This bill became law on Nov 6th, 2023.
Education & skills
All First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas., including those in cities, can get Commonwealth-supported places in eligible bachelor and honours courses at public universities, with no cap on how many of these places can be funded.
The Australian Universities AccordA government review of higher education that this bill is meant to respond to. interim report found the 50% pass rule was overly punitive and hurt under-represented students, while metropolitan First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. were left outside demand-driven funded places. This bill removes the pass rule, restores access to Commonwealth support, requires student support policies, and expands funded places to all First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas..
Australia already funded uncapped university places for First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. from regional and remote areas, but metropolitan First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. were excluded and the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. could strip struggling students of Commonwealth support and FEE-HELPA government loan that helps eligible students pay their remaining student contribution or fees.. In 2023 the government used this bill to extend demand-driven places to all First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas., scrap the pass rule, restore eligibility and force providers to offer structured academic support, and it became law in November 2023.
The main criticism was that the bill moved too quickly on interim AccordA government review of higher education that this bill is meant to respond to. recommendations and removed the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. without enough proof that standards, accountability and student outcomes would be protected. That case was raised mainly by Coalition speakers and was mostly conditional, because they still facilitated passage while pushing for closer Senate scrutiny and stronger safeguards.
Hon Jason Clare MP introduced this bill. It passed with support from Labor, Greens, Jacqui Lambie Network, some crossbench members; opposed by Liberal Party, Nationals, One Nation, UAP, some crossbench members.
Did it become law?
Yes
Became law 06 Nov 2023
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
95 days
From introduction to the latest recorded parliamentary step
Meaning
All First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas., including those in cities, can get Commonwealth-supported places in eligible bachelor and honours courses at public universities, with no cap on how many of these places can be funded.
Students no longer lose Commonwealth-supported places just because they fail more than half their units, so they do not have to pay upfront, transfer, or leave study for that reason.
Students who had already lost FEE-HELPA government loan that helps eligible students pay their remaining student contribution or fees. because of the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. can qualify again, because that pass-rate testThe old rule that could cut off government support if a student failed more than half their units. is removed altogether.
Universities and other higher education providers must have and follow a student support policyA required policy that says how a provider will identify struggling students and support them to finish their units. that identifies struggling students and spells out what helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. they will get to finish their units.
Universities and other higher education providers must report to the Education Minister on whether they are following their student support policyA required policy that says how a provider will identify struggling students and support them to finish their units., and non-compliance can bring a civil penalty of 60 penalty unitsA standard unit used to set the size of a civil fine; 60 penalty units is the penalty mentioned here..
The amendments in Part 1 of Schedule 1 to the Bill to expand eligibility for places in demand driven higher education courses, will mean that the Commonwealth will provide funding on a demand driven basis for all First Nations students to enrol in bachelor and bachelor honours level courses (other than a designated higher education course, currently a course in medicine) at a Table A provider (under section 16-15 of the HESA). This means there will be no cap on the number of First Nations students that can enrol in Commonwealth supported places, and that Table A providers will receive Commonwealth funding for all First Nations students under Part 2-2 of HESA.Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum
The amendments in Part 2 of Schedule 1 to the Bill will remove the current requirement for students to maintain a pass rate above 50 per cent of the units of study they undertake, which is assessed after students have completed eight units in a bachelor degree or higher, or four units in all other cases. Students who cannot maintain this pass rate currently lose eligibility for Commonwealth assistance, and must either pay for their course upfront, transfer to another course, or withdraw from their studies.Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum
The repeal of section 104-1A will mean that all students (regardless of whether they have, due to the operation of this section, been found previously to not be eligible for FEE-HELP assistance) will not need to meet the pass rate requirements to be eligible for FEE-HELP assistance.Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum
In order to motivate higher education providers to provide appropriate support for students to assist students to successfully complete their studies, the amendments in Part 2 also insert a new requirement that higher education providers must have, and comply with, a policy that addresses the support higher education providers will provide to their students, in order to assist them to successfully complete the units of study in which they are enrolled. This will require higher education providers to demonstrate how they will support their students experiencing academic difficulties. This includes, but is not limited to, the provider having processes for identifying students at risk of not successfully completing their units of study and supports available to students to successfully complete their studies.Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum
As such, a provider’s failure to comply with its support for students policy, and any failure to give a report to the Minister about its compliance with its support for students policy, that includes the information required by the Higher Education Provider Guidelines, and at the times specified in those Guidelines, will attract a civil penalty of 60 penalty units. This is consistent with similar provisions in HESA, such as section 19-70, which provides that failure of a provider to give the Minister information in the form approved by the Minister and in accordance with such other requirements as the Minister makes will attract a civil penalty of 60 penalty units.Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum
Context
Australia already funded uncapped university places for First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. from regional and remote areas, but metropolitan First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. were excluded and the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. could strip struggling students of Commonwealth support and FEE-HELPA government loan that helps eligible students pay their remaining student contribution or fees.. In 2023 the government used this bill to extend demand-driven places to all First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas., scrap the pass rule, restore eligibility and force providers to offer structured academic support, and it became law in November 2023.
