Universities Accord (Opening the Doors of Opportunity) Bill 2026

Mr CLARE (Blaxland—Minister for Education) (10:22): by leave—I present a supplementary explanatory memorandum to the bill and move: (1) Schedule 1, item 2, page 3 (line 23), after "30-15(1)", insert "or (1A)". (2) Schedule 1, item 2, page 4 (line 20), after "30-15(1)", insert "or (1A)". (3) Schedule 1, item 2, page 6 (lines 2 to 7), omit subsection 30-15(1), substitute: Allocation to Table A providers (1) The *ATEC must, in writing, allocate a specified whole number of Commonwealth supported places for *higher education courses for each year to each *Table A provider.

Allocation to providers other than Table A providers (1A) The *ATEC may, in writing, allocate a specified whole number of Commonwealth supported places for *higher education courses for a specified year to a higher education provider referred to in subparagraph 30-1(1)(a)(ii). Domestic student profile (4) Schedule 1, item 2, page 6 (line 9), after "subsection (1)", insert "or (1A)".

(5) Schedule 1, item 2, page 6 (line 12), after "subsection (1)", insert "or (1A)". (6) Schedule 1, item 2, page 6 (lines 14 to 15), omit subsection 30-20(1). (7) Schedule 1, item 2, page 6 (line 16), omit the heading to subsection 30-20(2), substitute: Number of places that must be allocated (8) Schedule 1, item 2, page 6 (lines 17 to 18), omit all the words from and including "The" to and including "exceed", substitute "A *Table A provider's *domestic student profile for a year must be equal to".

(9) Schedule 1, item 2, page 6 (line 23), after "growth allocation", insert "(if any)". (10) Schedule 1, item 2, page 8 (line 30), omit "30-15(1)", substitute "30-15(1A)". (11) Schedule 1, item 2, page 9 (line 29), after "30-15(1)", insert "or (1A)".

(12) Schedule 1, item 5, page 13 (lines 6 to 7), omit paragraph 33-5(2)(a). (13) Schedule 1, item 5, page 13 (line 8), omit "such an allocation has been made and". (14) Schedule 1, item 5, page 13 (line 10), omit "such an allocation has been made and".

(15) Schedule 1, item 5, page 15 (lines 7 to 11), omit paragraph 33-5(5)(a), substitute: (a) if the provider does not have a *designated courses profile for the year—nil; or (16) Schedule 1, item 5, page 20 (line 12), omit "30-15(1)", substitute "30-15(1A)". (17) Schedule 1, item 22, page 31 (after line 29), after subsection 36-65(2), insert: Limits on conditions (2A) The Minister must not determine a condition under subsection (1) that: (a) specifies a matter in respect of which the Minister could have made a determination under subsection 36-15(2) of this Act (or could have made such a determination but for subsection 36-15(4) of this Act or section 48 (remaking disallowed legislative instruments) of the Legislation Act 2003); or (b) relates to industrial relations matters.

Note: The Minister has the power under subsection 36-15(2) to determine, by legislative instrument, that students are not to be enrolled as Commonwealth supported students in particular courses. Subsection 36-15(4) requires the determination to be made at least 6 months before students are able next to commence the courses. Conditions to be published (2B) The Minister must cause each determination made under subsection (1) to be published on the Department's website.

Determination not a legislative instrument First, can I offer an apology to my friend and colleague, the shadow minister for education. This debate concluded this week sooner than I expected and anticipated, and so we've gotten to this point in consideration in detail of the bill this week rather than in September. I recognise the point that he made in his comments just a moment ago that the coalition is yet to consider and form a final position on this bill in its totality and reserves its position until the Senate inquiry is completed and presents its recommendations for the consideration of the Senate.

With those remarks, can I just outline briefly what I'm presenting here to the House to consider. These amendments would clarify the effect of certain provisions and fix minor drafting errors that have been identified by my department since the introduction of the bill. They clarify that universities will receive a guaranteed allocation of Commonwealth supported places at the level of their existing core student load.

This confirms that, where a university fills a funded Commonwealth supported place one year, they won't lose it the next. Universities will continue to be able to negotiate additional places with the ATEC, as already set out in the bill. Amendments also preserve existing safeguards in the Higher Education Support Act 2003 regarding the minister's power to set conditions on funding to ensure conditions on funding cannot be extended to industrial relations matters, to ensure the minister's powers do not displace existing protections around how Commonwealth supported places may be excluded for certain courses and to require any conditions on funding imposed by the minister to be published on the Department of Education's website.

Amendments ensure the minister's powers to impose conditions on funding have the same effect as the provisions already existing in higher education legislation. I commend these amendments to the House.