Is a tutoring agreement legally binding in Australia?

Yes. A tutoring agreement that has been signed by both the tutor and the client (or the student's parent or guardian if the student is a minor) is a legally binding contract under Australian contract law. The agreement is enforceable to the extent that it does not conflict with mandatory provisions of applicable law, including the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). In particular, any term that attempts to exclude the ACL consumer guarantees is void to the extent of the inconsistency. Cancellation fees that are excessive penalties rather than genuine pre-estimates of loss may also be unenforceable under the ACL's unfair contract terms provisions.

Can a tutor charge a cancellation fee in Australia?

Yes, a tutor can charge a cancellation fee if the client cancels a session with less than the required notice, provided the fee is a genuine pre-estimate of the tutor's loss and is not an excessive penalty. Under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), a term that penalises a consumer for cancelling is potentially an 'unfair contract term' if it is excessively one-sided. A reasonable cancellation fee — for example, 100% of the session fee for a same-day cancellation — is generally considered reasonable, as the tutor has blocked out their time and cannot fill the session at short notice. Tutors should ensure their cancellation policy is clearly communicated to clients before they enter into the agreement.

Does a tutor need to be registered for GST in Australia?

A tutor (whether an individual or a business) is required to register for GST if their annual turnover from tutoring services is $75,000 or more (the GST registration threshold under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Below this threshold, GST registration is optional. If registered for GST, the tutor must add GST at 10% to their fees and issue tax invoices to clients. Note that educational services provided by registered schools and universities may be GST-free, but private tutoring services provided by individuals or tutoring businesses are generally subject to GST once the registration threshold is reached.

Who owns the worksheets and materials created by a tutor in Australia?

Under the Copyright Act 1968 (Cth), the creator of an original literary, artistic, or educational work is the initial owner of the copyright in that work, unless the work is created in the course of employment (in which case the employer generally owns the copyright). For a private tutor who creates worksheets, study guides, and lesson plans in the course of their tutoring business, the tutor generally owns the copyright in those materials. A tutoring agreement should clearly state that the intellectual property in tutoring materials remains with the tutor, and that the student is granted a limited licence to use the materials for personal study only. Without such a clause, there may be ambiguity about whether the client has paid for the materials outright.

Can a tutoring agreement be used for online tutoring in Australia?

Yes. A tutoring agreement can cover both in-person and online tutoring services. For online tutoring, the agreement should specify the video conferencing platform to be used, the procedure if technical difficulties arise during a session, and how session recordings (if any) are handled. Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), tutors who collect personal information from students (including via video session recordings) must handle that information in accordance with their Privacy Policy and must not record sessions without the student's and client's consent.

An Australian Tutoring Agreement is a written contract between a tutor and a client (typically a student or the student's parent or guardian) that sets out the terms under which tutoring services will be provided. It covers the subjects to be tutored, session format, fees, cancellation policy, intellectual property in tutoring materials, and the rights of both parties under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). This template is suitable for individual tutors, tutoring businesses, and online tutoring services operating across Australia. What is a Tutoring Agreement? A Tutoring Agreement (also called a tuition agreement, private tutoring contract, or educational services agreement) is a contract for educational services between a tutor and a client. In the tutoring context, the 'client' is usually the student if they are an adult, or the student's parent or guardian if the student is a minor. The tutor may be an individual private tutor or a tutoring business. A well-drafted tutoring agreement clarifies: what subjects will be taught; how sessions will be conducted (in-person or online); how frequently sessions will occur; what the tutor's fee is and when it is payable; what the cancellation and rescheduling policy is; and who owns any teaching materials created by the tutor. When is a Tutoring Agreement Needed? A Tutoring Agreement is needed whenever a tutor agrees to provide private tutoring services to a student on an ongoing or periodic basis. It is recommended for: - Individual private tutors providing one-on-one tutoring in person or online - Tutoring businesses and tutoring centres - University students providing tutoring services - Specialist tutors in areas such as music, language, mathematics, or exam preparation A written agreement is particularly important because it: clearly defines the scope of services and fees to avoid disputes; establishes a binding cancellation policy to protect the tutor's income; protects the tutor's intellectual property in worksheets, lesson plans, and study materials; and ensures compliance with the Australian Consumer Law. Australian Consumer Law and Tutoring Services Tutoring services provided in Australia are subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). This means that tutors who provide services in trade or commerce must ensure their services are provided with due care and skill and are reasonably fit for the purpose for which they are engaged. These guarantees apply regardless of any contract terms and cannot be excluded by agreement. Where a tutoring service fails to meet these guarantees, the student or client may be entitled to a remedy, including a refund or re-performance of the service. Key Elements of an Australian Tutoring Agreement A comprehensive Australian Tutoring Agreement should include the following key elements: 1. Tutor and client details: Full names, ABN (if the tutor operates as a business), contact details, and the relationship between the client and student (e.g. parent/guardian). 2. Services: A detailed description of the subjects to be tutored, the session format (in-person or online), the frequency and duration of sessions, and the commencement date. 3. Fees: The hourly fee, whether GST applies, when payment is due, and the accepted payment methods. Where the tutor is registered for GST, GST at 10% is payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and tax invoices must be issued. 4. Cancellation policy: The minimum notice the client must give to cancel or reschedule a session, and any cancellation fee that applies for late cancellation. The cancellation fee must be a genuine pre-estimate of the tutor's loss, not an excessive penalty, to comply with the unfair contract terms provisions of the Australian Consumer Law. 5. Intellectual property: A clear statement that the tutor owns all teaching materials, worksheets, and resources, and that the student is granted a licence to use these materials for personal study only. This protects the tutor's investment in developing educational resources. 6. Privacy: The tutor's obligations to handle the student's personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). 7. Termination: How either party may end the tutoring arrangement, and how any pre-paid fees will be refunded. 8. Consumer rights: A clear statement acknowledging the client's rights under the Australian Consumer Law. This template is suitable for tutors and tutoring services operating across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

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