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Sky News AU
2 hours ago
- Sky News AU
Albanese government to lift cap on international student places in major u-turn on migration despite warnings over housing
Australia is set to increase the number of international student placements, despite growing alarm over housing affordability, migration pressure, and claims the student visa system is being misused as a route to permanent residency. The government will now increase the international student intake by 25,000 to 295,000 for 2026. The major policy change, which was not announced to voters before the election, will see tens-of-thousands more international students hit Australian shores every year. While acknowledging the increase, the government said in a statement that it was still eight per cent below the "immediate post-COVID peak". After record migration levels - hitting 555,000 in the 12 months to September 2023 - Prime Minister Anthony Albanese insisted last year that his government would cut net migration back closer to pre-Covid levels. The government forecast net migration would hit 260,000 in the 2025-26 financial year and then drop again to 225,000. In the last term of parliament, Labor even tried to adopt a Coalition policy and legislate a cap on international enrolments to 270,000 before it was blocked in the Senate by the Greens and the Coalition. Less than 12 months later, the government has taken an extraordinary U-turn and announced it would increase the number of international student visas. Education Minister Jason Clare defended the policy, insisting the growth of the sector must remain sustainable. 'International education is an incredibly important export industry for Australia, but we need to manage its growth so it's sustainable,' he said. 'International education doesn't just make us money; it makes us friends. This is about ensuring international education grows in a way that supports students, universities, and the national interest.' The announcement comes on the back of mounting pressure over migration numbers, which have surged post-pandemic and are now being directly linked to Australia's worsening housing crisis. Cities like Sydney, Melbourne, Perth and Brisbane are bearing the brunt of the influx, with rental vacancies at historic lows and property prices continuing to climb. A recent report from the Reserve Bank warned the student visa surge is further intensifying pressure on an already-stretched rental market. 'The number of international students onshore is still near record highs, and student visa arrivals have exceeded departures in recent months, suggesting the number of students onshore is growing,' the report noted. 'In theory, in the face of a relatively fixed supply of housing in the short term, we would expect an increase in international students to put upward pressure on rental demand and rents. 'Capacity constraints, high costs in the construction sector and low levels of building approvals relative to the population may mean the housing supply response could be slower to materialise.' Despite these concerns, the government says it is working with universities to expand accommodation options. 'We are making sure student visa processing supports genuine education outcomes and our strategic priorities - including increasing provision of student accommodation,' Home Affairs Minister Tony Burke said in a statement. But critics argue the system is being gamed. A survey cited by former Treasury economist Leith Van Onselen revealed that 68.4 per cent of international students intend to remain in Australia long-term. 'Students from South Asia and Africa choose a study destination based on their capacity to gain job rights, a low-cost course, and permanent residency,' Mr Van Onselen told the Daily Mail. 'With the exception of students from China and Europe, all source nations placed a high value on the potential to work while studying and post-study employment opportunities.' Former government adviser and Australian Population Research Institute President Dr Bob Birrell was scathing of the federal government's handling of the issue. He told the Daily Mail Labor had neglected migration since returning to government in 2022. He also pointed to a broader failure of the skilled migration system to ease pressure in the construction sector, claiming it is not adding to the supply of important trades. The bulk of international enrolments continues to come from China, with 167,147 students recorded in the past year. But India and Nepal have rapidly climbed to second and third spots, with 123,456 and 57,048 students, respectively. Assistant Minister for International Education Julian Hill said the government remained committed to growing the sector, particularly with students from Southeast Asia, as long as it aligns with infrastructure planning. 'This government remains committed to sensibly managing the size and shape of the onshore student market and supporting sustainable growth, especially to welcome more students from Southeast Asia and where accompanied by new housing.' The migration debate has reignited broader concerns around national infrastructure, cost of living, and community services already at capacity. One Nation leader Pauline Hanson also called for a hard cap on migration, arguing that the system is no longer serving everyday Australians. 'This isn't extreme. It's common sense,' she said. 'Mass migration must stop. The system is broken. Let's fix it and give our people the chance to thrive.'
