Updates: February, 2011

Relief as draft TEQSA legislation released

Release date: 25 Feb 2011
The release of draft legislation to establish the Tertiary Education Quality and Standards Agency by tertiary education minister Chris Evans is the first time debate on its content will be extended beyond the previous closed door consultations.
Peter Coaldrake, chair of Universities Australia, issued a statement roundly welcoming its release and the majority of its content, describing it as "sound and workable".
But he said there were still concerns about universities' ability to self-accredit courses and several transitional issues which still needed to be addressed.
But postgraduate students are frustrated that some of the language on standards in the legislation has been watered down in the effort to allay university concerns over autonomy. Students now fear that there will be little in the new system to ensure the quality of postgraduate courses.
In particular students are disappointed that the legislation has dropped a specific reference to TEQSA being able to use "maintaining a particular student/teacher ratio" as a possible condition of registration. It has been replaced with the vauger "maintaining a particular staffing profile."
Tammi Jonas, policy advisor at the Council of Australian Postgraduate Associations said the change "doesn't instill a lot of confidence that coursework postgrads will be ensured a high quality experience in smaller classes."
"While we would be loathe to see universities lose their relative autonomy, as public institutions they must be held accountable for providing a quality experience for students. We're not sure the draft legislation assures this yet," she said.
"If the provider standards don't really address real standards for minimum resources, then the new body is of very little interest to postgraduates," she said.
Final provider standards are still being developed with a third-draft expected to be released soon.
Senator Evans said the legislation would be introduced into Parliament on the week of 21 March and he would also refer it to a senate committee.
"This is important legislation for the future of higher education in Australia and it is important that it be subjected to scrutiny and debate," he said in a statement.
"As higher education goes through a period of expansion, it is important for Australia to have a national system of regulation to assure the quality of all providers."
Jeannie Rea, national president of the National Tertiary Education Union, said significant gains had been made in negotiations about the legislation and was particularly encouraged by the inclusion of provisions that would minimise red tape and ensure "the regulation of standards and quality are risk based and proportionate". In other words, private providers will be subject to more scrutiny than established universities.
Opposition higher education spokesman Brett Mason also supported the legislation, saying "at first blush [it] has much to commend it".
"Australia's higher education sector is simply too small and too inter-connected to sensibly have a multiplicity of [state and national] regulators."
Source: The Australian

Push for probe on foreign student 'rip-off'

Release date: 25 Feb 2011
AUSTRALIA'S elite crime fighting body has recommended an investigation into an alleged rip-off of foreign students at a private education provider in Melbourne, amid claims that regulation of the industry is failing.
The intervention of the Australian Crime Commission in the case raises fears that the thousands of international students in the booming education market are vulnerable to exploitation by bodgey operators.
In a confidential June report, an ACC officer warned also that illegal-sex-trade players could abuse student visas to bring people to Australia.
The June report outlined allegations that the International Business and Hospitality Institute (IBH) in Melbourne, set up by two Chinese businessmen in November 2005, may be exploiting overseas students and be involved in criminal conduct.
It is believed the report also raised concerns that measures to police the overseas-student trade appeared inadequate.
But eight months after the report recommended state and federal authorities investigate, IBH remains fully accredited.
Former IBH student Ivy Xu from China told The Age that, despite paying $6000 for a cookery course, she was told to take business studies. She said those classes ended prematurely last year and she was told to take a long holiday. Another former IBH student, Wendy Meng Ying, said she was told to take long holidays after being taught the same lessons repeatedly.
The ACC prepared the report after meeting a former senior IBH manager, Robert Palmer, who alleged that education and immigration authorities had not investigated concerns he had raised with them in June.
The Federal Government oversees the international education industry, but largely relies on states to police the sector.
Mr Palmer told The Age he contacted the ACC after the state regulator, the Victorian Office of Training and Tertiary Education (OTTE), appeared uninterested in claims that up to 30 Chinese students had been duped into handing over thousands of dollars for substandard training and classes.
As recently as a fortnight ago ? seven months after Mr Palmer made his first complaint ? IBH's Chinese students were being told to remain on holidays. The students also said they were refused fee refunds.
Mr Palmer, a veteran teacher who is taking legal action against IBH to reclaim allegedly unpaid debts, said the failure of education authorities to act quickly had left students open to exploitation.
"I am very, very disappointed with OTTE. It is the regulator, although when you go to it to complain, you don't even get acknowledgement.
"Only the crime commission took the time to hear my complaint. It thought there was substance to it and handed it on to the Australian Federal Police," Mr Palmer said.
An AFP spokesman last night confirmed it had received the ACC report. He said that in November, the AFP had assessed it and sent it to the immigration department.
The Victorian OTTE's director, Terry Stokes, said the regulator had conducted audits of the school last year and the school had agreed to an overhaul. He said an investigation into IBH continued and his office had recently met IBH's representatives to discuss concerns.
The chief executive of the Australian Council for Private Education and Training, Tim Smith, said he had heard of complaints about IBH only when he was contacted by OTTE a week ago.
Mr Smith said the council, which represents 11,000 education providers, took immediate action to help relocate the small number of students still enrolled at IBH.
"IBH had failed to meet the obligations to its students. We put the students first and are helping them move to other providers," he said.
Immigration consultant Bob Kinnaird said quality control of the $5 billion overseas-student education market was struggling. "It is growing like topsy but the enforcement levels are not keeping up to the pace of growth," he said.
The International Business and Hospitality Institute was set up by 22-year-old Huang "Michael" Fu and 47-year old Guanxi "Jeff" Lui.
Mr Fu claimed to have been backed by several major Chinese-based investors who wanted to set up a "world-class" education facility for overseas students that offered English, business and hospitality courses.
Mr Fu hired Mr Palmer to help the institute get the state accreditation needed to tap into the international student market.
But in May last year, three months after the business was registered and began charging students, Mr Palmer and several other teachers were dismissed and staff began to complain about the poor standard of teaching.
Mr Fu refused to be interviewed by The Age, citing his poor English and lack of current knowledge about his own business because he had been living in China.
But he denied his school had been involved in any criminal activity. In written responses to questions, he said the school had been run properly until late last year and if there were problems, they were caused by Mr Palmer's three months at the school in 2006.
But Mr Palmer complained to the state regulator and the immigration department shortly after he left the school and the audits critical of IBH were conducted months after his departure.
Mr Palmer said promises to provide proper teaching material, furniture and equipment were ignored by the institute and that questions surrounded the withdrawal of thousands of dollars from the student's trust fund.
Documents given to The Age appear to support Mr Palmer's claim that some contracts sent to students had forged signatures.
"Not only were the documents false that were given to prospective students, but the students had got visas on the basis of those documents only to find out the courses they had been offered did not match up (when they got to Australia)," said Mr Palmer."
The IBH allegations follow other scandals involving education providers and overseas students. Earlier this month, The Age revealed that Chinese nurses on training visas were being used illegally to cover shifts at nursing homes.
Top 10 nationalities

