Tuition Agreement (Australia)
This Tuition Agreement (the “Agreement”) is made on [Agreement Date] between:
[Tutor Name] (ABN [Tutor ABN]), of [Tutor Address], [Tutor Suburb], [Tutor State] [Tutor Postcode], phone [Tutor Phone], email [Tutor Email] (the “Tutor”); and
[Client Name], of [Client Address], [Client Suburb], [Client State] [Client Postcode], phone [Client Phone], email [Client Email] (the “Client”).
The tuition services will be provided to: [Student Name] (the “Student”). Where the Student is a minor, the Client is the parent or guardian acting on behalf of the Student and accepts all obligations in this Agreement accordingly.
Together the Tutor, Client, and Student are referred to as the “Parties”.
1. TUITION SERVICES
1.1 The Tutor agrees to provide private tuition to the Student in the following subject(s) and at the following level (the “Services”):
[Subject]
1.2 The Services will be delivered [Delivery Mode], commencing on [Commencement Date], at a frequency of [Session Frequency], with each session of [Session Duration] minutes duration.
1.3 The Tutor will provide the Services with due care and skill and in a professional manner consistent with applicable Australian curriculum frameworks, including the Australian Curriculum Assessment and Reporting Authority (ACARA) standards and any applicable state curriculum (such as VCE, HSC, QCE, SACE, WACE, or TCE).
1.4 The Tutor will prepare appropriate materials and resources for each session and will tailor the tuition program to the Student’s individual learning needs and goals.
1.5 The Tutor will provide progress updates to the Client upon reasonable request, and will promptly notify the Client of any concerns about the Student’s progress or engagement.
1.6 The Tutor does not guarantee specific academic results or grades. Progress depends on the Student’s effort, engagement, and attendance.
2. FEES AND PAYMENT
2.1 The fee for the tuition services is $[Hourly Rate] AUD per hour ([GST Treatment]). For sessions of duration other than 60 minutes, the fee will be calculated on a pro-rata basis.
2.2 The Tutor will issue a tax invoice [Invoicing Frequency]. All invoices will include the Tutor’s ABN and comply with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.3 The Client must pay each invoice within [Payment Terms] days of the invoice date by electronic funds transfer, bank transfer, or such other payment method as the Tutor nominates.
2.4 The Tutor may charge a late payment fee of $20 per week for invoices that remain unpaid more than 14 days after the due date, without prejudice to any other right or remedy.
2.5 The Tutor may suspend sessions upon 48 hours’ written notice if any invoice remains unpaid for more than 14 days after the due date.
3. CANCELLATION AND RESCHEDULING
3.1 The Client must provide at least [Cancellation Notice] hours’ notice to cancel or reschedule a scheduled session. Notice must be provided by phone call, text message, or email to the Tutor’s contact details.
3.2 If the Client provides less than [Cancellation Notice] hours’ notice of cancellation, or if the Student fails to attend a scheduled session without notice, [Late Cancellation Consequence]. This cancellation policy is disclosed to the Client at the time of entering into this Agreement and is incorporated as a material term.
3.3 If the Tutor cancels a session with less than [Cancellation Notice] hours’ notice (other than due to emergency, illness, or force majeure), the Tutor will offer a replacement session at no additional charge to the Client.
3.4 Where public holidays fall on a scheduled session day, that session will be rescheduled by mutual agreement unless otherwise agreed in writing.
4. AUSTRALIAN CONSUMER LAW
4.1 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded.
4.2 Under the Australian Consumer Law, the Tutor’s services come with guarantees that cannot be excluded, including that the Services will be rendered with due care and skill, will be fit for any particular purpose made known to the Tutor before entering this Agreement, and will be supplied within a reasonable time. If the Client is a consumer, they are entitled to a remedy for failure to comply with these guarantees.
5. PRIVACY AND CONFIDENTIALITY
5.1 The Tutor will collect and handle personal information about the Student (including academic records and assessment results) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where the Student is a minor, the personal information of a child is afforded additional protections under Australian privacy law.
5.2 The Tutor will not disclose the Student’s personal information or academic progress to any third party without the Client’s prior written consent, except as required by law (for example, mandatory reporting obligations under applicable child protection legislation).
5.3 The Tutor must not use the Student’s name, image, results, or academic work for promotional, marketing, or research purposes without the Client’s express written consent.
6. TERMINATION
6.1 This Agreement operates on a [Term Type] basis. Either Party may terminate this Agreement by giving 14 days’ written notice to the other Party.
6.2 The Tutor may terminate this Agreement immediately and without notice if: (a) the Client fails to pay any amount when due and does not remedy the failure within 7 days of written notice; (b) the Student behaves in a threatening, abusive, or disrespectful manner during sessions; or (c) the Tutor’s Working With Children Check (if applicable) is suspended or cancelled.