The Advertiser
5 hours ago
- The Advertiser
Public schools lose almost 2000 students as Hunter parents go independent
in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose". in KYLIE Wales is not a religious person, but when it came time for her daughter to move schools, she picked a faith-affiliated option. She's one of many parents making the jump to independent education, as Catholic and public schools across Newcastle, Lake Macquarie and the Hunter face increasing competition and dwindling enrolments. Ms Wales said her daughter Charlotte, in Year Two, went to a government school for the first few years, but it just wasn't a great fit. "We had her in public school, and she was part of the COVID-19 era," she said. "We had noticed that our daughter wasn't progressing like we would have hoped and thought." A new Association of Independent Schools of NSW (AINSW) report shows a growing shift in parents' preferences from 2019 to 2024. Public schools lost a combined 1,874 students between 2019 and 2024, down 470 students in Newcastle and Lake Macquarie and 1,377 in the Hunter Valley. Through friends who had made a similar move, the Wales' decided to check out Fletcher independent school, Bishop Tyrrell Anglican College. "We were just blown away with the tour around the school, the facilities, and the genuine vibe," she said. "Our daughter just gelled straight away." Ms Wales said Bishop Tyrrell Anglican College was able to better communicate what was going on at school and said it was an "absolute shame" public schools were not funded as well as they should be. Acting Minister for Education and Early Learning Courtney Houssos maintained NSW public schools offer a world-class education, and said the state government has made "record investment" into ensuring children have access to opportunities. "We are building new and expanded schools in growing regional communities that the former Liberal and National government failed to plan for, and delivering 49 new fee-free public preschools into regional areas where they are needed most," she said. "We have also invested in significant upgrades to facilities in existing schools like science labs, creative spaces and performance facilities, delivering on Deputy Premier Prue Car's commitment to expand access to High Potential and Gifted education opportunities to every public school." The state government invested $1.4 billion in rural and regional schools in the 2024-25 Budget. The 2025-26 Budget includes $2.1 billion over the next four years to deliver new and upgraded schools across regional NSW, including new schools in Medowie and Huntlee. A NSW Department of Education spokeswoman said the state government is also investing $100 million in upgrades at 33 public high schools, including Muswellbrook High School and Lake Macquarie High School. "These enhancements will enable the schools to deliver High Potential and Gifted Education programs and opportunities that extend student learning across a range of subjects, as part of the government's broader commitment to expand gifted education across every public school," she said. "With the NSW government investment to address the teacher shortage crisis, including scrapping the wages cap, delivering a historic pay rise for teachers, reducing excessive administration workload, and making thousands of teachers permanent, schools in regional NSW started the 2025 school year with 47 per cent fewer vacancies than the same time in 2023." According to the AINSW report, despite having fewer schools than the public sector, independent schools gained more enrolments than any other sector in 25 out of 28 statistical areas. In Newcastle and Lake Macquarie, independent schools saw a 4.3 per cent average annual growth, and in the Hunter Valley, the growth was 4.5 per cent from 2019 to 2024. Ms Wales said she felt Bishop Tyrrell Anglican College offered more extracurricular activities and excursions, and said the learning support, pastoral care and communication with parents were a good fit for her family. "It was a smaller school, and that was something that we wanted access to," she said. "We have access to a system where you get photos of what's happening at the school, and their timetable," she said. "For me, it was the ability to reach out to teachers as well, so it felt like it could be a joint learning journey." In NSW, there are 301 faith-based independent schools, representing 15 different religions and 129 non-faith schools. AINSW chief executive Margery Evans said the independent sector gives families a diverse choice of schools. "There are several different faiths represented in the sector, as well as non-faith schools based on a philosophical approach such as Steiner schools or The Nature School," she said. Independent schools set their own fees, and the median fee charged is less than $6000 each year. Ms Evans said independent schools try to keep costs down, understanding parents make sacrifices to give their children an education that reflects their values and meets their child's needs. "Independent schools have more freedom to provide an education that reflects different