Chapter 1Overview
1.1The Education Legislation Amendment (Integrity and Other Measures) Bill2025 (the bill) seeks to amend several Acts in the Education portfolio to strengthen the quality, integrity and sustainability of the delivery of education in Australia, and improve equity and access in higher education, particularly for First Nations peoples.
1.2Amendments to the Education Services for Overseas Students Act 2000 (ESOS Act) are intended to address the integrity issues in the international education sector identified in the Rapid Review into the Exploitation of Australia's Visa System (the Nixon Review), the Review of the Migration System (the Migration Review), and feedback from the sector.
1.3The Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act) is to be amended to ensure registered providers that are delivering courses outside Australia are authorised by the Tertiary Education Quality and Standards Agency (TEQSA), in alignment with the 2023 Australian Universities Accord's recognition of TEQSA's role in strengthening quality and accountability in the sector.
1.4Amendments to the Higher Education Support Act 2003 (HESA) introduce uncapped, demand driven Commonwealth supported places for eligible First Nations students to study medicine from 2026, to help to bring First Nations participation in medicine to population parity.
1.5The bill also amends the A New Tax System (Family Assistance) (Administration) Act 1999 (Family Assistance Administration Act) to promote transparency and integrity in the early childhood education and care (ECEC) sector by improving data collection and strengthening the integrity of subsidy administration.
Context of the bill
The international education sector
1.6The international education sector is one of Australia's top export revenue earners, with international students contributing $51 billion to the Australian economy per annum. International students are also a significant part of Australia's migration system, being the largest component of the temporary migration program after New Zealand citizens.
1.7International students in Australia study with a range of education providers across universities, Vocational Education and Training (VET), English Language Intensive Courses for Overseas Students (ELICOS), Foundation Program (tertiary preparatory program) and schools.
1.8As of December 2023, there were 1477 international education providers in Australia, including 67 public providers, of which 42 operated in the higher education sector. The number of international student enrolments in Australia, as at December 2024, has more than tripled since 2005, growing from 260 000 enrolments in 2005 to 1 095 000 in 2024. The growth in enrolments has been driven largely by the higher education and VET sectors.
1.9The Migration Review, the Nixon Review and the Joint Standing Committee on Foreign Affairs and Trade's inquiry into Australia's tourism and international education sectors, have found that the return of international students has seen a re-emergence of collusive and unscrupulous practices between education providers, their agents and non-genuine students who are exploiting weaknesses in the international education regulatory framework.
The Education Services for Overseas Students Framework
1.10The Australian Government (the government) regulates the international education sector through the ESOS Act and its associated instruments, which together constitute the ESOS Framework. The ESOS Framework safeguards and enhances Australia's reputation for quality education, provides tuition protection and supports the integrity of the student visa program.
1.11Under the ESOS Act, all education providers must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) if they deliver education to students in Australia on a student visa.
1.12The ESOS Framework also supports the integrity of the student visa system by ensuring that education providers collect and report information relating to student visas.
ESOS agencies
1.13The agencies responsible for regulating the international education sector are referred to as ESOS agencies and are accountable to the Minister for Education. A provider's ESOS agency depends on which sector they are from:
the Tertiary Education Quality and Standards Agency (TEQSA) regulates the higher education sector and manages higher education providers;
the Australian Skills Quality Authority (ASQA) is the national VET regulator, and manages VET and standalone ELICOS providers; and
the Department of Education manages schools.
Education agents
1.14Education agents provide advice and assistance to international students to choose between potential countries, institutions and courses when they are looking to pursue education overseas. While it is not a requirement for international students to utilise an education agent in Australia, most international students choose to use one. The 2024 Quality Indicators for Learning and Teaching (QILT) Student Experience Survey found that 87.8percent of international students reported using an education agent to help with their visa application or enrolment in an Australian education provider.
