Australia prioritises amendments to ESOS Act in legislative agenda

The Australian government has signalled that amendments to the Education Services for Overseas Students (ESOS) Act 2000 are back on the table for 2025/26. The move comes in the wake of the failed attempt to pass The Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 last year, a bill that would have formalised controversial caps on foreign enrolment alongside a range of additional measures.

In the end, the bill was withdrawn in November 2024 with the government instead introducing Ministerial Direction 111 (MD111) as a mechanism for limiting the inflow of new international students. That mechanism – which functions as a de facto cap on new enrolments – was refreshed and extended recently when adjusted limits were announced for 2025/26.

On 16 July 2025, Minister for Education Jason Clare released his department's legislative blueprint for the coming year. Building a Better and Fairer Education System sets out a series of education reforms, most of which are concerned with reducing student debt, strengthening the system at all levels, and improving access.

The paper, however, also highlights the government's intention to revisit amendments to the ESOS Act. It cites as a legislative priority for 2025/26 that the government will introduce "amendments to the Education Services for Overseas Students Act 2000 to strengthen integrity in the international education sector, combat the exploitation of overseas students, and address behaviours which seek to exploit the migration system."

The thrust of those forthcoming amendments this year appears to be on accountability and integrity in student recruitment and delivery of programmes and services to visiting students. The paper nods at MD111 and its impact in controlling student numbers, adding that, "Reforms introduced in 2024, including Ministerial Direction 111, aim to restore sustainable student numbers and focus on genuine students and providers."

It suggest as well, however, that the government will pursue a more consultative approach this time out, indicating that Australia, "Will continue engaging with the sector to shape future policy and regulatory settings, supporting a long-term strategy developed in consultation with stakeholders."

For additional background, please see:

• "Australia raises enrolment limits for 2025/26 but are they reachable?"
• "Australia revives international enrolment caps via new ministerial directive"
• "Australia’s enrolment cap legislation is stalled. What happens next?"