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Pass Atec bill, Senate committee advises ahead of crunch debate

Horse-trading looms, as opposition senators reject legislation outright and crossbenchers demand changes

Published on
February 27, 2026
Last updated
February 27, 2026
Parliament House, Canberra, Australia, government, politics
Source: iStock
Parliament House, Canberra

A government-dominated Senate committee has brushed aside objections to the proposed operating model for Australia鈥檚 tertiary education steward, recommending that legislation to establish the body be passed unchanged.

However, some 30 pages of dissenting reports from opposition and crossbench senators highlight the challenges facing the government in ushering the bill through parliament.

The from the Education and Employment Committee, published late on 27 February, shrugs off concerns that the Australian Tertiary Education Commission (Atec) will lack independence, expertise and advisory clout. Safeguards in the bill allow for 鈥渙perational independence鈥, 鈥減ublic accountability鈥 and 鈥渟ignificant procedural fairness鈥, the majority report insists.

鈥淭hese arrangements provide an appropriate framework for the Atec to build institutional knowledge and access specialist expertise as needed,鈥 it says. 鈥淚f required, the bill includes mechanisms for the Atec to expand the number of commissioners in the future.

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鈥淭here is scope for the model to evolve through implementation and review, but further delay in creating a steward would leave the sector without the guidance it urgently requires.鈥

Opposition senators recommended the bill鈥檚 rejection, saying a plethora of problems 鈥 including regulatory overreach, 鈥渟tructural and drafting deficiencies鈥 and the A$54 million (拢29 million) cost of getting the body up and running 鈥 had fuelled 鈥渢he unusual breadth and consistency of concern鈥 expressed by stakeholders, including many who supported Atec in principle.

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鈥淭hese concerns are not peripheral matters capable of resolution through minor amendment,鈥 warned Liberal senator Maria Kovacic.

While the bill has passed the House of Representatives, its fate rests in the Senate. The government holds 29 of the 76 upper house seats and needs at least 10 more votes to get the legislation over the line.

The Australian Greens, who control 10 of the 20 crossbench seats, have recommended eight amendments to the bill. They include giving Atec an 鈥渆xplicit focus on research鈥 and guaranteeing its independence by allowing it to research, publish and advise on topics of its choosing 鈥 including student fees and racism.

Other demands include clarifying 鈥減otential overlap鈥 with the roles of the higher education regulator, Teqsa, and ensuring that Atec has 鈥渁dequate expertise and capability鈥 to perform its functions 鈥 including ongoing advice from the Higher Education Standards Panel.

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Independent senator David Pocock recommended 11 changes, including safeguards around appointments of commissioners and negotiations of mission-based compacts. Pocock also called for the number of commissioners聽to be expanded to at least five, and 鈥 like the Greens 鈥 he demanded an urgent overhaul of the Job-ready Graduates scheme.

Independent MPs advocated similar changes when the bill was debated in the House of Representatives. Education minister Jason Clare rejected them at the time but promised to consider them alongside the Senate committee report.

Insiders expect the bill to pass parliament with some changes. Senate sittings resume on 2 March.

john.ross@timeshighereducation.com

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