A Tuition Agreement is a legally binding contract between a private tutor or tutoring business and a client (either an adult student or the parent or guardian of a student under 18) that governs the terms on which private tuition services are provided in Australia. It sets out the subject matter and level of study, the delivery mode (in-person or online), the session schedule, the hourly rate and GST treatment, the cancellation policy, the tutor's Working With Children Check status, child safety obligations, privacy requirements, and the parties' respective rights and obligations on termination.

In Australia, private tutoring is a substantial and growing industry. Tutors must navigate 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.

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.

A comprehensive 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.