As of 1 July 2002, The Australian government, through the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) has set in place strict regulations regarding students under 18 years of age who are coming to study in Australia.

With regard to the appointment of a guardian, the regulations (as found on the DIMIA website under “What’s new”, last updated 13 February 2003, p5 -6) state that:

“Public interest Criterion 4012A and visa condition 8532 apply to student visa applicants who have not turned 18 years of age".

”The only persons who may be nominated as a carer by the parents … are a relative of the applicant who is at least 21 years old and who is of good character.  A relative eligible to be nominated as a carer includes a brother, sister, step-parent, step-brother, step-sister, grandparent aunt, uncle, niece or nephew, step-grandparent, step-aunt, step-uncle, step-niece or step-nephew.”

To meet the criterion of being “of good character”, the relative is required to undergo a police check from the country in which they have resided or spent most time during the previous 12 months.  This takes approximately 3 weeks.  A list of centres in all countries is provided by DIMIA.

“Previously, any person aged at least 18 years, including a non-relative, could be nominated as the carer.  The nominated carer must also have the right to remain in Australia for the period that the student is under 18 years of age.”

In the case where a family is unable to nominate such a carer, the institution providing the education may recommend using the services of an Accredited Care Giver.

The regulations also state that “ If a student under 18 years of age subsequently seeks or is required to change the care arrangements made at the time of visa grant, they must obtain their education provider’s approval of the proposed new arrangements.

“To change care arrangements, education providers or students should use the standard letter which can be accessed on this website.

“Providers should keep a copy of this standard letter and forward the original to this department [that is, DIMIA] as evidence that the student is meeting condition 8532.”