5. Domestic and overseas students

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5.1 - Domestic students

For the purposes of HESA, a domestic student is defined as a student who is not an overseas student.

An overseas student under HESA is a person who:

  • is not an Australian citizen; and
  • is enrolled, or proposes to become enrolled in:
    • a course of study with a higher education provider; or
    • a unit of study access to which was provided by OUA

But an overseas student does not include:

  • a person entitled to stay in Australia, or enter and stay in Australia, without any limitation as to time (including holders of an Australian permanent visa)
  • a New Zealand citizen; or
  • a diplomatic or consular representative of New Zealand, a member of the staff of such a representative, or a spouse, de facto partner (within the meaning of the Acts Interpretation Act 1901) or dependent relative of such a representative [HESA subclause 1(1) to Schedule 1]

When considering this last dot point, providers must also consider subclause 1(2) of Schedule 1 to HESA for further clarification.

There are two types of places for domestic students: CSPs [part 20.1] and fee-paying places [part 25.1].

5.2 - Overseas students

An overseas student (within the definition set by HESA) must pay overseas student fees. Students who are in Australia on a temporary visa, including a temporary protection visa, are overseas students.