Tutoring Service Agreement (Australia)
This Tutoring Service Agreement (the "Agreement") is made on AGREEMENT DATE between the tutoring provider and the client (parent or guardian) identified below. This Agreement is governed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL") and the Privacy Act 1988 (Cth).
1. PARTIES.
Tutoring Provider: PROVIDER NAME ABN PROVIDER ABN, of PROVIDER ADDRESS, PROVIDER SUBURB, PROVIDER STATE PROVIDER POSTCODE, telephone: PROVIDER PHONE, email: PROVIDER EMAIL, contact: PROVIDER CONTACT (the "Provider").
Client: CLIENT NAME, CLIENT RELATIONSHIP of the student, of CLIENT ADDRESS, CLIENT SUBURB, CLIENT STATE CLIENT POSTCODE, telephone: CLIENT PHONE, email: CLIENT EMAIL (the "Client").
Student: STUDENT NAME, date of birth: STUDENT DOB, STUDENT YEAR LEVEL, STUDENT SCHOOL (the "Student").
2. TUTORING SERVICES.
2.1 The Provider agrees to deliver tutoring services to the Student in the following subjects: SUBJECTS.
2.2 Tutoring Format: TUTOR FORMAT.
2.3 Session Frequency and Duration: SESSION FREQUENCY.
2.4 Session Schedule: SESSION SCHEDULE.
2.5 Commencement Date: COMMENCEMENT DATE. Course Duration: COURSE DURATION.
2.6 The Provider guarantees that services will be provided with due care and skill and that any materials provided will be reasonably fit for the purpose stated, consistent with the Consumer Guarantees under the ACL (Part 3-2, Division 1).
3. FEES AND PAYMENT.
3.1 Session Fee: SESSION FEE.
3.2 Enrolment Fee: ENROLMENT FEE.
3.3 Materials and Resources Fee: MATERIALS FEE.
3.4 Payment Schedule: PAYMENT SCHEDULE. Payment Method: PAYMENT METHOD.
3.5 GST: GST NOTE. The Provider will issue tax invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
3.6 If the Client fails to pay fees by the due date, the Provider may suspend tutoring sessions until outstanding fees are paid. The Provider may charge interest on overdue amounts at the rate of 10% per annum.
4. CANCELLATION POLICY.
4.1 The Client must give CANCELLATION NOTICE to cancel or reschedule a tutoring session without incurring a cancellation fee.
4.2 If the Client cancels a session without the required notice, the Provider may charge: CANCELLATION FEE.
4.3 If the Provider cancels a session (other than due to the Client's breach), the Provider will reschedule the session at a mutually convenient time and will not charge a cancellation fee.
5. REFUND POLICY.
REFUND POLICY
Nothing in this Agreement limits or excludes any right the Client may have under the Australian Consumer Law, including any right to a remedy where the Provider fails to comply with a consumer guarantee. The Provider's liability for failure to comply with a consumer guarantee is limited, to the extent permitted by section 64A of the ACL, to re-supplying the services or paying the cost of having the services supplied again.
6. TERMINATION.
Either party may terminate ongoing tutoring services under this Agreement by giving TERMINATION NOTICE in writing to the other party. The Client remains liable for fees for sessions delivered before the effective date of termination.
The Provider may terminate this Agreement immediately if the Client or Student engages in conduct that is abusive, threatening or unsafe towards Provider staff or other students.
7. AUSTRALIAN CONSUMER LAW.
The Client has rights as a consumer under the Australian Consumer Law. In particular, the Provider guarantees that the tutoring services will be rendered with due care and skill (section 60 ACL), that the services will be fit for any purpose the Client makes known to the Provider (section 61 ACL), and that the services will be supplied within a reasonable time if no time is fixed (section 62 ACL). These guarantees cannot be excluded, restricted or modified by this Agreement.
If the Client has a complaint about the services, the Client should contact the Provider in the first instance. If the complaint is not resolved, the Client may contact the Australian Competition and Consumer Commission (ACCC) on 1300 302 502 or the relevant state or territory consumer affairs agency.
8. PRIVACY.
PRIVACY STATEMENT
9. GENERAL.
9.1 This Agreement constitutes the entire agreement between the Provider and the Client relating to the supply of tutoring services to the Student and supersedes all prior agreements, representations and understandings.
