CURRENT GOVERNMENT REGULATIONS APPLYING TO THE APPOINTMENT OF GUARDIANS
FOR STUDENTS UNDER 18 YEARS
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
“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
“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