aspects of Australia's diverse faiths and cultures," she said. "There is literally an independent school to suit every family." Enrolments at Catholic schools in Newcastle and Lake Macquarie have dropped by an average of 0.2 per cent per year, while enrolments in independent schools grew at an average of 4.3 per cent. Catholic Schools Maitland-Newcastle director Jaqueline Wilkinson said the natural fluctuation is "entirely normal". "A 0.2 per cent annual shift reflects the natural ebb and flow that occurs across all school sectors over time," she said. "In contrast, Catholic Schools Maitland-Newcastle has seen consistent growth in regional areas, particularly the Hunter Valley, which aligns with population growth and increasing demand for affordable, high-quality Catholic education." Despite an overall increase in students identifying as "no religion" across all NSW schools, the Catholic sector has seen a decrease in students identifying with the Catholic faith from 78 per cent in 2011 to 67 per cent in 2021. In the Hunter Valley, Catholic enrolments have risen by 1,608 students since 2019, an average growth of 3.5 per cent annually. Ms Wilkinson put the swell down to significant investments in schools like Rosary Park Primary at Branxton, St Bede's Catholic College at Chisholm and others in Maitland and Lochinvar. "These investments have expanded our capacity and enabled more than 2,000 students to access a Catholic education in the Maitland LGA," she said. "Enrolment decisions are influenced by a wide range of local and personal factors. "While some trends may appear in the data, interpreting them in a meaningful way is often speculative." Mr Wilkinson said many families choose schools that reflect their values and priorities, and Catholic education continues to resonate with those "seeking a strong sense of community and purpose".
The Advertiser
21 hours ago
- The Advertiser
'Lawyers' picnic' looms over right to work from home
An Australian-first plan to legislate the right to work from home could become a "lawyers' picnic", experts warn. The Victorian government has promised to introduce legislation in 2026 to create a right for employees to work from home two days a week. The laws are yet to be drafted but the right is slated to apply to all Victorian public and private sector workers who can reasonably do their job from home. Carve-outs in the Fair Work Act allowed for protections under state anti-discrimination laws, employment lawyer Daniel Victory said. But how wide the state Labor government cast the net could open the proposed laws to legal challenge, particularly from the private sector. "The broader they make the right the greater the possibility of a challenge," Mr Victory told AAP. Employers trying to "squeeze" staff to return to the workplace after the COVID-19 pandemic was a major "bone of contention", Maurice Blackburn's principal lawyer of employment and industrial law in Melbourne said. He described working from home as a "fact of life" and said enshrining it as a right would help make it a "cultural norm" for businesses to reflect. Industrial relations laws are set by the federal government and regulated by the Fair Work Commission. Section 109 of the constitution dictates that if a state law conflicts with a Commonwealth law, the latter prevails. Joellen Riley Munton, an expert in labour law at the University of Technology Sydney, noted the commission assessed working-from-home clauses in awards and enterprise bargaining agreements. "It would be a very easy thing for someone who objects to the state law to just say 'I only have to abide by the federal laws'," Professor Munton told AAP. "That will be the obstacle for the effectiveness of any Victorian law." Former Fair Work Commission vice president Graeme Watson agreed the proposed right, if as general as initially described, was headed for a clash with federal laws. If Victoria's Equal Opportunity Act was chosen as the vehicle to legislate the right, he said the laws would have to establish what discrimination they were guarding against. "Then you're proceeding into a bit of maze," the King & Wood Mallesons strategic counsel told AAP. "It's either going to be clearly invalid or likely unworkable, but probably both." Mr Watson said arbitration existed for disputes over flexible work arrangements and argued a need to change that remedy had not been demonstrated. He compared the proposal to Victoria's wage theft laws, which were subject to High Court challenge before their repeal after the Albanese government instituted federal legislation. "This is a lawyers' picnic," Mr Watson said. "Why are you creating all this work for lawyers?" She defended her claim Liberals across the country were "drawing up plans to abolish work-from-home and force workers back to the office". Opposition Leader Brad Battin denied it was a touchy subject internally after Peter Dutton backflipped on ending working from home for public servants during the Liberals' disastrous 2025 federal election campaign. The state Liberal leader is waiting to see the detailed legislation before the party decides its stance. Senior