9.2 This Agreement is governed by the laws of PROVIDER STATE, Australia.
9.3 Any variation to this Agreement must be in writing and signed by both parties.
Provider Representative: PROVIDER CONTACT, on behalf of PROVIDER NAME
Client: CLIENT NAME, CLIENT RELATIONSHIP of STUDENT NAME
Provider Representative
________________
Signature
Date: ________________
Client (Parent / Guardian)
________________
Signature
Date: ________________
What Is a Tutoring Service Agreement (Australia)?
A Tutoring Service Agreement in Australia records the tutoring 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, tutoring service agreements are governed by the Australian Consumer Law (ACL), which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). The ACL is enforced by the Australian Competition and Consumer Commission (ACCC) at the national level and by state and territory consumer affairs agencies. The ACL applies uniformly across all Australian states and territories and cannot be varied by the parties to a contract.
The ACL imposes statutory consumer guarantees on suppliers of services. For tutoring providers, the most relevant guarantees are that services must be rendered with due care and skill (section 60 ACL), that services must be reasonably fit for any particular purpose made known to the provider (section 61 ACL), and that services must be supplied within a reasonable time if no time is fixed (section 62 ACL). These guarantees cannot be excluded by the service agreement — any clause that purports to do so is void.
The unfair contract terms (UCT) provisions of the ACL (Part 2-3) apply to standard form consumer contracts, which includes most tutoring centre agreements. A term may be challenged as unfair if it causes a significant imbalance between the parties' rights and obligations and is not reasonably necessary to protect the provider's legitimate interests. Tutoring providers should review their standard terms carefully to confirm they do not include terms that could be challenged as unfair under the ACL.
For tutoring centres that collect personal information about students and families, the Privacy Act 1988 (Cth) and the Australian Privacy Principles provide the framework for how that information must be handled. The service agreement should include a clear privacy statement.
The legal framework governing the Tutoring Service 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 Tutoring Service 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 Tutoring Service Agreement (Australia)?
A Tutoring Service Agreement is needed whenever a tutoring centre or private tutor enters into an arrangement with a client (parent or guardian) to provide ongoing or term-based tutoring services for a student. It should be signed before tutoring commences, so that both parties have clarity on the terms from the outset.
New enrolments at a tutoring centre require a signed service agreement. The agreement should be provided to the parent or guardian before or at the time of enrolment, in plain language that is easy to understand, and the parent should be given an opportunity to read it and ask questions before signing.
At the start of each new school term or academic year, tutoring centres typically update their fee schedules and may update their service agreements. Existing clients should be provided with updated agreements when terms change — particularly when fees increase or cancellation policies are revised.
When a student transitions between subjects or programs — for example, moving from general year-round tutoring to an intensive HSC or VCE preparation course — a new or updated service agreement should be signed to reflect the changed services, fees and schedule.
Private tutors operating independently (not through a centre) also benefit from having a written service agreement with each client family. Without a written agreement, disputes about lesson cancellations, payment terms and notice periods are common — and difficult to resolve without written evidence of what was agreed.
Online tutoring services — which have expanded significantly since 2020 — should also have written service agreements with clients, even where the provider and client are in different states or countries. Australian Consumer Law applies to online services supplied to Australian consumers, regardless of where the provider is physically located.
Parties in Australia should prepare a Tutoring Service 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 Tutoring Service Agreement (Australia)
A thorough Australian Tutoring Service Agreement consistent with the Australian Consumer Law and the Privacy Act 1988 (Cth) should include the following key elements.
Party identification is essential. The provider must be identified by their full legal name, ABN, address and contact details. The client must be identified as the parent or guardian entering into the agreement on behalf of the student, with the student's name, date of birth, year level and school also recorded.
Service description must be specific. The agreement should list all subjects or courses to be tutored, specify the format (in-person at the centre, online, or at the client's home), set out the session frequency and duration, and confirm the session schedule and commencement date. The course duration or term should also be stated.
Fees and payment terms must be clearly stated. The agreement should specify the session fee (including whether GST is included), any enrolment or registration fee, any materials or resources fee, the payment schedule, and the accepted payment methods. The GST treatment of the fees should be addressed.
Cancellation policy is a critical element. The agreement must specify the notice period required to cancel or reschedule a session without incurring a fee, and the fee applicable to short-notice cancellations or no-shows. The cancellation fee must be proportionate and not constitute an unfair term under the ACL.