Demand-driven fundingA funding setup where eligible students can take a place and the government funds the provider without a fixed cap on numbers. starts for regional and remote First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas.
Earlier reforms guaranteed funded university places for First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. from regional and remote areas, leaving metropolitan First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. outside that uncapped arrangement.
Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum ↗Government introduces a bill to remove the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. and expand funded places
The bill was introduced to end a rule described as overly punitive for under-represented students and to extend demand-driven Commonwealth supported places to all First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas..
Parliamentary timeline; Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) explanatory memorandum ↗Parliament passes the bill
Both houses passed the measure, clearing the way to restore Commonwealth support eligibility and require higher education providers to maintain student support policies.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. turned the bill into an Act, locking in uncapped funded places for metropolitan First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. and removing the pass-rate testThe old rule that could cut off government support if a student failed more than half their units. from Commonwealth assistance rules.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Committee (10/08/2023): Senate Education and Employment Legislation CommitteeThe Senate committee the Greens wanted to refer the bill to for closer inquiry and scrutiny.; Committee report (11/10/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Recorded vote: 35 to 29.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Recorded vote: 35 to 29.
The chamber considered amendments before the bill moved to the next stage.
Third reading agreed to :
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main accepted Senate changes reflected in the final bill were: The introduced and as-passed bill texts differ in 1 observed text block. Observed text changed from "1.
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill moved too quickly on interim AccordA government review of higher education that this bill is meant to respond to. recommendations and removed the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. without enough proof that standards, accountability and student outcomes would be protected. That case was raised mainly by Coalition speakers and was mostly conditional, because they still facilitated passage while pushing for closer Senate scrutiny and stronger safeguards.
Criticism was real but limited; no party represented in the debate opposed the bill’s overall equity goals.
Too much change before full scrutiny
Critics argued the bill was based on unfinished interim recommendations and should not proceed in its original form until the Senate had examined the changes more closely. The concern was less about the bill’s goals than about legislating before the evidence and wider AccordA government review of higher education that this bill is meant to respond to. process were complete.
Risk of weaker standards and accountability
Some supporters warned that removing the pass-rate rule could keep public funding flowing to students who were not ready or not passing unless universities were held to stronger support and accountability measures. They questioned whether the new student support policyA required policy that says how a provider will identify struggling students and support them to finish their units. requirements were tough enough on their own.
Bill seen as too narrow
The Greens said the bill made useful changes but was only a small step that left bigger problems untouched, including student debt, unpaid placements, university governance and staff conditions. This was a criticism of scope rather than an argument against the bill passing.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 35 to 29. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Earlier bill-stage votes
Passed 35 to 29. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Passed 35 to 29. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Defeated 51 to 88. Support came from Liberal Party and Nationals. Opposition came from Labor, Greens, Centre Alliance, Katter's Australian Party, and minor parties and independents. Minor-party and independent votes were split.
The amendment was defeated, so the House proceeded with the bill's second reading without that extra call for scrutiny.
Passed 84 to 47. Support came from Labor, Greens, Centre Alliance, Katter's Australian Party, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
The amendment was carried, allowing the bill to be passed by both chambers in the same form.
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Defeated 11 to 40. Support came from Greens. Opposition came from Labor, Liberal Party, One Nation, Jacqui Lambie Network, and minor parties and independents.
