{"id":"C1971A00003","name":"Immigration (Education) Act 1971","slug":"immigration-education-act-1971","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"3 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2246,"registerId":"C2021C00210","compilationNumber":"11","startDate":"2021-04-19","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 1-17) of the [Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020](/C2020A00139)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020","year":2020,"number":139,"titleId":"C2020A00139","provisions":"sch 1 (items 1-17)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2021-05-05T11:35:15.050Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Immigration (Education) Act 1971","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Immigration (Education) Act 1971\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nImmigration (Education) Act 1971\n\nNo. 3, 1971\n\nCompilation No. 11\n\nCompilation date: 19 April 2021\n\nIncludes amendments up to: Act No. 139, 2020\n\nRegistered: 5 May 2021\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Immigration (Education) Act 1971 that shows the text of the law as amended and in force on 19 April 2021 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Interpretation\n\nPart 2—English courses\n\n4 English courses\n\n4A Eligibility for English courses\n\n4B Obligation to provide tuition in an English course\n\n4C Ineligibility for English courses—time limits for registration or commencement\n\n4D Ineligibility for English courses—time limit on tuition\n\nPart 3—Citizenship courses\n\n4E Citizenship courses\n\nPart 4—Implementation\n\n5 Provision of teaching and learning materials\n\n7 Training courses for teachers\n\n8 Research projects\n\n9 Payments under arrangements etc.\n\n9A Services for non‑government organisations\n\nPart 5—Miscellaneous\n\n10 Delegation by the Minister\n\n10A Delegation by the Secretary\n\n11 Expenditure to be made from appropriations\n\n12 Annual reports by the Minister\n\n13 Regulations\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\nAn Act relating to the provision of certain Courses of Instruction for Immigrants and certain other Persons\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act may be cited as the Immigration (Education) Act 1971.\n\n2  Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n3  Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\napproved course means an English course provided under section 4 or a citizenship course provided under section 4E.\n\napproved English course means an English course provided under section 4.\n\ncapital equipment of an educational nature includes audiovisual equipment, computers and specialised electronic equipment, but does not include any kind of building.\n\nchild of a person has the same meaning as in the Migration Act.\n\ncitizenship course means a course of instruction designed to impart an understanding of ways of life in Australia and of the rights and duties of an Australian citizen.\n\neligible has the meaning given by section 4A.\n\nEnglish course means a course of instruction in the English language.\n\nMigration Act means the Migration Act 1958.\n\nparent of a person has the same meaning as in the Migration Act.\n\npermanent entry permit has the same meaning as in the Migration Act as in force immediately before the commencement of section 3 of the Migration Reform Act 1992.\n\npermanent visa has the same meaning as in the Migration Act.\n\nSecretary means the Secretary of the Department.\n\nteaching and learning materials includes printed materials, audio materials, materials in digital form, educational software, visual aids and audiovisual aids.\n\ntemporary visa has the same meaning as in the Migration Act.\n\nvisa commencement day, in relation to a person, means the earlier of the following days:\n\n (a) the first day the person was in Australia on or after the day when a permanent visa held by the person came into effect;\n\n (b) the first day the person was in Australia on or after the day when a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii) held by the person came into effect.\n\nvocational English: a person has vocational English if the provider of an approved English course determines, in accordance with any procedures or standards specified by the Minister under subsection (2), that the person has vocational English.\n\nVocational English\n\n (2) The Minister may, by legislative instrument, make a determination specifying procedures or standards for the purposes of the definition of vocational English in subsection (1).\n\n (3) An instrument made under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing:\n\n (a) as in force or existing at a particular time; or\n\n (b) as in force or existing from time to time.\n\nPart 2—English courses\n\n \n\n4  English courses\n\n (1) The Minister may provide, or arrange the provision of, English courses to:\n\n (a) eligible persons, while they are eligible; or\n\n (b) persons who are outside Australia and hold, or have applied for, either:\n\n (i) a permanent visa; or\n\n (ii) a temporary visa of a class specified in a legislative instrument made by the Minister.