1.15While ESOS agencies regulate the international education sector, they do not directly regulate education agents. Instead, ESOS agencies monitor education providers to ensure compliance with the ESOS Framework. Under Standard 4 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018, registered providers must ensure that their education agents act 'ethically, honestly and in the best interest of overseas students'. Providers are also required to take action where an agent has not complied with their responsibilities.
1.16Education providers also have other responsibilities in relation to their relationship with education agents, including:
having a written agreement with each education agent;
not accepting students where it suspects the education agent of engaging in dishonest recruitment practices; and
taking immediate corrective action where it believes or becomes aware of an education agent that has not complied with their responsibilities under relevant ESOS and migration legislation.
Relevant recent inquiries and reviews
1.17There have been several inquiries and reviews of the migration system in general, and the international education system specifically that have shaped the development of this bill. These include:
Rapid Review into the Exploitation of Australia's Visa System (2023)
Review of the Migration System and the Migration Strategy (2022)
Joint Standing Committee on Foreign Affairs, Defence and Trade - inquiry into Australia's tourism and international education sectors (2022)
Draft International Education and Skills Strategic Framework (2024)
Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024
1.18In 2024, the government introduced the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024, which lapsed on 21July2025 at the end of the 47th Parliament. That bill contained similar provisions to the current bill in relation to:
new requirements for the 'fit and proper' provider test;
giving certain information to registered providers;
management of provider applications;
registration requirements;
automatic cancellation of a provider's registration in certain circumstances; and
automatic suspension and cancellation of specified courses.
1.19Notably, the current bill omits a section of the 2024 bill in relation to ministerial powers to determine enrolment limits on overseas students.
Key provisions of the bill
1.20The following section outlines the key aspects of the bill, including measures to improve the quality, integrity and sustainability of the higher education system, to promote transparency and integrity in the early childhood education and care sector, and to increase access to medical education for First Nations students.
Amendments to the Education Services for Overseas Students Act 2000
Education agents and commissions
1.21Part 1 of Schedule 1 of the bill introduces a new requirement for ESOS agencies when deciding whether a provider is fit and proper to be registered under the ESOS Act. Changes to section 7A of the ESOS Act would require ESOS agencies to consider any ownership or control between providers and education agents, and the extent and value of that ownership.
1.22Registered providers would be required to notify their ESOS agency within 10business days if they begin to have ownership or control of an education agent, or where there is any change in that ownership or control.
1.23The bill also updates the definition of an education agent which now excludes any full-time or part-time employee of the provider and introduces a definition of education agent commission.
1.24The proposed definition of 'education agent commission' would relate to any consideration or benefit, whether non-monetary or monetary, in connection with the activities conducted by an education agent.
Giving information to registered providers
1.25Part 2 of Schedule 1 of the bill expands the ability of the Secretary, or an ESOS agency, to give information about education agents to registered providers to improve transparency and to protect and enhance Australia's reputation for quality education and training services for accepted students.
Management of provider applications
1.26Part 3 of Schedule 1 of the bill enables the Minister for Education (the Minister) to make legislative instruments to suspend the making or processing of initial applications for the registration of providers and applications for the registration of new courses by registered providers for a specified period of not more than 12 months.
1.27A legislative instrument made under this Part of the bill is not subject to disallowance. Exempting these instruments from disallowance is intended to provide certainty for the international education sector. Before making an instrument to suspend making or processing applications, the Minister will be required to consult with TEQSA, the National VET Regulator, the Secretary, and ESOS agencies.
Registration requirements
1.28Part 4 of Schedule 1 of the bill changes the registration requirements for education providers. Education providers seeking registration will be required to demonstrate their ability to provide one or more courses effectively to domestic students, for consecutive study periods totalling at least two years in Australia to students other than overseas students.
1.29Education providers that deliver only standalone ELICOS or standalone Foundation programs, or both, are exempt from these new registration requirements as these courses are generally not provided to domestic students.