The amendment was defeated, so the Senate did not add that broader policy statement to the bill's second-reading motion.
Passed 35 to 29. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
The amendment was carried, shifting the start date for that part of the bill's changes to the new year.
Defeated 12 to 46. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, Nationals, One Nation, and minor parties and independents.
The request was defeated, so the bill did not expand the demand-driven Indigenous place arrangement to those postgraduate courses.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Clare supports the bill because it implements two of the Universities AccordA government review of higher education that this bill is meant to respond to. interim recommendations, including removing the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. that he says has pushed too many students from poor backgrounds out of university.
Read in Hansard ↗O'Sullivan says the opposition will oppose the bill because it is being rushed through without enough evidence, consultation, or detail.
Read in Hansard ↗Pasin says the opposition will facilitate passage of the bill, but only after criticising it as incomplete because it lacks stronger accountability measures for universities and raises concerns about student debt, completion rates and the new student support policyA required policy that says how a provider will identify struggling students and support them to finish their units..
Read in Hansard ↗Haines supports the bill, especially its helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. for First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas. and its removal of the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units., which she says unfairly punished disadvantaged students.
Read in Hansard ↗All speeches by bloc
40 speakers · 43 contributions · 40 support
Hansard records 2 separate contributions by Jason Clare on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Clare supports the bill because it implements two of the Universities AccordA government review of higher education that this bill is meant to respond to. interim recommendations, including removing the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. that he says has pushed too many students from poor backgrounds out of university. He presents it as part of a broader package to improve access and equity in higher education.
“This bill implements recommendations 2 and 3.”Read this contribution in Hansard ↗
Second reading speech
Jason Clare supports the bill, saying it takes the first steps to widen university access by replacing the punitive 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. with stronger student support and expanding demand-driven places for Indigenous studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas.. He says it will helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. disadvantaged students succeed and urges the bill to pass efficiently, while opposing the Bradfield amendment.
“The government will oppose the second reading amendment offered by the member for Bradfield, but I'm hopeful that we can work together on getting this bill through the parliament efficiently so that we can start helping the students whose lives it will improve.”Read this contribution in Hansard ↗
“This legislation is necessary to implement two of those.”Read the full speech in Hansard ↗
“That's what this bill does. It's what our government is doing—setting up a higher education system that is accessible, that is fair and that puts our country in a place where we are creating people who can do the jobs of the future.”Read the full speech in Hansard ↗
“I'm extremely pleased that, through this bill, the accord process and a number of other means, the Albanese government is committed and is acting on ways to open the door of opportunity for more Australians to gain a university education.”Read the full speech in Hansard ↗
“The Australian universities accord aims to create a larger and fairer higher education system delivering equal access for all irrespective of their location, their financial circumstances, their cultural background, their gender or any other factor. At the end of the day people are people. We need them to be educated, and we need them to be thinking and contributing not only to society but also to our economy and to our tax base. When people go to uni, they earn more money and pay more tax. That is one of the big reasons we should be supportive of this bill. We should also support it because it will make our country a smarter and better place to live.”Read the full speech in Hansard ↗
“This bill and the recommendations outlined in the interim report represent a landmark moment for higher education and for our nation. It's a pivotal step to ensuring the continued excellence, accessibility and sustainability of Australian universities. Our universities have long been the bedrock of innovation, research and the cultivation of young minds. This bill responds to the concerns raised in the interim report with a comprehensive approach that will not only address existing problems but also lay the foundation for a brighter, better educational future for Australia. I commend the bill to the House.”Read the full speech in Hansard ↗
“It's not just the students of today that we must act urgently to protect—it's the kids that will be there tomorrow and for generations to come. That is why I support these reforms and why I commend the minister on the work he is doing. I support this legislation, and I commend it to the Senate.”Read the full speech in Hansard ↗
