlining the new senior assessment arrangements combining school based and external assessment, and the transition from OP to ATAR.
“When we roll out the new system in 2019, we want to get it right and ensure that it remains strong for many years to come.”— 2018-03-06View Hansard
Supported the bill, highlighting the Fraser Coast Anglican College's international student programs and the importance of maintaining education standards for overseas students.
“It is up to the federal government to give out visas to students coming to Australia, but it is good to have a regulation like this to ensure that the standard of our courses in Australia is maintained.”— 2018-03-06View Hansard
Noted the LNP position was to not oppose the bill. Supported the alignment with the national framework and the transition from OP to ATAR, but criticised the inclusion of trading hours amendments in an education bill.
“I also note that the LNP position is to not oppose this bill.”— 2018-03-06View Hansard
Supported the bill, outlining the QCAA reforms, overseas student regulatory changes, and the Trading (Allowable Hours) Act amendments to restore Easter Saturday trading in regional areas.
“There was never any intention by the government to stop trading by non-exempt shops on the Easter Saturday public holiday in those areas without seven-day trading.”— 2018-03-06View Hansard