Automatic cancellation of registration
1.30Part 5 of Schedule 1 of the bill introduces a new provision specifying that a provider's registration is automatically cancelled if they have not provided any course at any location to any overseas students in a period of 12 consecutive months beginning on or after 1 January 2024 (the measurement period). Education providers may seek an extension of a measurement period from their ESOS agency, more than once, but not for a period of more than 12 months.
1.31Approved school providers are exempt from this amendment as intakes of overseas students at such providers are generally small and they may not enrol an overseas student every year.
Investigation of offences
1.32Part 6 of Schedule 1 to the bill introduces a new factor ESOS agencies and designated state authorities must consider when determining whether a provider is fit and proper to be registered under the ESOS Act. This new factor expands the fit and proper considerations to include whether a provider, or a related person, is under investigation for a specified offence.
1.33This includes offences under the ESOS Act, the Criminal Code and the Corporations Act 2001, as well as additional offences determined by the Minister in a legislative instrument.
Automatic cancellation of specified courses
1.34Part 7 of Schedule 1 enables the Minister to make legislative instruments to specify certain classes of courses that will be automatically suspended and cancelled. The Minister may exercise these cancellation powers where courses have systemic issues in relation to the standard of delivery of the courses, or if the courses provide limited value to Australia's skills and training needs and priorities, or if it is in the public interest to do so.
1.35Factors that the Minister should consider when deciding to suspend or cancel a course include: whether providers have breached relevant legislation; codes or standards; completion rates of students in those courses; the number of transfers of students to or from those courses; and the locations where those courses are provided.
1.36Before making an instrument to suspend or cancel a course, the Minister would be required to consult with a range of different persons or entities, depending on the reasons for the cancellation. However, if the Minister fails to consult as required before making a legislative instrument under this Part of the bill, it does not affect the validity of the instrument.
1.37The Minister must obtain written agreement from the Minister responsible for administering the NVETR Act (currently the Minister for Skills and Training), prior to making an instrument that includes VET courses.
1.38Providers will be prevented from re-registering cancelled courses while the courses are included in an instrument and the instrument is still in force.
Internal review
1.39Part 8 of Schedule 1 empowers ESOS agencies to enact a temporary stay of a decision, where a provider applies for internal review of a reviewable decision under the ESOS Act.
1.40This Part also extends the timeframe within which ESOS agencies must make a decision in relation to an internal review from 90 to 120 days.
Amendments to the Tertiary Education Quality and Standards Agency Act 2011
1.41Part 9 of Schedule 1 to the bill amends the TEQSA Act to support greater regulatory oversight of delivery of higher education courses offshore by Australian education providers. The amendments will require providers to:
receive authorisation from TEQSA before delivering Australian courses of study offshore;
notify TEQSA of any new or changed offshore delivery arrangements; and
provide an annual report to TEQSA detailing their offshore delivery arrangements.
1.42The proposed amendments align with the 2023 Australian Universities Accord, which recognised TEQSA's role in strengthening quality and accountability in the sector and proposed a review of, and enhancements to, TEQSA's regulatory powers to ensure they remain fit for purpose in a rapidly changing sector.
Amendments to the Higher Education Support Act 2003
1.43Part 10 of Schedule 1 to the bill amends the HESA to remove caps on enrolments in medical courses for First Nations students. This means that all First Nations students who meet the entry requirements for medical courses can be enrolled in a Commonwealth supported place for 2026 and future years.
1.44The amendments respond to recommendation 3(b) of the Australian Universities Accord Final Report, which called on the government to provide places for all First Nations students who apply and meet entry requirements for a medical degree.
1.45Growing the First Nations health workforce is intended to support the government's commitments under the National Agreement on Closing the Gap.
Amendments to the A New Tax System (Family Assistance) (Administration) Act1999
Cost and financial information
1.46Part 1 of Schedule 2 to the bill amends the Family Assistance Administration Act to expand the Secretary's compulsory information gathering powers to support the Early Education Service Delivery Prices Project (SDP Project).