“So I feel that the costs of living for students are something that needs to be looked at more closely, to see what we can do to better support students as they embark on studies, be it in university or TAFE. Our fee-free TAFE is a fantastic example of this. I had the great opportunity to meet with some students from the Canberra Institute of Technology who were meeting with Minister Brendan O'Connor and the Prime Minister today and to hear about the difference that being able to access fee-free TAFE has made to them. They were studying in a range of priority areas such as early childhood education, cybersecurity and hospitality. It is so important that people have a range of options when they finish school to pursue these things, so I wish those students the best again. As I've talked about, part of this bill is also about supporting students to be able to study while they're at university. I'm so proud to be part of a government that values our university sector and what it can offer for all Australians. I commend this bill to the House.”Read the full speech in Hansard ↗
“This interim report is in two parts. The first part sets priorities for immediate action. It makes five recommendations and says the government should act on these now ahead of the more detailed final report. The Albanese government is committed to act on these recommendations as a priority. Two of these will require legislative amendments, which is what this bill will do. One of these amendments will be to extend demand driven funding to metropolitan First Nations students. This amendment will allow all First Nations students, including students living in metropolitan areas, such as Moreton in Brisbane, to be eligible for demand driven Commonwealth supported places in eligible higher education courses.”Read the full speech in Hansard ↗
“I commend this bill to the House.”Read the full speech in Hansard ↗
“That is why I support the measures in this bill. Ceasing the 50 per cent pass rule will give students an opportunity, if they have had a tough year, to keep studying. They may have a better year the year after. Extending the demand-driven funding for metropolitan First Nations students, not just for remote and rural students, will give every First Nations student the opportunity to study.”Read the full speech in Hansard ↗
“This bill in response to the interim report of the Australian Universities Accord is the first step to building a brighter future for all Australians and for our country.”Read the full speech in Hansard ↗
“But this legislation is not just about what we build. It's about making sure that, once people enter those buildings or indeed online universities or study remotely, which I have also participated in, the quality of that education is incredibly high. As we seek to open those doors of opportunity just a little wider for more Australians to go to university, we're doing some of the priority actions from the interim report.”Read the full speech in Hansard ↗
“Labor is committed to ensuring that we provide more opportunities to get to university for those who currently struggle to find a pathway into university. This bill flows from an interim report by a panel which is chaired by Mary O'Kane and whose other members are Barney Glover, Shemara Wikramanayake, Jenny Macklin, Larissa Behrendt and Fiona Nash. Commissioned by Education Minister Jason Clare, this is the most important higher education review in 15 years—that is, since the Bradley review. Among its recommendations are recommendations contained in this bill. One of those is to remove the 50 per cent pass rule and to improve student support.”Read the full speech in Hansard ↗
“This bill goes towards that. That's why I recommend to all honourable members to support this and the referendum.”Read the full speech in Hansard ↗
“I rise to speak in support of the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. This bill amends the Higher Education Support Act of 2003 to implement priority recommendations of the Australian Universities Accord interim report released by the Minister for Education on 19 July 2023.”Read the full speech in Hansard ↗
“There is no doubt there are opportunities for reforming universities. In my last few moments, I would like to reference the work that's been done to increase safety on campuses. Being safe on campus is something students have raised as their No. 1 issue. We're really committed to doing that. The working group that has been put together will be looking closely at what can be done. This is not something that universities have been able to address. They have made a lot of commitments to addressing it, but it does need us as the federal government to take a leadership role and support them to ensure they create very safe places for every student on campus. That's one of the fundamentals of a strong university sector. I commend this bill to the House.”Read the full speech in Hansard ↗
“I support the passage of this bill. I am proud the Albanese Labor government is delivering on its commitment to deliver a better future for every Australian.”Read the full speech in Hansard ↗
“This bill is the response to the interim report and implements its recommendations, and I commend the bill to the House.”Read the full speech in Hansard ↗
“I'm very pleased to say that this bill removes that callous, inconsiderate rule. Since being elected in May 2022, we've started the process of writing the wrongs of those opposite through the Australian Universities Accord process. The interim report, led by Professor Mary O'Kane AC, makes five recommendations for priority action to make a difference to the experience of university students. We are urgently taking action on all five of these recommendations, and this bill deals with two recommendations which require a legislative response.”Read the full speech in Hansard ↗
“I'm pleased to support this amendment bill because it does just that, remove the unfair and unjust rule that affects students who are doing it tough.”Read the full speech in Hansard ↗
“That's why I stand today in support of the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. This bill is all about taking the first important steps to overhauling our tertiary education system. It builds on our fee-free TAFE reform and ensures better access and outcomes after nine years of neglect and incompetence by the former coalition government.”Read the full speech in Hansard ↗
“The first of these actions is in response to the disastrous rule brought about by the previous government. Currently students must maintain a pass rate in at least 50 per cent of the units that they are studying in their course to remain eligible for Commonwealth assistance.”Read the full speech in Hansard ↗
