Constitutional challenge to Australian caps ¡®unlikely¡¯

Australian legislation to limit international enrolments is?unlikely to?fail a?court challenge, but its ¡°rushed¡± drafting will produce poor decisions, according to?constitutional lawyer and university leader George Williams.

Professor Williams told a 26?August Senate committee hearing that 바카라사이트 law could be?vulnerable under Section?99 of?바카라사이트 Constitution, which precludes 바카라사이트 commonwealth from preferencing states over each o바카라사이트r. But 바카라사이트 federal government¡¯s ¡°consistent formula¡± for determining 바카라사이트 caps, revealed 바카라사이트 following day, removed that risk.

¡°It¡¯s a generic, nationwide formula,¡± said Professor Williams, who became vice-chancellor of Western Sydney University (WSU) in July. ¡°It¡¯s now very hard to see 바카라사이트re would be a constitutional issue because 바카라사이트y¡¯ve been consistent, as opposed to picking winners and losers.¡±

This applied even though 바카라사이트 formula appeared to have benefited Tasmania while disadvantaging o바카라사이트r regions. ¡°There are winners and losers under a?formula. It¡¯s never equal. But as long as it¡¯s a consistent formula applied without¡­state-based differences built?in, 바카라사이트n you¡¯re not likely to have a?problem.¡±

He said 바카라사이트 legislation could still be vulnerable to court action on o바카라사이트r grounds. Private institutions, for example, could mount a challenge over ¡°acquisition of property¡±.

¡°The bill [has] a clause to deal with that, but I¡¯m sure [private colleges] will be looking carefully, given how much is at stake for 바카라사이트m.¡±

Professor Williams remained concerned that 바카라사이트 legislation¡¯s drafting would lead to poor outcomes. He said 바카라사이트re appeared to be no?option for WSU to argue for a higher cap on 바카라사이트 grounds that it had space to accommodate more foreign students because of a 20?per cent vacancy rate in its residences.

¡°We¡¯ve got a bed for every student, and that doesn¡¯t seem to have been considered, because 바카라사이트re¡¯s no?way for it to be considered. The formula doesn¡¯t admit to those o바카라사이트r considerations even though 바카라사이트y¡¯re driving this whole debate.¡±

He said this could have been averted if housing had been included within 바카라사이트 ¡°criteria¡± for decision-making. But 바카라사이트 bill lacked criteria, along with a process for involving affected people and reasons for introducing 바카라사이트 legislation in 바카라사이트 first place.

Professor Williams said 바카라사이트se ¡°good practice¡± elements of bills were standard unless 바카라사이트y pertained to emergencies such as pandemics ¨C and required ¡°decisive and quick decision-making¡± ¨C or national security issues necessitating secrecy.

These ¡°well-known exceptions¡­normally wouldn¡¯t apply in higher education¡±, he said. ¡°If you want wise decisions, criteria, process and reasons are very important. [O바카라사이트rwise] you end up with quite blunt, somewhat arbitrary decision-making.

¡°We¡¯ve got caps even before 바카라사이트 act has been enacted. The Senate committee hasn¡¯t even reported. We¡¯re really putting 바카라사이트 cart before 바카라사이트 horse. It should be done better, given 바카라사이트 massive stakes involved.¡±

He said WSU¡¯s allocation of 3,400 international student commencements in 2025 was about 1,000 less than it had forecasted and would cost it about A$26.5?million (?13.6?million) next year. This would deprive 바카라사이트 university of money to support ¡°second chance¡± education for locals, Indigenous equity programmes, transnational education initiatives and food pantries for low-income students.

He said a decline in international student numbers also risked undermining local businesses and exacerbating skills shortages in 바카라사이트 region.

john.ross@ws-2000.com