federal minister Tanya Plibersek said the Albanese government wasn't going to give its Labor colleagues' plan a "tick or a cross" when asked if it would step in to overrule the state. An Australian-first plan to legislate the right to work from home could become a "lawyers' picnic", experts warn. The Victorian government has promised to introduce legislation in 2026 to create a right for employees to work from home two days a week. The laws are yet to be drafted but the right is slated to apply to all Victorian public and private sector workers who can reasonably do their job from home. Carve-outs in the Fair Work Act allowed for protections under state anti-discrimination laws, employment lawyer Daniel Victory said. But how wide the state Labor government cast the net could open the proposed laws to legal challenge, particularly from the private sector. "The broader they make the right the greater the possibility of a challenge," Mr Victory told AAP. Employers trying to "squeeze" staff to return to the workplace after the COVID-19 pandemic was a major "bone of contention", Maurice Blackburn's principal lawyer of employment and industrial law in Melbourne said. He described working from home as a "fact of life" and said enshrining it as a right would help make it a "cultural norm" for businesses to reflect. Industrial relations laws are set by the federal government and regulated by the Fair Work Commission. Section 109 of the constitution dictates that if a state law conflicts with a Commonwealth law, the latter prevails. Joellen Riley Munton, an expert in labour law at the University of Technology Sydney, noted the commission assessed working-from-home clauses in awards and enterprise bargaining agreements. "It would be a very easy thing for someone who objects to the state law to just say 'I only have to abide by the federal laws'," Professor Munton told AAP. "That will be the obstacle for the effectiveness of any Victorian law." Former Fair Work Commission vice president Graeme Watson agreed the proposed right, if as general as initially described, was headed for a clash with federal laws. If Victoria's Equal Opportunity Act was chosen as the vehicle to legislate the right, he said the laws would have to establish what discrimination they were guarding against. "Then you're proceeding into a bit of maze," the King & Wood Mallesons strategic counsel told AAP. "It's either going to be clearly invalid or likely unworkable, but probably both." Mr Watson said arbitration existed for disputes over flexible work arrangements and argued a need to change that remedy had not been demonstrated. He compared the proposal to Victoria's wage theft laws, which were subject to High Court challenge before their repeal after the Albanese government instituted federal legislation. "This is a lawyers' picnic," Mr Watson said. "Why are you creating all this work for lawyers?" She defended her claim Liberals across the country were "drawing up plans to abolish work-from-home and force workers back to the office". Opposition Leader Brad Battin denied it was a touchy subject internally after Peter Dutton backflipped on ending working from home for public servants during the Liberals' disastrous 2025 federal election campaign. The state Liberal leader is waiting to see the detailed legislation before the party decides its stance. Senior federal minister Tanya Plibersek said the Albanese government wasn't going to give its Labor colleagues' plan a "tick or a cross" when asked if it would step in to overrule the state. An Australian-first plan to legislate the right to work from home could become a "lawyers' picnic", experts warn. The Victorian government has promised to introduce legislation in 2026 to create a right for employees to work from home two days a week. The laws are yet to be drafted but the right is slated to apply to all Victorian public and private sector workers who can reasonably do their job from home. Carve-outs in the Fair Work Act allowed for protections under state anti-discrimination laws, employment lawyer Daniel Victory said. But how wide the state Labor government cast the net could open the proposed laws to legal challenge, particularly from the private sector. "The broader they make the right the greater the possibility of a challenge," Mr Victory told AAP. Employers trying to "squeeze" staff to return to the workplace after the COVID-19 pandemic was a major "bone of contention", Maurice Blackburn's principal lawyer of employment and industrial law in Melbourne said. He described working from home as a "fact of life" and said enshrining it as a right would help make it a "cultural norm" for businesses to reflect. Industrial relations laws are set by the federal government and regulated by the Fair Work Commission. Section 109 of the constitution dictates that if a state law conflicts with a Commonwealth law, the latter prevails. Joellen Riley Munton, an expert in labour law at the University of Technology Sydney, noted the commission assessed working-from-home clauses in awards and enterprise bargaining agreements. "It would be a very easy thing for someone