Is OSHC a tuition fee in Australia (2026)? How Australia's ESOS Regulations split tuition and non-tuition fees
No — health insurance is not a tuition fee. Section 7(3)(b) of the Education Services for Overseas Students Regulations 2019 lists "health insurance" among the classes of fees that sit outside tuition fees, and Overseas Student Health Cover (OSHC) is health insurance, so it lands on the non-tuition side of the line. The classification is checked against the Australian Government's Federal Register of Legislation text of the Education Services for Overseas Students Regulations 2019 as at September 2026, and it matters for a practical reason: the same Regulations require your provider to record tuition and non-tuition amounts separately.
Why does the tuition vs non-tuition split exist at all?
Because the Regulations treat the two kinds of money differently from the moment they are received. Section 7(1) applies to fees a provider receives "directly or indirectly" from an overseas student or intending overseas student, or from another person who pays on the student's behalf — so the rule follows the payment, not the payer.
Section 5 then defines non-tuition fees for a course as an amount a provider receives from a student accepted for enrolment or enrolled, from an intending student who has taken steps towards enrolling, or from someone paying on that person's behalf, that is not tuition fees. Non-tuition is the residual box: whatever fails the tuition test falls into it.
What actually counts as tuition fees?
Section 7(2) puts a fee on the tuition side when it is paid for lectures, tutorials, tutoring sessions, training, excursions, fieldwork, laboratories or practical experience that either form part of a course the provider is providing or offering to provide (whether or not they are a mandatory part), or are intended to help the student progress in such a course. Fees for matters ancillary to those activities also count — the Regulations give the example of supplying materials for use in laboratories or training.
Two things follow. The test is about the activity the money buys, not about how the institution labels the line on your statement. And "mandatory" is not the switch: the text expressly says course activities count whether or not they are compulsory.
Which five fee classes are listed as non-tuition?
| Class in section 7(3) | What it covers | Point worth noting |
|---|---|---|
| Books or equipment sold to the student | Items transferred to you as a purchase | Buying is the trigger; materials merely supplied for labs or training fall under the ancillary tuition rule |
| Health insurance | OSHC and other health cover | Listed with no condition attached — paying it does not turn it into tuition |
| Administration | Administrative charges | A broad label, listed separately from course delivery |
| Accommodation | Where you live | Short stays during training, excursions, fieldwork or practical experience covered by section 7(2)(a) are carved out |
| Help with a student visa | Assisting the student to apply for, or hold, a student visa | Assistance with the visa is not course delivery |
Is accommodation always a non-tuition fee?
Not quite. Section 7(3)(d) excludes accommodation that the student occupies for a short time while undertaking training, excursions, fieldwork or practical experience to which section 7(2)(a) applies. An overnight stay that is part of a field trip therefore behaves differently from a semester-long lease: the first is tied to a course activity, the second is where you live.
The same logic explains the books line. Textbooks sold to you are non-tuition; materials supplied for use in a laboratory or training session are treated as ancillary to the course activity and sit on the tuition side. Ownership and use, not the item itself, do the work.
What must a provider record about these amounts?
Section 13 sets out the records a registered provider must keep for each accepted student who is enrolled or who has paid any tuition fees. They include:
- the total of the tuition fees paid for the student for the course;
- for each tuition fee amount, whether it was paid for the full course or part of it, and the duration of that course or part;
- the total of the non-tuition fees paid for the student for the course;
- the total of tuition fees and non-tuition fees combined;
- any tuition or non-tuition fees that have become payable but have not been paid;
- copies of written agreements between the provider and the student;
- the amount the student will be charged to access the student's records.
So the split is not an accounting preference. Your provider is required to know and record a tuition total, a non-tuition total, and a combined total, and to keep the written agreement behind them.
How should you read your own offer and statement?
Suppose a student receives a single invoice that adds OSHC, an administration charge and a housing payment into one "course fees" figure. Under the Regulations that combined figure cannot be the whole picture: section 13 still requires the provider's records to hold the tuition total, the non-tuition total and the combined total as separate entries, and to keep a copy of the written agreement. The invoice is one document; the statutory record is another, and the second is the one the Regulations prescribe.
This is general information about how the Regulations classify fees, not advice on any individual enrolment or visa, and where a decision carries financial or immigration consequences it should be checked against the official text and a qualified professional.
Frequently Asked Questions
Is OSHC a tuition fee in Australia?
No. Section 7(3)(b) of the Education Services for Overseas Students Regulations 2019 lists health insurance as a class of fees outside tuition fees, and OSHC is health insurance. It is a non-tuition fee.
Does it matter that a fee is compulsory for my course?
Not by itself. Section 7(2)(a)(i) says course activities count toward tuition fees whether or not they are a mandatory part of the course, so compulsion is not the dividing line — the nature of what the fee buys is.
Are books and equipment tuition fees?
Books and equipment sold to the student are listed as non-tuition in section 7(3)(a). Materials supplied for use in laboratories or training sit on the tuition side instead, as matters ancillary to course activities under section 7(2)(b).
Is accommodation always a non-tuition fee?
Almost always, but section 7(3)(d) carves out accommodation occupied for a short time while undertaking training, excursions, fieldwork or practical experience covered by section 7(2)(a). Short, course-linked stays are treated differently from ordinary housing.
What totals must my provider record?
Section 13 requires the total tuition fees paid, the total non-tuition fees paid, the combined total, and any amounts that have become payable but remain unpaid, along with the duration of the course or part paid for and copies of the written agreement.
Does it matter if my parents or a sponsor pays instead of me?
The rule follows the payment rather than the payer. Section 7(1) covers fees a provider receives directly or indirectly from the student, an intending student, or another person who pays on their behalf, and the section 5 definition of non-tuition fees says the same.
References
- Federal Register of Legislation — Education Services for Overseas Students Regulations 2019 s 7 Tuition fees
- Federal Register of Legislation — Education Services for Overseas Students Regulations 2019 s 5 Definitions
- Federal Register of Legislation — Education Services for Overseas Students Regulations 2019 s 13 Details of which a registered provider must keep records