“This bill implements the priority recommendations of the Australian Universities Accord interim report. We are creating university study hubs in our regions and outer suburbs. These study hubs have been successful in helping students, particularly those from rural and regional areas, adjust to universities, because they are located closer to home, closer to family support and networks. We think students shouldn't have to leave their community to succeed at university. We are scrapping the 50 per cent pass rule. It has disproportionately affected First Nations students, those of low socio-economic status, those who are first in family, and other underrepresented cohorts of students. We should be helping students to succeed, not punishing them when they fall behind and forcing them to quit.”Read the full speech in Hansard ↗
“The recommendations outlined in this bill are incredibly important if we are to truly help disadvantaged students in my electorate and across the nation to fulfil their potential. I commend the bill to the House.”Read the full speech in Hansard ↗
“This bill is about ensuring that the same opportunity is afforded to many, many more Australians. In commending this bill to the House, I thank the minister for his tireless work in this space and, on behalf of our community, I thank him all that he does to create accessible pathways to education and further training for the community that I live in.”Read the full speech in Hansard ↗
“These measures are an important start to university reform in Australia. There is so much more to be done, but they represent a measured and principled response from the Albanese government to restore the higher education sector back to its former glory. After a decade of cuts and neglect from those opposite, this is a good start to getting universities and their students back on track. I commend the bill to the House.”Read the full speech in Hansard ↗
“The pass-rate requirements were originally introduced in January 2022 by the former coalition government as part of its Job-ready Graduates program to dissuade students from continuing in courses that they were not academically suited for. However, the practical effect of these measures has been overly punitive for students. I want to be clear that these changes to the pass rate are about increasing support, not about lowering standards. More than 13,000 students at 27 universities have already been hit by the rule. The pass-rate requirements have disproportionately affected students from First Nations, low-socioeconomic-status and other underrepresented or educationally disadvantaged cohorts. Those are the groups that achieve the most, particularly in social and economic development opportunities, when it comes to undertaking higher and further education. We must be helping students succeed, not forcing them to quit.”Read the full speech in Hansard ↗
“With this amendment today, we are acting on the recommendations that have already been made. The Albanese government is committed to removing barriers and supporting more people to access higher education, including those from disadvantaged backgrounds, First Nations Australians and those based in the regions.”Read the full speech in Hansard ↗
“This is one of the reasons I am proud to support this bill, which is going to remove the 50 per cent pass rule. The Albanese Labor government recognises that success is not measured by arbitrary thresholds but by the progress and determination of each individual.”Read the full speech in Hansard ↗
“Two of the priority action areas require legislative change, and that's what this bill is all about. The first one abolishes the 50 per cent pass rule, introduced as part of the Job-ready Graduates scheme, which has had a disproportionately negative impact on students from poor backgrounds and those in rural and regional Australia.”Read the full speech in Hansard ↗
“Hence we are investing $18.5 million to deliver microcredential courses in areas such as IT, engineering, health and education. Rather than having six career changes in your lifetime, a somewhat dubious claim, these short courses will enable people, young and older, to upskill or reskill with targeted work-ready skills.”Read the full speech in Hansard ↗
“This bill opens doors for all, and I know, if this bill is passed, many in my electorate of the Hunter will be able to walk through newly opened doors. I commend the bill to the House.”Read the full speech in Hansard ↗
“Today I welcome the legislation before us in the Senate. This bill vastly enhances our ability to support First Nations students in our universities, including in regional and remote areas across Australia. It improves education pedagogy and it introduces a wide range of equity supports so that our students are set up for success and have accessible pathways to education.”Read the full speech in Hansard ↗
“This bill represents the first tranche of dealing with some of the priority questions that were raised by the accord group. Those go to equity of access and our objective of ensuring more Australians go to university.”Read the full speech in Hansard ↗
“This bill will assist the disadvantaged to complete their university courses and open up our universities to Indigenous Australians—two of Gough Whitlam's great causes; two of Labor's great causes. The amendments in this bill are welcome not just for the changes they will bring but also for the message they convey: that is, education is front and centre of this government's agenda—always was, always will be. I commend the bill to the House.”Read the full speech in Hansard ↗
“I want you to know that this Labor government wholeheartedly agrees with that approach. We'll be making sure that every kid, young and not so young, gets access to high-quality education. This is not a matter that is simply for those that get to live in capital cities or go to certain sandstone universities of this nation. I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by David Smith on this bill. They are grouped here so the speaker is listed once.