\n\n (2) The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(b)(ii).\n\n4A  Eligibility for English courses\n\n (1) A person is eligible for the purposes of this Act if he or she:\n\n (a) is in Australia and:\n\n (i) holds a permanent visa; or\n\n (ii) holds a temporary visa of a class specified in a legislative instrument made by the Minister for the purposes of this subparagraph; or\n\n (iii) previously held a permanent entry permit or a permanent visa and has become an Australian citizen; or\n\n (iv) is aged under 18 years and has at least one parent who has held or holds a permanent entry permit or a permanent visa; and\n\n (b) does not have vocational English; and\n\n (c) is not ineligible under section 4C or 4D.\n\n (2) The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(a)(ii).\n\n4B  Obligation to provide tuition in an English course\n\n (1) The Minister must provide, or arrange the provision of, tuition in an approved English course to an eligible person, while he or she is eligible, if the person:\n\n (a) holds a permanent visa; and\n\n (b) was aged at least 18 years on the first day the person was in Australia on or after the day when the permanent visa came into effect; and\n\n (c) has paid, or is exempt from paying, visa application charge under section 45A of the Migration Act for the permanent visa; and\n\n (d) did not, at any time before the permanent visa came into effect, hold another permanent visa while in Australia; and\n\n (e) is not excluded from the application of this section by the regulations.\n\n (3) This section does not limit section 4.\n\n4C  Ineligibility for English courses—time limits for registration or commencement\n\nScope\n\n (1) This section applies to a person who would (apart from this section) be eligible, if:\n\n (a) he or she has ever held a permanent visa; or\n\n (b) he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).\n\n (1A) However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.\n\nTime limits\n\n (2) The person stops being eligible:\n\n (a) if he or she fails to register with the provider of an approved English course within:\n\n (i) if he or she was aged under 18 years on his or her visa commencement day—the period of 12 months starting on that day; or\n\n (ii) if he or she was aged 18 years or over on his or her visa commencement day—the period of 6 months starting on that day; or\n\n (b) if he or she fails to start an approved English course within the period of 12 months starting on his or her visa commencement day.\n\nExtension of time\n\n (3) The person may apply to the Secretary for an extension of a period mentioned in subsection (2) (the subsection (2) period).\n\n (4) An application under subsection (3) for an extension of a subsection (2) period:\n\n (a) must be made in the manner, and within the period, prescribed by the regulations; and\n\n (b) subject to paragraph (a), may be made before or after the end of the subsection (2) period.\n\n (5) On an application under this section, if the Secretary is satisfied that it was, or would be, unreasonable for the applicant to stop being eligible under subsection (2), the Secretary may extend the subsection (2) period by a specified period.\n\n (6) In making a decision under subsection (5), the Secretary:\n\n (a) must have regard to the matters prescribed by the regulations; and\n\n (b) must not have regard to any other matter.\n\n4D  Ineligibility for English courses—time limit on tuition\n\nScope\n\n (1) This section applies to a person who would (apart from this section) be eligible, if:\n\n (a) he or she has ever held a permanent visa; or\n\n (b) he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).\n\n (1A) However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.\n\nTime limit\n\n (2) The person stops being eligible at the end of the period of 5 years starting on his or her visa commencement day.\n\nExtension of time\n\n (3) The person may apply to the Secretary for an extension of the period mentioned in subsection (2) (the subsection (2) period).\n\n (4) An application under subsection (3) for an extension of the subsection (2) period:\n\n (a) must be made in the manner, and within the period, prescribed by the regulations; and\n\n (b) subject to paragraph (a), may be made before or after the end of the subsection (2) period.\n\n (5) On an application under this section, if the Secretary is satisfied that, for compelling and compassionate reasons, the applicant should not stop, or should not have stopped, being eligible under subsection (2), the Secretary may extend the subsection (2) period by a specified period.\n\n (6) In making a decision under subsection (5), the Secretary:\n\n (a) must have regard to the matters prescribed by the regulations; and\n\n (b) must not have regard to any other matter.\n\nPart 3—Citizenship courses\n\n \n\n4E  Citizenship courses\n\n  The Minister may arrange for citizenship courses to be provided inside or outside Australia to persons prescribed by the regulations.\n\nPart 4—Implementation\n\n \n\n5  Provision of teaching and learning materials\n\n  The Minister may arrange for the purchase or production of, and the distribution of, teaching and learning materials for use in approved courses.