6.3 The Client may terminate this Agreement at any time by giving 14 days’ written notice. All sessions delivered prior to the effective termination date must be paid in full. Pre-paid sessions that have not yet been delivered will be refunded on a pro-rata basis, less any applicable late cancellation fees.
6.4 On termination for any reason, the Tutor will promptly provide the Client with a final invoice for any outstanding amounts and return any materials belonging to the Student.
7. GENERAL PROVISIONS
7.1 Independent Contractor: The Tutor is an independent contractor and not an employee, agent, or partner of the Client. Nothing in this Agreement creates an employment relationship.
7.2 Copyright: Any materials or resources prepared by the Tutor specifically for the Student are provided for the Student’s personal educational use only. Copyright in such materials is retained by the Tutor unless otherwise agreed in writing. Materials prepared by the Tutor must not be reproduced or distributed without the Tutor’s written consent.
7.3 Dispute Resolution: In the event of a dispute, the Parties must attempt resolution by good-faith negotiation within 14 days of written notice. If unresolved, either Party may refer the matter to mediation before commencing legal proceedings.
7.4 Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the provision of tuition services and supersedes all prior representations and arrangements.
7.5 Governing Law: This Agreement is governed by the laws of [Governing State], Australia. Each Party submits to the non-exclusive jurisdiction of the courts of [Governing State].
7.6 Amendments: This Agreement may only be amended by a written instrument signed by both Parties.
EXECUTED as an Agreement.
TUTOR
Name: [Tutor Name]
ABN: [Tutor ABN]
Address: [Tutor Address], [Tutor Suburb], [Tutor State] [Tutor Postcode]
CLIENT (Parent/Guardian or Adult Student)
Name: [Client Name]
Address: [Client Address], [Client Suburb], [Client State] [Client Postcode]
Phone: [Client Phone]
Email: [Client Email]
Student name: [Student Name]
Tutor
________________
Signature
Date: ________________
Client
________________
Signature
Date: ________________
What Is a Tuition Agreement (Australia)?
A Tuition Agreement in Australia records the tuition to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Corporations Act 2001 (Cth).
In Australia, private tutoring is a substantial and growing industry. Tutors must follow several distinct legal frameworks. The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies to the provision of tutoring services to consumers, implying non-excludable guarantees including that services will be rendered with due care and skill. The Privacy Act 1988 (Cth) governs the handling of students' personal and academic information. Working With Children legislation in each state and territory requires tutors working with children to hold a current check or clearance. The Copyright Act 1968 (Cth) determines who owns the worksheets, lesson plans, and other materials a tutor prepares.
A written Tuition Agreement is an essential professional and legal document. It protects the tutor against disputes over session fees, cancellations, and academic guarantee claims. It protects the client against unclear service descriptions, undisclosed WWCC status, and unfair cancellation terms. For tutors working with children, a written agreement also records the parent's consent for the tuition arrangement and any specific child safety requirements.
The legal framework governing the Tuition Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Parties executing a Tuition Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Corporations Act 2001 (Cth) sets the foundational requirements.
When Do You Need a Tuition Agreement (Australia)?
A Tuition Agreement is needed before a tutor provides paid services to any student. This includes: individual tutors working with primary, secondary, or tertiary students in academic subjects; English as a Second Language (ESL) or IELTS preparation tutors; music, art, or performing arts tutors; coding, programming, or STEM tutors; VCE, HSC, QCE, SACE, or WACE exam preparation specialists; tutors providing in-person sessions at the student's home, at the tutor's premises, or at a neutral venue; and online tutors providing video conferencing sessions.
The agreement is particularly important in the following situations. Where the student is a minor, the agreement establishes that the parent or guardian has authorised the tuition and is responsible for payment. Where sessions are conducted in-person, the agreement records the tutor's WWCC status and the parties' agreement on supervision arrangements. Where the tutor has prepared and invested in bespoke educational materials, the agreement records that the tutor retains copyright in those materials.
Without a written agreement, tutors commonly face disputes about: whether a session was cancelled in time to avoid a fee; whether the tutor agreed to guarantee an ATAR score or pass rate; whether a parent authorised one-on-one tuition at the student's home; and what happens when a student fails to make progress despite regular sessions.
For tutors who operate through a company (Pty Ltd) or as a sole trader, the agreement also helps document the commercial nature of the arrangement, which is relevant for income tax, GST, and superannuation guarantee purposes.
Parties in Australia should prepare a Tuition Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Tuition Agreement (Australia)
A thorough Tuition Agreement for Australia should include the following key elements.
