The Australian government has once again introduced important legislative changes aimed at strengthening the integrity of its international education sector, and this decision follows the failure of the previous Education Services for Overseas Students (ESOS) Amendment Bill in 2024, which stalled in the Senate because of proposed caps on international student enrollment. The new bill, led by Education Minister Jason Clare, keeps the key integrity measures of the previous version but omits the controversial cap provisions. This change removes the main hurdle to its approval in Parliament, and this authority can be used when it serves the national interest or when serious quality issues are found within a provider’s offerings. The main objective is to ensure high-quality educational experiences and protect the country’s global reputation.
One major focus of the renewed legislation is the crackdown on questionable recruitment practices. The proposed changes aim to ban commission payments to education agents for transferring students who are already in Australia. It can be mentioned that this measure seeks to discourage the practice of “poaching” students and responds to ongoing discussions about the ethics of certain agent-provider agreements. Stricter requirements will apply to new market entrants. Future international education providers must show a two-year record of delivering courses to domestic students before they can enroll overseas students. This requirement serves as clear proof of a commitment to quality education.
The legislation also tackles the issue of ‘phoenixing,’ where educational entities intentionally close and reopen to avoid regulatory penalties or debts. The bill allows for the cancellation of a provider’s registration if they do not enroll or deliver courses to international students for 12 consecutive months. To enhance quality assurance globally, the reforms require education providers to get approval from the Tertiary Education Quality and Standards Agency (TEQSA) before offering Australian degrees overseas. This oversight ensures that students receiving an Australian qualification abroad can trust its quality just as much as those studying at home. Assistant Minister for International Education Julian Hill emphasized the significance of this renewed focus, stating that Australia’s success depends on quality, integrity, and providing an excellent student experience.
Although the proposed hard enrollment caps were rejected in 2024, the government continues to manage international student intake through administrative methods. The current visa processing rule, Ministerial Direction 111, gives priority to visa applications from offshore students whose schools have not yet filled 80% of their expected student numbers, known as the Net Overseas Student Commencement (NOSC) number. For 2026, the national planning level for NOSCs has risen to 295,000, up from 270,000 in 2025. This figure serves as a planning guideline rather than a strict cap. Minister Clare has indicated that they will closely monitor future international enrollment targets. The newly formed Australian Tertiary Education Committee (ATEC), currently operating on an interim basis, is tasked with working directly with institutions to ensure they meet, but do not exceed, student allocations from 2027 onwards.