\n\n7  Training courses for teachers\n\n (1) The Minister may arrange for the provision of training courses for teachers who are engaged, or intend to engage, in giving approved courses.\n\n (2) Where a teacher attending a training course referred to in subsection (1) is paid salary by his or her employer for the whole or a part of the period of his or her attendance, the Minister may authorize the payment to the employer of the whole or a part of the cost of the salary so paid.\n\n (3) In this section:\n\nemployer includes the Government of a State or Territory.\n\nsalary includes an allowance in the nature of a travelling allowance.\n\n8  Research projects\n\n  The Minister may arrange for the conduct of research projects designed to improve the form or content of approved courses.\n\n9  Payments under arrangements etc.\n\n (1) An arrangement under this Act may make provision for, or in relation to, the making of payments by the Commonwealth to another party to the arrangement in connexion with matters to which the arrangement relates.\n\n (2) Without limiting the generality of subsection (1), an arrangement under section 4 or 4E for the provision of approved courses may make provision for, or in relation to, the payment by the Commonwealth of the whole or a part of:\n\n (a) the cost of salaries and fees of teaching staff engaged in the giving of the courses; and\n\n (b) administrative costs (including the salaries of administrative staff) incurred in connexion with the courses; and\n\n (c) the cost of capital equipment of an educational nature to be used in the courses; and\n\n (d) the cost of teaching and learning materials (other than materials provided under section 5) to be used in the courses; and\n\n (e) the cost of student support services.\n\n (3) An arrangement under section 4 or 4E for the provision of approved courses may make provision for the Commonwealth to supply to the course provider, whether as a gift or otherwise, capital equipment of an educational nature to be used in the courses.\n\n9A  Services for non‑government organisations\n\n  The Minister may arrange to provide language training and related services to or for a non‑government organisation or non‑government body.\n\nPart 5—Miscellaneous\n\n10  Delegation by the Minister\n\n (1) The Minister may, by instrument in writing, delegate to a person appointed or engaged under the Public Service Act 1999, either generally or otherwise as provided in the instrument of delegation, all or any of his or her powers or functions under this Act, except this power of delegation.\n\n (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.\n\n (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.\n\n10A  Delegation by the Secretary\n\n  The Secretary may, by signed instrument, delegate any or all of his or her powers under this Act to an officer of the Department.\n\n11  Expenditure to be made from appropriations\n\n  Expenditure by the Commonwealth for the purposes of this Act shall be made out of moneys appropriated by the Parliament for those purposes.\n\n12  Annual reports by the Minister\n\n  The Minister shall, as soon as practicable after 30th June in each year, cause to be laid before each House of the Parliament a report on the operation of this Act during the year ended on that date, including particulars of expenditure by the Commonwealth for the purposes of this Act during that year.\n\n13  Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Act | Number and year | Assent date | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Immigration (Education) Act 1971 | 3, 1971 | 12 Mar 1971 | 12 Mar 1971 (s 2) |  |\n| Immigration (Education) Act 1973 | 110, 1973 | 12 Oct 1973 | 12 Oct 1973 (s 2) | — |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 (s 2) | s 9(1) and 10 |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 | 76, 1986 | 24 June 1986 | s 9 and Sch 1: 24 June 1986 (s 2(1)) | s 9 |\n| Immigration (Education) Amendment Act 1991 | 35, 1991 | 21 Mar 1991 | 21 Mar 1991 (s 2) | — |\n| Migration Laws Amendment Act (No. 2) 1992 | 176, 1992 | 16 Dec 1992 | s 5: 1 Jan 1993 (s 2(1)); s 4, 6 and 7: 1 Mar 1993 (s 2(2)) | — |\n| Migration Legislation Amendment Act 1994 | 60, 1994 | 9 Apr 1994 | s 85 and Sch 3 (items 39‑46): 1 Sept 1994 (s 2(3)) | — |\n| Migration Legislation Amendment Act (No. 1) 1995 | 110, 1995 | 29 Sept 1995 | s 4, 9 and Sch 2: 1 Nov 1995 (s 2(2)–(4)) and gaz 1995 No 43) | s 9 |\n| Migration Legislation Amendment Act (No. 1) 1997 | 27, 1997 | 10 Apr 1997 | Sch 1 (items 1‑17, 29 and 30): 1 May 1997 (s 2(1), (2) and gaz 1997 No S168) | Sch 1 (items 29 and 30) |\n| Migration Legislation Amendment Act (No. 1) 1998 | 113, 1998 | 11 Dec 1998 | Sch 8 (item 1): 1 May 1997 (s 2(4)) | — |\n| Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 524): 5 Dec 1999 (s 2) | — |\n| Australian Citizenship (Transitionals and Consequentials) Act 2007 | 21, 2007 | 15 Mar 2007 | Sch 2 and Sch 3 (items 14 and 21): 1 July 2007 (s 2(1) item 2) | Sch 3 (items 14 and 21) |\n| Statute Law Revision Act 2008 | 73, 2008 | 3 July 2008 | Sch 4 (item 333): 4 July 2008 (s 2(1) item 64) | — |\n| Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 10 (items 77 and 78): 1 July 2009 (s 2(1) item 28) | — |\n| Immigration (Education) Amendment Act 2010 | 112, 2010 | 14 July 2010 | 1 Jan 2011 (s 2) | Sch 1 (items 18–27) |\n| Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020 | 139, 2020 | 17 Dec 2020 | 19 Apr 2021 (s 2(1) item 2) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| Part 1 |  |\n| Part 1 heading............. | ad No 112, 2010 |\n| s 3..................... | am No 110, 1973; No 76, 1986; No 35, 1991; No 176, 1992; No 60, 1994; No 27, 1997; No 144, 2008; No 112, 2010; No 139, 2020 |\n| Part 2 |  |\n| Part 2................... | ad No 112, 2010 |\n| s 4..................... | am No 76, 1986 |\n|  | rs No 35, 1991 |\n|  | am No 60, 1994 |\n|  | rs No 112, 2010 |\n|  | am No 139, 2020 |\n| s 4A.................... | ad No 176, 1992 |\n|  | am No 110, 1995 |\n|  | rs No 112, 2010 |\n|  | am No 139, 2020 |\n| s 4B.................... | ad No 176, 1992 |\n|  | am No 27, 1997; No 113, 1998 |\n|  | rs No 112, 2010 |\n|  | am No 139, 2020 |\n| s 4C.................... | ad No 176, 1992 |\n|  | am No 27, 1997 |\n|  | rs No 112, 2010 |\n|  | am No 139, 2020 |\n| s 4D.................... | ad No 176, 1992 |\n|  | am No 27, 1997; No 21, 2007 |\n|  | rs No 112, 2010 |\n|  | am No 139, 2020 |\n| Part 3 |  |\n| Part 3................... | ad No 112, 2010 |\n| s 4E.................... | ad No 176, 1992 |\n|  | rep No 27, 1997 |\n|  | ad No 112, 2010 |\n| s 4F.................... | ad No 176, 1992 |\n|  | rep No 27, 1997 |\n| Part 4 |  |\n| Part 4 heading............. | ad No 112, 2010 |\n| s 5..................... | am No 76, 1986; No 35, 1991 |\n|  | rs No 112, 2010 |\n| s 6..................... | rep No 35, 1991 |\n| s 7..................... | am No 76, 1986; No 35, 1991 |\n| s 8..................... | am No 110, 1973; No 35, 1991 |\n| s 9..................... | am No 110, 1973; No 76, 1986; No 35, 1991; No 112, 2010 |\n| s 9A.................... | ad No 35, 1991 |\n| Part 5 |  |\n| Part 5 heading............. | ad No 112, 2010 |\n| s 10.................... | am No 146, 1999; No 73, 2008; No 112, 2010 |\n| s 10A................... | ad No 176, 1992 |\n|  | am No 112, 2010 |\n| s 12.................... | am No 110, 1973; No 216, 1973 |\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1971 Act only provided for English courses for certain immigrants (permanent entry permit holders). Over subsequent amendments, the scope expanded significantly: citizenship courses were added (1992), eligibility was broadened to include temporary visa holders (2010), and the 2020 amendment introduced time limits and extensions (sections 4C and 4D) while also extending access to persons outside Australia with visa applications. The Act now covers a wider range of migrants and visa holders, and imposes detailed eligibility criteria and time constraints that did not exist originally."},"complexity_factors":["Numerous defined terms, including several that cross-reference the Migration Act (e.g., 'permanent visa', 'temporary visa', 'child', 'parent')","Multiple conditions for eligibility (sections 4A, 4C, 4D) with exceptions and time limits that require careful reading","Time limits depend on age and visa start date, with provisions for extensions requiring the Secretary to consider prescribed matters only","The Act relies heavily on legislative instruments (e.g., specifying classes of temporary visas, vocational English standards)","Separate provisions for pre- and post-1 October 2020 visa holders add complexity","Cross-references to the Migration Act for definitions and visa charge requirements","Delegation provisions and ministerial discretion are broad"],"plain_english_summary":"This Act sets up a government scheme to provide English language courses and citizenship courses for immigrants and certain other people. \n\n**Who can get English courses?**\n- People who are in Australia and hold a permanent visa, or a temporary visa of a type specified by the Minister, or have become Australian citizens, or are under 18 with a parent who holds/had a permanent visa.\n- People outside Australia who hold or have applied for a permanent visa or a specified temporary visa.\n- To be eligible, a person must not already have 'vocational English' (a level of English determined by the course provider using government standards).\n\n**Time limits**\n- For people who first got their visa after 1 October 2020, there are deadlines: they must register for an English course within 6 months (if 18+) or 12 months (if under 18), and start the course within 12 months of their visa start date. If they miss these deadlines, they lose eligibility—unless the Secretary extends the time for reasonable reasons.\n- There is also a 5-year overall limit on how long someone can access free English tuition after their visa start date (again, with possible extensions for compelling and compassionate reasons).\n\n**Obligation to provide tuition**\nThe government must provide English tuition to eligible people who hold a permanent visa, were 18+ when they first arrived, paid the visa application charge (or were exempt), and hadn't held another permanent visa before. This is a guaranteed entitlement.