Refund policy should explain the circumstances in which refunds are available for pre-paid fees, while acknowledging the client's rights under the ACL consumer guarantees. Blanket no-refund policies are inadvisable and may constitute an unfair term under the ACL.
Termination provisions should specify the notice period for either party to terminate ongoing tutoring services, and confirm the client's liability for fees for sessions delivered before termination.
ACL consumer guarantees acknowledgement should confirm the client's rights under the ACL and the provider's commitment to delivering services with due care and skill. A disputes clause should identify the ACCC and the relevant state consumer affairs agency as external dispute resolution options.
Privacy provisions should describe how the provider collects, holds, uses and discloses personal information about the client and student, consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Additional compliance elements for a Tutoring Service 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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Forms Legal. (2026). Tutoring Service Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/business/services/tutoring-service-agreement-australia
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author = {{Forms Legal}},
title = {Tutoring Service Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/business/services/tutoring-service-agreement-australia}},
note = {Free legal document template. Based on Corporations Act 2001 (Cth)}
}Frequently Asked Questions
Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), tutoring services are subject to statutory consumer guarantees that cannot be excluded by the service agreement. The most relevant guarantees for tutoring are: section 60 (services must be rendered with due care and skill); section 61 (services must be reasonably fit for any purpose made known to the provider); and section 62 (services must be supplied within a reasonable time where no time is fixed). If a tutoring provider fails to comply with a consumer guarantee, the client is entitled to a remedy. For a minor failure, the provider must fix the problem. For a major failure — one that significantly affects the usefulness of the service — the client may cancel the contract and obtain a full or partial refund. Tutoring agreements cannot exclude or limit these guarantees — any such exclusion is void by operation of section 64 of the ACL.
A tutoring centre can include a refund policy in its service agreement, but a blanket 'no refund' policy may breach the unfair contract terms (UCT) provisions of the Australian Consumer Law (Part 2-3 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the consumer guarantee provisions (section 64). The UCT provisions apply to standard form consumer contracts — including most tutoring agreements — and a term may be declared void if it causes a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect the provider's legitimate interests, and would cause financial detriment to the client. Additionally, regardless of what the contract says, the client always retains the right to a remedy under the consumer guarantees in the ACL if the tutoring provider fails to deliver services with due care and skill. A well-drafted refund policy should acknowledge these rights while also protecting the provider's legitimate interest in recovering costs for sessions already delivered or time reserved by the tutor.
Whether tutoring services are subject to GST depends on the nature of the provider and the services supplied. Under Division 38-D of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), tuition supplied by a recognised school, TAFE, university or other approved educational institution may be GST-free. However, tuition supplied by a private tutoring centre or individual tutor that is not a recognised educational institution is generally a taxable supply and subject to 10% GST. Providers who are registered for GST must charge GST on taxable supplies and issue tax invoices. The tutoring service agreement should clearly state whether fees are quoted inclusive or exclusive of GST. Clients who are businesses may be able to claim an input tax credit for the GST component. The Australian Taxation Office (ATO) provides detailed guidance on the GST treatment of education and training services at ato.gov.au.
If a dispute arises between a parent or guardian and a tutoring centre, the first step is to raise the matter directly with the provider — most disputes can be resolved through communication. If the dispute is not resolved, the parent may lodge a complaint with the relevant state or territory consumer affairs agency: for example, NSW Fair Trading (fairtrading.nsw.gov.au), Consumer Affairs Victoria (consumer.vic.gov.au), the Office of Fair Trading Queensland (qld.gov.au/oft), or the equivalent body in other states and territories. For disputes about consumer guarantee failures, the parent may also apply to the relevant state or territory tribunal — NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland, and equivalent bodies in other states. The ACCC (accc.gov.au) can also be contacted if the provider engages in misleading or deceptive conduct or breaches the ACL more broadly. Small claims can typically be pursued in these tribunals at minimal cost.
The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) apply to private sector organisations with an annual turnover above $3 million, as well as all health service providers regardless of turnover. A large tutoring centre that turns over more than $3 million annually is directly bound by the APPs in handling personal information about students and their families. Smaller tutoring providers below the threshold are not technically required to comply with the APPs, but many choose to do so as a matter of established standards — and several states and territories have their own privacy legislation that may apply. Regardless of the strict legal requirements, any tutoring provider that collects personal information (such as the student's name, date of birth, school and health information) should have a clear privacy statement explaining how that information is collected, held, used and disclosed. The tutoring service agreement is the appropriate place to include this statement.
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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