Second reading speech
David Smith backs the bill and says it will helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. put higher education back on track by implementing the Universities AccordA government review of higher education that this bill is meant to respond to. interim report and expanding access and support for students. He presents it as a needed correction to the former government's higher education failures, especially on equity and access.
“That's why it's so important we pass the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill. We envisage a university sector that fosters a culture of compassion and one that is supportive to students. Education is not a solitary endeavour. It's a collaborative journey, where institutions, educators and policymakers share the responsibility for nurturing the minds of the future.”Read this contribution in Hansard ↗
Second reading speech
Smith supports the bill and says it should remove the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units., replace punishment with support for struggling and disadvantaged students, and expand access for Indigenous studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas.. He argues universities should helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. students complete their studies rather than dissuade them from continuing.
“This will end the 50 per cent pass rule that was introduced by the previous government as part of the Job-ready Graduates Package. Rather than supporting students who are struggling with the demands of academic life and getting them ready for life after university, this rule was intended to dissuade struggling students from continuing their studies.”Read this contribution in Hansard ↗
Hansard records 2 separate contributions by Zaneta Mascarenhas on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Zaneta Mascarenhas supports the bill and says it will helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. students by removing the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units., especially for students who are new to university or lack family experience in higher education. She argues the changes were developed through consultation and will improve outcomes for students and Australia.
“The measures introduced by this bill support students and have been finely calibrated based on consultations and reviews resulting from the formulation of guidelines that delineate from obligations of all universities. These guidelines underscore the identification of students facing challenges in their courses and mandate providing appropriate support to these individuals. The key provision of the bill is to cease the 50 per cent pass rule, which previously required students to pass 50 per cent of the units they undertook to receive Commonwealth supported places and fee-help assistance. Particularly as a country student, I saw many students struggle with that very first year of university—adapting to moving to the city and dealing with the autonomy of being a student. So I see this as being a rule that really benefits students who haven't had parents who have gone through the tertiary sector or who are new to a place. It will make sure that we actually see better outcomes for these students and also for Australia.”Read this contribution in Hansard ↗
Second reading speech
Mascarenhas strongly supports the bill, saying it will make higher education more accessible and fairer, especially for regional and First Nations studentsIn this page, the group now allowed to access uncapped funded places includes Aboriginal and Torres Strait Islander students everywhere, not just in regional or remote areas.. She argues it is a significant step forward that helps more Australians reach their potential and commends it to the House.