\n\n**Citizenship courses**\nThe government may arrange citizenship courses (teaching about Australian life, rights and duties) for people prescribed in the regulations, both inside and outside Australia.\n\n**How the scheme works**\nThe government can make arrangements with course providers, pay for salaries, materials, equipment, and student support. It can also buy or produce teaching materials, train teachers, and conduct research to improve courses. The Minister can delegate powers to public servants, and the Secretary can delegate some powers too.\n\n**Why it matters**\nThis Act affects migrants and some temporary visa holders by giving them access to free or subsidised English tuition and citizenship education, which can help them settle and participate in Australian society. It also sets obligations on the government and imposes time limits that people must meet to keep their eligibility."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1971 Act was a simple framework for providing English instruction to immigrants. Over 50 years and multiple amending Acts (particularly 1992, 2010, and 2020), it has expanded significantly: (1) from purely discretionary to partially mandatory (section 4B creates an obligation to provide tuition); (2) from onshore permanent residents to include offshore visa applicants and temporary visa holders; (3) from simple eligibility to complex time-limit regimes with extension mechanisms; (4) addition of citizenship courses, teacher training, research projects, and NGO services. The 2020 amendments (Act No. 139) removed the 510-hour tuition cap and further expanded eligibility, representing a major policy shift from 'limited entitlement' to 'comprehensive access'."},"complexity_factors":["Multiple nested eligibility criteria in sections 4A and 4B with five separate conditions that must all be met","Complex time-limit calculations involving 'visa commencement day' definitions that differ based on age (6 months vs 12 months for registration)","Extensive cross-referencing to the Migration Act 1958 for definitions (permanent visa, temporary visa, parent, child)","Legislative instrument powers allowing Minister to specify visa classes and vocational English standards without parliamentary scrutiny","Grandfathering clause (section 4C(1A) and 4D(1A)) creating two separate eligibility regimes based on 1 October 2020 cutoff date","Delegation chains: Minister delegates to Secretary, Secretary delegates to officers (sections 10 and 10A)","Incorporation by reference provisions allowing external standards to be adopted for vocational English assessments"],"plain_english_summary":"This law sets up the Australian Government's program to teach English and Australian citizenship to immigrants.\n\n**What it does:**\n- **English courses**: The government must provide free English classes to certain new migrants who don't already speak English well enough for work ('vocational English'). This mainly applies to adults who arrived on permanent visas and paid the visa application charge. The government *may* also provide classes to other groups, including people still overseas who are applying for visas, and temporary visa holders of certain types.\n- **Citizenship courses**: The government may run courses teaching people about Australian life, rights, and responsibilities—these are for people preparing to become citizens.\n- **Support services**: The law allows the government to pay for teaching materials, train teachers, conduct research into better teaching methods, and fund non-government organisations to provide language training.\n\n**Who is eligible for compulsory English tuition:**\n- Adults (18+) who arrived on a permanent visa\n- Who paid (or were exempt from) the visa application charge\n- Who haven't held a permanent visa before\n- Who don't already have 'vocational English' (workplace-level English)\n\n**Time limits (important):**\n- If you were 18+ when you arrived: You must register for classes within **6 months** and start within **12 months**.\n- If you were under 18: You must register within **12 months**.\n- You generally lose eligibility after **5 years** from arrival.\n- The Secretary can extend these deadlines if there are good reasons (compassionate grounds for the 5-year limit; unreasonableness for registration deadlines).\n- These time limits don't apply if your 'visa commencement day' was on or before 1 October 2020.\n\n**Why it matters:**\nSpeaking English is crucial for finding work, accessing services, and participating in Australian society. This law creates the legal framework for the Adult Migrant English Program (AMEP)—the government's main tool for helping new migrants learn English. The 2020 amendments significantly expanded access by removing the 510-hour cap on tuition and extending eligibility to more visa holders."}},"importantCases":[],"_links":{"self":"/api/acts/immigration-education-act-1971","history":"/api/acts/immigration-education-act-1971/history","analysis":"/api/acts/immigration-education-act-1971/analysis","conflicts":"/api/acts/immigration-education-act-1971/conflicts","importantCases":"/api/acts/immigration-education-act-1971/important-cases","documents":"/api/acts/immigration-education-act-1971/documents"}}