Under 18 in Australia: what guardian details must a provider record in 2026?
For a student under 18, an Australian education provider must record the name, residential address, phone number and email address of a person other than the provider who has legal authority to act on the student's behalf, plus that person's relationship to the student — parent and guardian are given as examples. This comes from section 9 of the Education Services for Overseas Students Regulations 2019 (ESOS Regulations 2019), as published on the Australian Federal Register of Legislation page for that instrument, as of September 2026.
The wording does two things at once. It sets the list of fields, and it rules out the provider itself. A school cannot fill this slot with its own name, its accommodation service, or a staff member acting in their capacity as school employee, because the regulation specifies a person other than the provider.
Who can be recorded if the parents are not in Australia?
The regulation says the recorded person must have legal authority to act on the student's behalf, and it describes the relationship by example — "for example, parent or guardian". Because parent is given only as an example, the text does not limit the entry to a parent, and it does not state that the person must live in Australia.
That distinction matters for families arranging care from overseas. The requirement is about authority and relationship, not about proximity: whoever is recorded needs to be able to act for the student in a legal sense, and the provider needs to know how that person is connected to the student. Where a parent is overseas and a relative, family friend or appointed guardian in Australia takes on that role, that person — not the school — is the one whose details go on the record.
What exactly goes on the record?
| Detail | What the regulation requires |
|---|---|
| Name | Full name of the person with legal authority |
| Residential address | Where that person lives |
| Phone number | A contact number for that person |
| Email address | An email contact for that person |
| Relationship to the student | Stated as a relationship; parent or guardian given as examples |
All five sit in paragraph 9(f) of the ESOS Regulations 2019, and the whole of 9(f) applies only where the student is less than 18 years old.
Does a change of guardian have to be reported?
Yes. Item 4 of the table in section 11 of the same instrument lists the event "the provider becomes aware that any of the details mentioned in paragraph 9(f) ... have changed", and the information to be given is "the change to the details". The condition attached is that the student is less than 18 years old — so for an under-18 student, a change in who holds authority, or in that person's name, address, phone or email, is itself a reportable event.
The same table treats the student's own contact details separately: item 3 covers changes to the residential address, phone number and email address recorded under paragraph 9(a), with no condition attached. A student moving house and a guardian changing are two different reporting triggers.
On timing, section 11 does not print a fixed number of days. It requires the information to be given "within the applicable number of days (within the meaning of subsection 19(1A) of the Act)" after the event occurs — that is, the deadline is defined in the Education Services for Overseas Students Act 2000, not spelled out as a number in this instrument. Anyone relying on the exact deadline should read section 19(1A) of the Act and check the current version of the legislation.
How does this fit with the rest of the student record?
Guardian details are one part of a wider set recorded when someone becomes an accepted student. Section 9 also prescribes the student's residential address, phone number and email address, gender, date of birth, country of birth and nationality, along with course details, tuition and non-tuition fees, and — depending on circumstances — the student's passport number where they were in Australia when they became an accepted student, and the visa number where they hold an Australian visa.
The practical point for a family living overseas: the provider's record is built from fixed fields, so an under-18 enrolment is not complete until someone other than the provider is named as the person with legal authority, with reachable contact details and a stated relationship.
Suppose an applicant is 16, both parents live outside Australia, and an aunt in Melbourne will act for them. On that assumption, the provider would record the aunt's name, residential address, phone number and email address and her relationship to the student; if the aunt later moves or a different relative takes over, item 4 makes that change reportable while the student is still under 18. This article describes how the rules read generally and is not personalised advice; particular arrangements should be checked against the official text or with a qualified professional.
Frequently Asked Questions
Can the school record itself as the person with legal authority?
No. Paragraph 9(f) of the ESOS Regulations 2019 requires "a person other than the provider" who has legal authority to act on the student's behalf. The provider is expressly excluded from that field.
Does the recorded person have to be the student's parent?
No. The regulation describes the relationship "for example, parent or guardian", which means parent is an illustration rather than the only option. What is required is a person with legal authority to act on the student's behalf, plus a statement of their relationship to the student.
Which contact details are required for that person?
Four: name, residential address, phone number and email address. These are listed in subparagraph 9(f)(i), and all of them apply whenever the student is under 18.
Must the provider report a change of guardian or a change in the guardian's contact details?
Yes. Item 4 of the table in section 11 makes any change to the paragraph 9(f) details a reportable event, with the condition that the student is under 18. The information to be given is the change itself.
Does the student's own change of address get reported the same way?
It is a separate trigger. Item 3 covers changes to the student's residential address, phone number and email address recorded under paragraph 9(a), with no condition attached, while item 4 covers the guardian details and applies only while the student is under 18.
What happens to these obligations when the student turns 18?
Paragraph 9(f) applies only where "the student is less than 18 years old", and item 4 carries the same condition. Once the student is 18, the guardian-details requirement and its change-reporting trigger no longer apply on their own terms.