Subject and level: The agreement should clearly describe the subject(s) to be tutored, the year level or qualification being targeted, and any specific curriculum or exam board (for example, VCE in Victoria, HSC in NSW, QCE in Queensland, SACE in South Australia, or WACE in Western Australia). Ambiguity about the scope of tuition leads to the most common category of disputes.
Delivery mode: The agreement should specify whether sessions are delivered in-person at the tutor's premises, at the client's home, or online via video conferencing. For online tuition, the parties should agree on the platform to be used and technical requirements. For in-person sessions at the client's home, child safety considerations become relevant.
Session schedule and fees: The hourly rate, session duration, frequency, and invoicing arrangements should all be clearly documented. The GST treatment must be stated — whether the fee is inclusive of GST, exclusive (with GST added at 10%), or GST-free because the tutor is below the $75,000 registration threshold.
Cancellation policy: The notice period required for cancellation and the consequences of late cancellation (whether the full fee, a proportion of the fee, or a rescheduled session) should be prominently disclosed before the client signs the agreement. Under the Australian Consumer Law, cancellation terms in consumer contracts that are unreasonably one-sided may be challenged as unfair contract terms.
Working With Children Check: For tutors working with students under 18, the agreement should confirm the tutor's WWCC status and their obligation to maintain a current check throughout the term. The relevant name of the check varies by state (WWCC in NSW and VIC, Blue Card in QLD, DHS Check in SA, WWCC in WA, WWVP in ACT, Ochre Card in NT).
Child safety: Where tuition is provided in-person to minors, the agreement should address supervision arrangements, the parent's consent, and the tutor's compliance with applicable child safe standards including the National Principles for Child Safe Organisations.
Privacy: The agreement must address how the student's personal and academic information will be collected, stored, and used, including compliance with the Privacy Act 1988 (Cth) and mandatory reporting obligations under applicable child protection legislation.
Copyright: The tutor should clearly state that copyright in bespoke materials prepared for the student is retained by the tutor and that materials are licensed for the student's personal educational use only.
Additional compliance elements for a Tuition Agreement (Australia) used in Australia include: Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. The Australian Competition and Consumer Commission (ACCC) enforces the Competition and Consumer Act 2010 (Cth). The Australian Taxation Office (ATO) administers the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999. The Federal Court of Australia and Supreme Courts of each state have jurisdiction over corporate disputes. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Tuition Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/au-tuition-agreement
"Tuition Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/business/services/au-tuition-agreement.
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title = {Tuition Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/services/au-tuition-agreement}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, in most Australian states and territories, any person who provides paid tutoring services to children under 18 is required to hold a Working With Children Check (WWCC) or equivalent clearance. In NSW and VIC it is called a Working With Children Check; in QLD it is a Blue Card; in SA a DHS (Department of Human Services) Working with Children Check; in WA a Working with Children Check; in ACT a Working with Children Registration; and in NT an Ochre Card. Tutors must renew their check regularly and must not work with children if their check lapses or is revoked. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
It depends on whether the tutor is registered for GST. Tutors whose annual turnover exceeds $75,000 must register for GST and charge 10% GST on their services. Tutors below this threshold are not required to register, but may do so voluntarily. Note that some educational services provided by registered educational institutions may be GST-free under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), but private tutoring provided by individuals or small businesses generally attracts GST if the provider is registered. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
No. Under the Australian Consumer Law, making false or misleading representations about the outcomes of a service is prohibited. A tutor should not promise specific grades, ATAR scores, or exam pass rates unless they can genuinely substantiate such claims. The Tuition Agreement should clearly state that the tutor does not guarantee specific academic results and that outcomes depend on the student's own effort and engagement. Tutoring businesses that advertise guaranteed results may face scrutiny from the Australian Competition and Consumer Commission (ACCC). Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Australia has adopted National Principles for Child Safe Organisations. In addition, each state and territory has its own child safe standards. For example, Victoria has the Child Safe Standards under the Child Wellbeing and Safety Act 2005 (VIC), and New South Wales has child safe requirements for organisations working with children. Tutors providing services to minors should avoid one-on-one unsupervised contact, keep records of their WWCC, and follow any mandatory reporting obligations under the relevant child protection legislation in their jurisdiction. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Under the Copyright Act 1968 (Cth), copyright in original materials created by an independent contractor (including worksheets, lesson plans, and assessment tools prepared by a private tutor) vests initially in the creator, not the client. Without a written agreement to the contrary, a tutor retains copyright in materials they create, even if the client paid for the tutor's time. The Tuition Agreement should clearly address ownership and state that materials are provided for the student's personal educational use only, and may not be reproduced or distributed without the tutor's consent. Under Australia law, Corporations Act 2001 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission (ASIC) regulates companies and financial services. Section 127 of the Corporations Act 2001 governs company execution of documents. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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