“I'm very grateful that our education system has served me well as these are opportunities that I might not otherwise have had, and this is a wish that I have for all Australians. This is why I wholeheartedly commend this bill to the House. I see it as a significant step forward in securing a brighter and more inclusive future for our nation.”Read this contribution in Hansard ↗
“So you can see, from the interim report and the trajectory of the government in regard to higher education, the direction that the government are going. We're doing what we can to tackle disadvantage and give people an opportunity. We're giving more opportunity to those students in regional and remote locations. We know that the final report, when it comes down, will be focused on how we can make it more affordable as well. So there is a clear government direction. I really encourage people to support this bill.”Read the full speech in Hansard ↗
10 speakers · 11 contributions · 4 support · 4 oppose · 2 mixed
“Notwithstanding my contribution, where I have outlined the opposition's chief concerns for the bill, I reiterate that the opposition will facilitate passage of this bill, which I commend to the House.”Read the full speech in Hansard ↗
“As I said at the outset, I commend the minister. I think the minister has correctly identified some of the real challenges we face in terms of access to tertiary studies. I certainly offer him my support and feedback in good faith, and will very willingly work with him to achieve great outcomes on behalf of regional students not just in my seat of Gippsland but right across rural and regional Australia.”Read the full speech in Hansard ↗
“I'm really pleased to talk on this Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023, which amends the Higher Education Support Act 2003. I am looking forward, at some point, to seeing equal respect and value placed on those who have incredible skills through university education as well as on those who have extraordinary talents and skills through the vocational sector. We need to get to a point where we place equal respect on those achievements and skills.”Read the full speech in Hansard ↗
“I urge the House to consider and support the amendment to the second reading that has been moved by the member for Barker. I'm sure this bill will pass through this chamber and go to the Senate. I hope the Senate have the opportunity to look more deeply into some of the issues that are being raised in this bill, because I really don't feel that we in this chamber have been given the opportunity to properly understand the urgency of this.”Read the full speech in Hansard ↗
“We held two constructive public hearings, and I acknowledge that some in the sector do support this bill. However, the gaps that are left that we've been able to expose through the inquiry leave us, as an opposition, in no other position but to oppose this bill. I guess the real key, and the main reason I want people to take home from this, is that there is an alarming lack of evidence to support the changes that are contained in this piece of legislation. The aims of the bill we can find some agreement on, but the way they're going about it, what they're doing and the lack of evidence to back up their decisions are very, very alarming. This is proving to be a pattern and a way of operating for this government. They do it in many other areas. We're seeing it in the committee I am on in the current inquiry into the closing loopholes bill. What we're seeing exposed there is the lack of real evidence behind, and justification for, some of the changes. That's what we're seeing with this bill as well. Policy should always be evidence based, and not based on flimsy evidence pulled out of the air.”Read the full speech in Hansard ↗
“Another point my colleague Senator Henderson, who is doing a fantastic job as spokesperson in this area for the coalition, has referred to is the fact that the minister, when he introduced this policy getting rid of the 50 per cent rule, quoted all sorts of statistics as to the number of students who have been prejudiced by the coalition's 50 per cent rule. But when the committee looked at the evidence it didn't support the minister's assertions. The minister asserted 'more than 13,000 students at 27 universities have been hit by this' in the past two years, mostly from disadvantaged backgrounds. This was proven to be demonstrably false, so this act as been put forward on false premises. The evidence doesn't support the basis upon which this act has been proposed. It simply doesn't support it whatsoever.”Read the full speech in Hansard ↗
“As I said, principally, the minister and the government have got this fundamentally wrong, and this bill should be opposed.”Read the full speech in Hansard ↗
“The other fact I'd like to address, and it's one which comes to this bill, is the reason we put in place a rule around students failing. This rule was put in place to stop universities churning students through units and courses that they were failing and racking up large HECS debts. The government needs to be honest about what they're doing.”Read the full speech in Hansard ↗
“Probably the other thing—and this goes to one of the elements of the bill that bears closer scrutiny and discussion as to why I support the amendments, and I'm an example of this myself—is that you value something more if you have to pay for it.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Aaron Violi on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Violi opposes the bill because he says abolishing the 50 per cent pass ruleThe old rule that could cut off government support if a student failed more than half their units. would leave more students exposed to large HECS debts without a qualification and weaken universities' incentive to support struggling students. He supports sending it to inquiry to examine the change in more detail, but his overall position is against the bill as drafted.
“By seeking to abolish the coalition's 50 per cent pass rule, the Albanese Labor government is failing to protect students at higher risk of not completing their courses from accumulating those higher HECS debts.”Read this contribution in Hansard ↗
Second reading speech
Violi says he broadly supports improving higher education and will back measures that strengthen the sector, but he is concerned about this bill's plan to remove the rule that students must pass at least half their units to keep Commonwealth support. He argues universities should be doing more to helpThe broader government loan system for higher education debt, which is mentioned as the source of HELP debt concerns on this page. students finish their degrees, but he wants to keep the existing eligibility safeguard.
