Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2010 - 2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
MIGRATION LEGISLATION AMENDMENT (STUDENT VISAS) BILL 2012
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Immigration and Citizenship,
the Hon Chris Bowen MP)
AMENDMENTS TO THE MIGRATION LEGISLATION AMENDMENT
(STUDENT VISAS) BILL 2012
OUTLINE
The Migration Legislation Amendment (Student Visas) Bill 2012 amends the
Migration Act 1958 ("the Act") and the Education Services for Overseas Students Act
2000 ("the ESOS Act") to implement recommendation 24 of the independent
Strategic Review of the Student Visa Program, conducted by the Hon. Michael Knight
AO, and gives effect to the Government's policy to abolish the automatic cancellation
of student visas for unsatisfactory course attendance or course progress.
The Bill was referred by the Senate to the Senate Legal and Constitutional Affairs
Committee ("the Senate Committee") on 22 March 2012 for inquiry and report. The
Senate Committee reported on the Bill on 19 June 2012.
Recommendations 1 and 2 of the Committee report dated 19 June 2012 were:
Recommendation 1
The committee recommends that the Department of Innovation, Industry, Science,
Research and Tertiary Education modify the Provider Registration and International
Students Management System to allow for the effective and secure upload of data
from the databases of registered providers, while maintaining the integrity of the
system. The committee recommends that this modification be completed and be made
operational as soon as possible.
Recommendation 2
Until the Provider Registration and International Students Management System has
been modified as set out in Recommendation 1, the committee recommends that, in
addition to their obligations under Part 3 of the Education Services for Overseas
Students Act 2000, registered providers only be required to notify the Department of
Immigration and Citizenship of students' up-to-date contact information at the
commencement of each semester, when students reenrol in their approved courses, or
upon any variation or change to their enrolled course.
The purpose of the amendment to the Bill is to address the concerns raised by
education peak bodies as part of the Senate Committee inquiry into the Bill, reflected
in recommendation 2, regarding the administrative burden imposed by the proposed
consequential amendment in the Bill to require registered education providers to give
particulars of any change in contact details to the Secretary (of the Department
administering the ESOS Act) within 14 days after the provider becomes aware of the
change. The proposed amendment to the Bill will remove that particular requirement
and consequential amendments associated with that requirement.
FINANCIAL IMPACT STATEMENT
There is no financial impact in relation to the amendment.
HUMAN RIGHTS STATEMENT OF COMPATIBILITY
The amendment does not raise human rights issues.
AMENDMENTS TO THE MIGRATION LEGISLATION AMENDMENT
(STUDENT VISAS) BILL 2012
NOTES ON AMENDMENTS
Amendment (1) - Schedule 1, items 1 to 3, page 3 (lines 4 to 18)
1. This amendment omits items 1, 2 and 3 in Schedule 1 to the Bill. This
amendment removes the proposed requirement in new subsection 19(1A)
for a registered education provider to give the Secretary particulars of any
change in the contact details or other prescribed details of an accepted
student within 14 days after the provider becomes aware of the change.
The consequential amendments to section 5 and paragraph 19(1)(a) of the
ESOS Act are associated with that requirement.
2. These items were included in this Bill as consequential amendments. The
amendments in items 1, 2 and 3 in Schedule 1 to the Bill were proposed
because the removal of the automatic cancellation regime would move the
onus for making contact following an alleged breach from the student to
the Department of Immigration and Citizenship. These items provided a
mechanism whereby officers would have access to contemporaneous
student contact information in the absence of automatic cancellation
notices.
3. The purpose of the amendment to remove the proposed requirement is to
address concerns raised by the international education sector and industry
bodies that the proposed requirement would impose an undue
administrative burden on education providers who are already subject to a
series of regulatory reforms. These concerns were raised as part of the
Senate Committee Inquiry into the Bill, as reflected in recommendation 2
of the Committee's report.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
Proposed Government Amendment to the Migration Legislation Amendment
(Student Visas) Bill 2012
This amendment is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the Government Amendment
The purpose of the amendment to the Bill is to address the concerns raised by
education peak bodies as part of the Senate Committee inquiry into the Bill. This is
reflected in recommendation 2 of the Committee's report, regarding the
administrative burden imposed by the proposed consequential amendment in the Bill
to require registered education providers to give particulars of any change in contact
details to the Secretary (of the Department administering the ESOS Act) within 14
days after the provider becomes aware of the change.
This government amendment proposes to remove items 1, 2 and 3 in Schedule 1 to the
Migration Legislation Amendment (Student Visas) Bill 2012 (the Bill).
Currently, item 3 of Schedule 1 to the Bill amends section 19 of the Education
Services for Overseas Students Act 2000 (ESOS Act) to require a registered provider
to give particulars of any change in the contact details, or other prescribed details, of
an accepted student within 14 days after the provider becomes aware of the change.
Items 1 and 2 of Schedule 1 to the Bill make consequential amendments to section 5
and paragraph 19(1)(a) of the ESOS Act associated with the requirement in item 3.
Item 1 inserts a new defined term "contact details" in section 5 in Part 1 of the ESOS
Act and item 2 inserts "contact details" after "name" in paragraph 19(1)(a) in Division
1 of Part 3 of the ESOS Act.
Human rights implications
This amendment does not engage any of the applicable rights or freedoms outlined in
the seven core international human rights treaties.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon. Chris Bowen, Minister for Immigration and Citizenship
Index]
[Search]
[Download]
[Bill]
[Help]