who objects to the state law to just say 'I only have to abide by the federal laws'," Professor Munton told AAP. "That will be the obstacle for the effectiveness of any Victorian law." Former Fair Work Commission vice president Graeme Watson agreed the proposed right, if as general as initially described, was headed for a clash with federal laws. If Victoria's Equal Opportunity Act was chosen as the vehicle to legislate the right, he said the laws would have to establish what discrimination they were guarding against. "Then you're proceeding into a bit of maze," the King & Wood Mallesons strategic counsel told AAP. "It's either going to be clearly invalid or likely unworkable, but probably both." Mr Watson said arbitration existed for disputes over flexible work arrangements and argued a need to change that remedy had not been demonstrated. He compared the proposal to Victoria's wage theft laws, which were subject to High Court challenge before their repeal after the Albanese government instituted federal legislation. "This is a lawyers' picnic," Mr Watson said. "Why are you creating all this work for lawyers?" She defended her claim Liberals across the country were "drawing up plans to abolish work-from-home and force workers back to the office". Opposition Leader Brad Battin denied it was a touchy subject internally after Peter Dutton backflipped on ending working from home for public servants during the Liberals' disastrous 2025 federal election campaign. The state Liberal leader is waiting to see the detailed legislation before the party decides its stance. Senior federal minister Tanya Plibersek said the Albanese government wasn't going to give its Labor colleagues' plan a "tick or a cross" when asked if it would step in to overrule the state. An Australian-first plan to legislate the right to work from home could become a "lawyers' picnic", experts warn. The Victorian government has promised to introduce legislation in 2026 to create a right for employees to work from home two days a week. The laws are yet to be drafted but the right is slated to apply to all Victorian public and private sector workers who can reasonably do their job from home. Carve-outs in the Fair Work Act allowed for protections under state anti-discrimination laws, employment lawyer Daniel Victory said. But how wide the state Labor government cast the net could open the proposed laws to legal challenge, particularly from the private sector. "The broader they make the right the greater the possibility of a challenge," Mr Victory told AAP. Employers trying to "squeeze" staff to return to the workplace after the COVID-19 pandemic was a major "bone of contention", Maurice Blackburn's principal lawyer of employment and industrial law in Melbourne said. He described working from home as a "fact of life" and said enshrining it as a right would help make it a "cultural norm" for businesses to reflect. Industrial relations laws are set by the federal government and regulated by the Fair Work Commission. Section 109 of the constitution dictates that if a state law conflicts with a Commonwealth law, the latter prevails. Joellen Riley Munton, an expert in labour law at the University of Technology Sydney, noted the commission assessed working-from-home clauses in awards and enterprise bargaining agreements. "It would be a very easy thing for someone who objects to the state law to just say 'I only have to abide by the federal laws'," Professor Munton told AAP. "That will be the obstacle for the effectiveness of any Victorian law." Former Fair Work Commission vice president Graeme Watson agreed the proposed right, if as general as initially described, was headed for a clash with federal laws. If Victoria's Equal Opportunity Act was chosen as the vehicle to legislate the right, he said the laws would have to establish what discrimination they were guarding against. "Then you're proceeding into a bit of maze," the King & Wood Mallesons strategic counsel told AAP. "It's either going to be clearly invalid or likely unworkable, but probably both." Mr Watson said arbitration existed for disputes over flexible work arrangements and argued a need to change that remedy had not been demonstrated. He compared the proposal to Victoria's wage theft laws, which were subject to High Court challenge before their repeal after the Albanese government instituted federal legislation. "This is a lawyers' picnic," Mr Watson said. "Why are you creating all this work for lawyers?" She defended her claim Liberals across the country were "drawing up plans to abolish work-from-home and force workers back to the office". Opposition Leader Brad Battin denied it was a touchy subject internally after Peter Dutton backflipped on ending working from home for public servants during the Liberals' disastrous 2025 federal election campaign. The state Liberal leader is waiting to see the detailed legislation before the party decides its stance. Senior federal minister Tanya Plibersek said the Albanese government wasn't going to give its Labor colleagues' plan a "tick or a cross" when asked if it would step in to overrule the state.
