As an education or training provider, it’s essential that you have all your legal obligations sorted. Whether it be drafting the right contracts, choosing the best business structure or ensuring you’re compliant with the relevant laws for your industry, our legal team can assist you. Contact us today to learn more!
To set up an education or training business in Australia, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the Australian Securities and Investments Commission (ASIC).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place.
- Complying with privacy and data protection policies and procedures.
- Registering with relevant industry bodies (e.g. vocational education and training providers, language schools).
The qualifications you may need will depend on the type of education business or services you are providing. In addition, these requirements can differ depending on the state or territory in which you are conducting business.
Generally speaking, however, if you are going to be working closely with young students and children, you'll need to obtain a Working With Children Check.
Furthermore, you need to consider IP laws that apply to you, especially if you'll be reproducing content for educational purposes. In these cases, it's wise to include copyright disclaimers in your content and T&Cs for students to sign when they engage with your business.
If you're looking to become a teacher, you'll need to hold the relevant degree and other specific qualifications to teach in a certain area or at a certain level.
Like many other businesses, there are specific regulations that will apply to your education or training business. For instance, it's worth familiarising yourself with the Australian Consumer Law (ACL) which regulates the way you represent your services to clients and customers. This law protects the interests of customers in light of unfair business practices.
Furthermore, you also need to comply with your employer obligations, such as those under the Fair Work Act. This includes ensuring your employees are paid correctly (for example, in accordance with their modern award, enterprise agreement or National Employment Standards) and maintaining a safe workplace in line with Safe Work Australia's requirements.
