Issues paper:
Costs of school education for
visa holders in Victoria
13 July 2011
Prepared by the Victorian Equal Opportunity and Human Rights Commission
About the Commission
The Victorian Equal Opportunity and Human Rights Commission is an independent
statutory body with responsibilities under three laws:
 Equal Opportunity Act 1995 1
 Racial and Religious Tolerance Act 2001
 Charter of Human Rights and Responsibilities Act 2006.
The Equal Opportunity Act makes it against the law to discriminate against people on the
basis of a number of different personal characteristics. The Racial and Religious Tolerance
Act makes it against the law to vilify people because of their race or religion.
Under the Equal Opportunity Act and the Racial and Religious Tolerance Act, the
Commission helps people resolve complaints of discrimination, sexual harassment,
victimisation, and racial or religious vilification through a free and impartial dispute
resolution service, with the aim of reaching a mutual agreement.
The Charter of Human Rights and Responsibilities requires government departments and
public bodies to act in ways which are compatible with human rights and properly consider
relevant human rights when making decisions. The Commission’s role is to educate
people about the rights and responsibilities contained in the Charter and to report annually
to the Victorian Government about the operation of the Charter. The Commission does not
handle complaints related to the Charter.
Services provided by the Commission include:



1
a free telephone Enquiry Line
a free and impartial dispute resolution service
information and education about equal opportunity, racial and religious vilification and
the Charter of Human Rights and Responsibilities.
From 1 August 2011 the Equal Opportunity Act 1995 will be replaced by the Equal Opportunity Act 2010.
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Introduction
The Victorian Equal Opportunity and Human Rights Commission is researching the
experiences of visa holders who have to pay fees for their children to attend primary
school in Victoria. Under Victorian law these students attract special tuition fees.
We are looking at this issue as part of the Commission’s research activities to advance the
objectives of the Equal Opportunity Act 2010 and the Charter of Human Rights and
Responsibilities Act 2006.
This short paper provides information about the tuition fees that are charged to overseas
students for primary school education and encourages people affected by this measure to tell
the Commission their story. Input would be appreciated by 30 August 2011.
What fees apply to primary school education for visa holders?
Victorian state schools are directed to charge up to $9,210 per primary school student for
children who are ‘overseas students’.
The Education and Training Reform Act 2006 (Vic) sets out the law about tuition fees for
all government primary schools. The Act says:

Education in key areas, for example English, Maths etc, is to be free to students
enrolled in Government schools - except overseas students (s 2.2.4(1) and (2)).

The relevant Minister can make an Order to set the amount of the fee payable for
overseas students (s 2.2.9(1)(a)).

The school principal has to follow the Order to charge fees and must expel a
student who does not pay the fee (s 2.2.9(1) and (2)).

There is provision for the Minister to let an overseas student to return or remain in
school either unconditionally or on condition agreed to by the students about the
payment of the fee (s 2.2.9(3)).
An overseas student means a person holding a visa under the Migration Act 1958 (Cth)
which allows the person to study in Victoria (s 1.1.3).
The Minister’s Order2 provides that the fees for Prep to Grade 6 are:

$7,370 for dependents of overseas students in primary education – this means the
children of overseas students studying at Victoria’s universities or other tertiary
institutions, and

$9,210 for other ‘overseas’ primary school students - the children of other
categories of visa holders.
Fees can be waived for the dependents of international postgraduate research students.
This applies to people on visa subclass 574.
2
http://www.study.vic.gov.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=23335506-E6D3-4F8E-8A7E532321D1F04C&siteName=deecd
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The Equal Opportunity Act
In general, under the Equal Opportunity Act 2010 (Vic) schools are not allowed to
discriminate against people on the basis of their nationality. There are some exceptions to
this, and discrimination is allowed if it is needed to comply with another law.
The Commission has a role in drawing government’s attention to areas of discrimination
even where they are provided for under the law. The Equal Opportunity Act says that if the
Commission becomes aware of any provision of a law that discriminates against a person,
the Commission must notify the Attorney-General and the responsible Minister (s 156(2)).
This may be one of the outcomes of this research project to help inform government about
the operation of its laws and policies.
The Charter of Human Rights and Responsibilities
The Charter of Human Rights and Responsibilities Act 2006 (Vic) is also relevant to this
issue. The Charter says that every child has the right, without discrimination, to such
protection as is in his or her best interests and is needed by him or her by reason of being
a child (s 17(2)). The Charter also provides for the protection of families (s 17(1)).
The fee policy and rate of fees chosen engages these rights when we consider the impact
they may have on family unity and the best interests of the child in accessing education
and remaining with their parents or guardians.
Public authorities, including Ministers and Government schools have obligations under the
Charter to act consistently with human rights and to take relevant human rights into
account when they are making decisions (s 38).
The Charter also recognises that public authorities need to follow what other laws ask
them to do (s 38(2)). However, there is discretion exercised under the Education and
Training Reform Act in setting the fees and allowing children to remain in school.
The Charter is relevant to these considerations.
International obligations
Australia also has obligations under international law to make primary education
compulsory and freely available. This is set out in Article 28(1)(a) of the Convention on the
Rights of the Child.
Tell us your story
The Commission is interested in hearing from people who have been affected by the
overseas student fees for primary school education in Victoria. We would like to hear
about whether you have had to deal with this issue and the impact it may have had on
your family life, financial situation and/or decision to undertake study in Victoria.
Your responses will support the Commission’s research and will inform how we talk to
government about the impact this policy is having on people in the community. We may
publish information about this research in an information paper and on our website.
From 14 July 2011 you can complete an online survey at
www.humanrightscommission.vic.gov.au/schoolfees. We do not ask for your name and
any identifying details you provide will be kept confidential. You can also contact Rivkah
Nissim at the Commission on (03) 9032 3405 for more information.
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