{"id":"F2018L01095","name":"Immigration (Education) Regulations 2018","slug":"immigration-education-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97792,"registerId":"commonwealth-F2018L01095-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Immigration (Education) Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Immigration (Education) Act 1971.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) approved English course;\n    (b) Secretary;\n    (c) visa commencement day.\n  In this instrument:\n\n> Act means the Immigration (Education) Act 1971.\n\n> illness includes a physical or mental illness.\n\n> injury includes a physical or mental injury.\n\n> non‑participation period, in relation to an application under subsection 4C(3) or 4D(3) of the Act, means the period starting on the applicant’s visa commencement day and ending on the day on which the application is made.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"English courses","content":"## Part 2—English courses","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Requirements for application for extension of period for registration or commencement","content":"#### 6 Requirements for application for extension of period for registration or commencement\n\n  For the purposes of paragraph 4C(4)(a) of the Act, an application under subsection 4C(3) of the Act must be made:\n    (a) through a provider of an approved English course, electronically in the form approved in writing by the Secretary; and\n    (b) within 10 years after the applicant’s visa commencement day.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Matters to which Secretary must have regard when deciding on extension of period for registration or commencement","content":"#### 7 Matters to which Secretary must have regard when deciding on extension of period for registration or commencement\n\n  (1) For the purposes of paragraph 4C(6)(a) of the Act, if the application is made by an applicant who is aged under 18 years on the applicant’s visa commencement day, the following matters are prescribed:\n    (a) the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;\n    (b) the applicant’s family and caring commitments during the non‑participation period;\n    (c) any other compelling or compassionate reasons that existed during the non‑participation period for making a particular decision on the application.\n  (2) For the purposes of paragraph 4C(6)(a) of the Act, if the application is made by an applicant who is aged 18 years or over on the applicant’s visa commencement day, the following matters are prescribed:\n    (a) the applicant’s record in learning English during the non‑participation period;\n    (b) during the non‑participation period, the applicant’s participation in, and suitability for, educational services generally available to members of the public;\n    (c) the applicant’s employment record during the non‑participation period;\n    (d) the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;\n    (e) the applicant’s family and caring commitments during the non‑participation period;\n    (f) whether the applicant was not in Australia at any time during the non‑participation period;\n    (g) any other compelling or compassionate reasons that existed during the non‑participation period for making a particular decision on the application.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Requirements for application for extension of time limit on tuition","content":"#### 8 Requirements for application for extension of time limit on tuition\n\n  For the purposes of paragraph 4D(4)(a) of the Act, an application under subsection 4D(3) of the Act must be made:\n    (a) through a provider of an approved English course, electronically in the form approved in writing by the Secretary; and\n    (b) within 10 years after the applicant’s visa commencement day.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Matters to which Secretary must have regard when deciding on extension of time limit on tuition","content":"#### 9 Matters to which Secretary must have regard when deciding on extension of time limit on tuition\n\n  For the purposes of paragraph 4D(6)(a) of the Act, the following matters are prescribed in relation to a decision under subsection 4D(5) of the Act on an application:\n    (a) the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;\n    (b) whether a family member of the applicant died during the non‑participation period;\n    (c) whether the applicant had a traumatic experience during the non‑participation period;\n    (d) any other compelling or compassionate reasons that existed during the non‑participation period for making a particular decision on the application.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Citizenship courses","content":"## Part 3—Citizenship courses","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Persons to whom citizenship courses may be provided","content":"#### 10 Persons to whom citizenship courses may be provided\n\n  For the purposes of section 4E of the Act, a person who has made an application under subsection 21(1) of the Australian Citizenship Act 2007 on the basis that the person may be eligible to become an Australian citizen under subsection 21(2) of that Act is prescribed.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 4—Application, saving and transitional provisions","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Applications made under the Immigration (Education) Regulations 1992","content":"#### 11 Applications made under the Immigration (Education) Regulations 1992\n\n  Despite the repeal of the Immigration (Education) Regulations 1992, those regulations continue to apply, as if the repeal had not happened, in relation to an application made under subsection 4C(3) or 4D(3) of the Act before the commencement of this section.","sortOrder":12}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the Immigration (Education) Act 1971, which has always been to provide English tuition and citizenship education to eligible migrants while allowing for administrative flexibility. The 2018 version consolidates and updates the 1992 regulations without significantly expanding beyond the Act's established framework of providing extensions and setting application procedures."},"complexity_factors":["Heavy reliance on defined terms from the parent Act (Immigration (Education) Act 1971), including 'approved English course', 'Secretary', and 'visa commencement day', requiring cross-referencing to understand scope","Age-based bifurcation in section 7 creating two distinct assessment frameworks (under 18 vs 18 or over) with partially overlapping but distinct criteria","Temporal complexity: multiple overlapping time periods including 'visa commencement day', 'non-participation period', and the 10-year application window","Nested legislative references: regulations refer to subsections of the Act (4C, 4D, 4E), which themselves require understanding of the primary legislation structure","Procedural requirements that combine multiple conditions (electronic form, provider submission, written approval by Secretary, time limits)","Open-ended discretionary criteria ('compelling or compassionate reasons') that create interpretive uncertainty"],"plain_english_summary":"These regulations set the procedural rules for applying for extra time to access government-funded English tuition and citizenship preparation courses. They require applications to be made by course providers, impose a 10-year limit tied to visa commencement, and vest final decisions with the Department Secretary.\n\nThey affect permanent residents, eligible visa-holders, citizenship applicants and course providers, and matter because they determine access to essential language education for migrants—especially vulnerable people facing illness, trauma, caring duties or delayed advice."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not expand or remove the statutory classes eligible under the Act. They specify how applications must be made, set a 10‑year application window, define the non‑participation period, list the matters the Secretary must consider (with different lists by age), and preserve prior regulations for pending applications. Those are procedural and evidential clarifications rather than a change in substantive eligibility."},"complexity_factors":["Interplay with the Immigration (Education) Act 1971 and terms defined in the Act (requires cross‑reference)","Age‑differentiated lists of prescribed matters for decision‑making (different criteria for under‑18s and adults)","Fixed procedural requirements: electronic application via provider and a 10‑year time limit from visa commencement day","Use of the non‑participation period concept (time window tied to visa commencement day)","Secretary’s discretionary decision‑making constrained to prescribed matters but still requiring evaluative judgments (medical, compassionate, suitability)","Transitional saving that keeps the repealed 1992 Regulations applicable to prior applications (administrative continuity)"],"plain_english_summary":"This instrument sets procedural rules under the Immigration (Education) Act 1971 for extending registration or tuition periods for approved English courses and for providing citizenship courses. It requires applications to be lodged electronically through the approved course provider within 10 years of the visa commencement day, prescribes different decision factors for under‑18s and adults, and preserves earlier regulations for applications already made.\n\nApplicants and providers bear the filing and compliance costs; the Secretary decides using the listed factors (medical, family/caring, learning, employment, absence from Australia, and other compassionate reasons)."}},"importantCases":[],"_links":{"self":"/api/acts/immigration-education-regulations-2018","history":"/api/acts/immigration-education-regulations-2018/history","analysis":"/api/acts/immigration-education-regulations-2018/analysis","conflicts":"/api/acts/immigration-education-regulations-2018/conflicts","importantCases":"/api/acts/immigration-education-regulations-2018/important-cases","documents":"/api/acts/immigration-education-regulations-2018/documents"}}