“I have a concern in this bill around removing the requirements that students must pass 50 per cent of the units they study to remain eligible for the Commonwealth supported places and FEE-HELP assistance. This was introduced under the coalition's job-ready graduates program to make—”Read this contribution in Hansard ↗
4 speakers · 4 support
“This bill is a really welcome step to improve First Nations university participation by providing Commonwealth supported places for First Nations students in undergrad degrees. But education should be accessible as a lifelong pursuit, and we know that First Nations students experience pretty big financial barriers to participating at all levels of university, including at the postgraduate level.”Read the full speech in Hansard ↗
“Overall, this is a positive bill, and we support those recommendations. However, it goes nowhere near far enough to address the fundamental systemic problems with Australia's tertiary education sector. We're missing an opportunity here to retune, to act on many urgent issues in Australian universities. There are serious issues around students' experience and rights, and they're just not addressed by this bill.”Read the full speech in Hansard ↗
“The Greens of course think that the 50 per cent rule, which saw students lose government funding if they failed more than half of their subjects, should be scrapped. It was punitive and unfair and hit students who lacked support the hardest. And the Greens support improving access to universities for First Nations students. But, really, if the government were serious—if Labor were serious—about improving access to universities, they would do two things: take a leaf out of Whitlam's book and bring back free university education; and wipe the scourge that is the skyrocketing and surging student debt.”Read the full speech in Hansard ↗
“We are again, in our support of this bill, urging the government not to miss yet another opportunity to keep students safe from sexual assault.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“One Nation will not be supporting this bill. I think it hasn't been properly thought through. You're not considering the taxpayers out there, the hardworking taxpayers who want to see a return for their money. I think that we need to rein in the $60-plus billion debt we have out there. You need to have a responsibility. And get rid of the race based policies. If you want to fund kids in this country, do it right across the board for everyone who would dearly love to go to university. Stop picking and choosing and playing your race based policies in this country, because people have had a gutful of it. That was proven last weekend with the referendum. You will come unstuck with these policies, Labor, because I'll tell you what, the people have had enough. They'll start voting for the ones that are standing up for all Australians and are standing up for equality for all Australians, not this race based stuff that you keep throwing up in this parliament.”Read the full speech in Hansard ↗
5 speakers · 5 support
“I support the abolishment of the 50 per cent rule because I want to see support, not punishment, for students from disadvantaged backgrounds who are struggling, and I emphasise that I want to see support for our teachers, our lecturers—our university staff—many of whom are on a difficult employment contracts, to help those students succeed.”Read the full speech in Hansard ↗
“I rise in support of the government's Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. I have come to this place to represent the constituents of my electorate of Mackellar, and in doing so I represent all constituents of all ages, and of course that includes young people—people for whom this bill will have the most impact.”Read the full speech in Hansard ↗
“The bill also incorporates priority action 2, which recommends ceasing the 50 per cent pass requirement of a student's first eight units of their bachelor's degree to continue as a Commonwealth supported student and to be eligible for FEE-HELP assistance. In lieu, the focus will be directed towards increasing reporting on student progress. The goal of this is to eliminate disproportionate disadvantages of students from low-socioeconomic backgrounds. I support and welcome this change.”Read the full speech in Hansard ↗
“This bill addresses two of the five recommendations from the interim report—specifically, to cease the 50 per cent pass rule which disproportionately disadvantages students from equity backgrounds and really was acting as a deterrent to young people getting into and completing their tertiary studies; and expanding eligibility to all First Nations students, including those in metropolitan areas like Warringah, not just those in regional communities, because it's important we up the percentage of completion when it comes to tertiary education.”Read the full speech in Hansard ↗
“I welcome the two amendments to the Higher Education Support Act laid out in the Higher Education Support Amendment (Response to the Australian Universities Accord Interim Report) Bill 2023. They represent significant and positive changes to shift us closer to the goal of greater equity and access to higher education.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Returned to House for further consideration
Returned to House for further consideration
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 35 to 29.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Amendments considered
Recorded vote: 35 to 29.
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Consideration of Senate message
Consideration of Senate message
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Education and Employment Legislation Committee; Committee report (11/10/2023)
Referred to committee
Referred to Committee (10 Aug 2023): Senate Education and Employment Legislation Committee; Committee report (11 Oct 2023)
APH bill page notes
