26Education to be free

26 Education to be free (1) Education in government schools is to be free and no fees are chargeable for it. (2) Subsection (1) does not apply— (a) in relation to tuition fees paid to a registered provider; or (b) to people who hold a temporary visa under the Migration Act 1958 (Cwlth), section 30 (2). (3) If a person to whom subsection (2) (b) applies is charged a fee, the person may ask the Minister to waive the fee (a fee waiver). (4) The Minister must waive the fee— (a) if the Minister is satisfied the person has demonstrated financial hardship; or (b) if the Minister is satisfied the person’s circumstances justify the waiver; or (c) for any other reason prescribed by regulation. (5) A fee must not be charged in relation to a child for whom a request for a fee waiver is made, and the child must not be excluded from school for nonpayment of a fee, while the request is being considered. Note It is unlawful for a public authority, including a Minister, to fail to give proper consideration to relevant human rights in making a decision (see Human Rights Act 2004, s 40B).

(6) In subsection (2): registered provider—see the Education Services for Overseas Students Act 2000 (Cwlth), section 5. tuition fees—see the Education Services for Overseas Students Act 2000 (Cwlth), section 7.