China 13,429
India 11,209
Malaysia 5768
Indonesia 3672
Hong Kong 3007
Singapore 2419
Sri Lanka 1575
Thailand 1469
Republic of Korea 866

Japan 706
Other 9681
TOTAL 53,801

Source: The Age

Student accommodation too costly

Release date: 24 Feb 2011
International students are mostly satisfied with studying in Australia, but a large minority say the costs of accommodation and living are too high, a survey has found.
The International Student Barometer, a survey for Universities Australia, the peak representative body for universities, received responses from more than 36,000 international students and was conducted at the height of tensions over visa changes and safety concerns, which resulted in international student numbers plummeting.
It found 86 per cent of students were satisfied with their education and 76 per cent would recommend their university. But 40 per cent of students were unhappy with the cost of accommodation, and 39 per cent said general living costs were too high.
Advertisement: Story continues below "Despite satisfaction with living overall, cost is an issue. The cost of accommodation, cost of living, difficulty finding employment [and] visa advice all emerge as concerns," the survey says.
Universities Australia chief executive Glenn Withers said the survey showed most international students had a good experience studying in Australia. But he said universities should not take the results for granted.
"We do not and must not see the world through rose-coloured glasses. The ISB survey also confirms there is no room for complacency and still room for improvement," Mr Withers said.
The survey found a significant increase in concern over accommodation costs in 2010, which was partially attributed to the global financial crisis.
Its authors warned that continued economic gloom could affect the choices of potential students in the future.
"The effects of the recession still linger, the Australian dollar is still high, and the accommodation market generally tight. Should this economic environment carry through into 2011 the sector will face a continuing challenge and this will affect demand from China," the survey said.
China is the top source country for international students coming to Australia, and universities successfully lobbied the federal government to amend visa processing for Chinese student applicants in December over concerns onerous financial requirements would cripple the market.
Source: The Age


Migrant tribunals under resource pressure

Release date: 21 Feb 2011
pplications to the Migration Review Tribunal (MRT) are up 26 per cent while applications to the Refugee Review Tribunal (RRT) are up 32 per cent.
"Our workload is increasing," tribunals head Denis O'Brien told a Senate estimates hearing.
More than 5900 applications were lodged with the MRT and 1646 with the RRT in the financial year to January 31.
Decisions in the RRT were up 31 per cent in the same period, with 75 per cent made within the recommended 90 day period. The average decision time was 95 days.
But decisions in the MRT were down 28 per cent in the same period, Mr O'Brien conceded.
"The decrease in MRT decision output - despite the increase in lodgements - is principally due to the substantial increase in our RRT work to which we must give priority," he said.
"Can I say that our resource difficulties have been exacerbated by the recent loss of a number of experienced RRT members."
Eight tribunal members had taken leave of absences for placements inside the Department of Immigration and Citizenship, he said.
As at January 31 there were 829 active cases before the RRT and 9731 before the MRT.
"We just can't afford to let that backlog continually increase without trying to address it," Mr O'Brien said.
Mr O'Brien said he hoped to have new staff in place by the middle of the year.
The increase in MRT applications was due in large part to a massive increase in student visa review applications sparked by recent law changes, Mr O'Brien said.
The MRT reviews departmental decisions made on general visas while the RRT reviews decisions made on protection visas.
Source: The Courier Mail