1.47The purposes of the SDP Project are to provide the government with a data‑driven understanding of the reasonable costs of delivering safe and quality ECEC services, including where costs vary by cohort, location, care or business types.
Protected information
1.48Part 2 of Schedule 2 to the bill broadens the scope to use, disclose and publish protected information relating to approved providers and their childcare services.
1.49This Part also expands the Secretary's power to publish information, including protected information, relating to an approved provider or their child care service, to:
promote transparency and accountability regarding the administration of Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) by the provider;
promote quality and safety of child care services of the provider; or
encourage compliance by the provider with the family assistance law.
Technical amendments
1.50Part 3 of Schedule 2 of the bill makes two technical amendments to the Family Assistance Administration Act.
1.51The first technical amendment clarifies the definition of 'debts' for the purposes section82 of the Family Assistance Administration Act to include a debt due under section71DA (debts for CCS or ACCS paid for absences which occur before a child's first attendance or after last attendance at a service).
1.52The second technical amendment updates paragraph 137A(1)(b) of the Family Assistance Administration Act to ensure consistency between internal reviews and Administrative Review Tribunal (ART) reviews by ensuring that both allow up to four weeks of CCS back pay following voluntary notification of an Aboriginal and/or Torres Strait Islander child.
Financial implications
1.53According to the Explanatory Memorandum, the international education integrity measures in Parts 1 to 8 of Schedule 1 to the bill would have no financial impact. Cost recovery arrangements in relation to the TEQSA measures in Part 9 of Schedule 1 to the bill are to be implemented from 2027, and costs until then are to be absorbed by TEQSA, resulting in no net financial impact. Uncapping places for First Nations medical students in Part 10 of Schedule 1 to the bill is estimated to cost $3.22 million over the next four years.
1.54The ECEC measures in Schedule 3, Parts 1 to 4, including the SDP Project measure, protected information measure or technical amendments, are projected to have no financial impact. The date of effect measure in Schedule 2, Part 4 is anticipated to have no cost. However, the amendments provide a mechanism for individuals to take action to require the Commonwealth to pay compensation, if the retrospective amendments were to result in the unjust acquisition of property.
Consideration by other parliamentary committees
1.55When examining a bill, the committee considers any relevant comments published by the Senate Standing Committee for the Scrutiny of Bills (Scrutiny Committee) and the Parliamentary Joint Committee on Human Rights (Human Rights Committee).
1.56The Scrutiny Committee considered the bill in its Scrutiny Digest 6 of 2025. The Scrutiny Committee noted that amendments contained in Part 2 of the bill, regarding the management of provider applications, would allow the Minister to make legislative instruments that were exempt from disallowance and therefore not subject to parliamentary oversight. The committee also observed that the Minister would be required to consult with TEQSA, the National VET Regulator, the Secretary and any other ESOS agencies before making such an instrument, but that failure to consult would not affect the validity of any instrument. Ministerial responses were sought but had not been published at the time of writing.
1.57The Human Rights Committee considered the bill in its Human rights scrutiny report 6 of 2025. The Human Rights Committee indicated that proposed amendments to the Family Assistance Administration Act would provide new authorisation for a person to record, disclose or use protected information where the Secretary reasonably believes that it is necessary for research, monitoring, evaluation or reporting, statistical analysis, or policy development of matters of relevance to a department administering any part of the family assistance law. The Human Rights Committee indicated that further information would be required to assess the impact of this measure on the right to privacy. Ministerial responses were sought but had not been published at the time of writing.
Conduct of the inquiry
1.58The bill was referred to the Senate Education and Employment Legislation Committee (the committee) for inquiry and report on 30 October 2025. The committee advertised the inquiry on its website and invited submissions by 14November2025.
1.59The committee accepted and published 47 submissions on its website, which are listed at Appendix 1.
Acknowledgments
1.60The committee thanks those individuals and organisations who contributed to the inquiry by preparing written submissions.