Compliance focus – educator ratios and adequate supervision
Are you meeting your obligations under the National Law and Regulations? Read our refresher on key operational requirements, considerations and resources relating to staffing arrangements.
25 March 2024
Educator-to-child ratios and adequate supervision must be maintained at all times in early childhood education and care (ECEC) services. Ratio and supervision requirements work together in creating environments that focus on the needs, safety and wellbeing of children.
Educator-to-child ratios
The National Quality Framework (NQF), which includes the Children (Education and Care Services) National Law (NSW) and Education and Care Services National Regulations (National Law and Regulations), outlines the requirements for approved providers and services relating to staffing arrangements. This includes minimum educator-to-child ratios and qualification requirements.
Section 169 of the National Law outlines the responsibilities of approved providers, nominated supervisors and family day care educators in ensuring their service is operating in accordance with the NQF.
Regulation 123 sets out the minimum number of educators required to educate and care for children in centre-based services, which varies for different age groups:
birth to 24 months – 1 educator to 4 children
24 to 36 months – 1 educator to 5 children
36 months to preschool age – 1 educator to 10 children
over preschool age – 1 educator to 15 children.
Services operating rooms with mixed age groups must ensure they are meeting the minimum numbers of educators required under the ratio.
Centre-based services can use ACECQA’s educator-to-child ratio calculator to understand the number of educators required at their service to meet minimum ratios.
For family day care, the ratio is one educator to 7 children, with a maximum of 4 children preschool age or under (regulation 124).
Educators must be working directly in providing education and care to children to be counted in the ratio (regulation 122). When educators are on planned break they cannot be counted in the ratio as they are not directly involved with the education and care of children.
Qualification requirements
Under regulation 126, 50% of educators required to meet ratios must have or are actively working towards an approved diploma-level education and care qualification or higher. All other educators must have or be actively working towards an approved certificate III level education and care qualification.
Services must also engage or have access to an early childhood teacher (ECT) based on the number of children attending the service (regulation 272). Educators under the age of 18 can be included as educators when counting ratios, however they must not work alone and must be adequately supervised at all times by an educator over the age of 18 (regulation 120).
While minimum educator-to-child ratios must be maintained at all times, approved providers and nominated supervisors are also responsible for determining staffing arrangements to ensure adequate supervision to protect children from harm and hazards.
Complete ACECQA’s Approved provider – Staffing e-learning module for a refresher on your legal obligations under the NQF.
Download ACECQA’s Staffing policy guidelines (PDF 304 KB) and Six reasonable steps to ensure staff follow policies and procedures (PDF 606 KB) for practical guidance on developing and implementing policies and procedures.
Read Quality Area 4: Staffing arrangements in the Guide to the NQF for further information and guidance about the requirements for operating an ECEC service.
Adequate supervision
ACECQA defines adequate supervision as educators:
being able to respond immediately, especially when a child is distressed or in a hazardous situation
knowing where children are at all times and actively monitoring their activities.
Approved providers, nominated supervisors and family day care educators must ensure that all children being educated and cared for by their service are adequately supervised at all times (section 165). Services must also be designed and maintained in a way that facilitates supervision of children at all times (regulation 115). This includes toilets and nappy changing facilities, and sleep and rest areas.
Services must ensure adequate supervision during sleep and rest. Best practice includes an educator being in sight and hearing of sleeping children at all times so they can assess breathing and the colour of children’s skin. Risk assessments, policies and procedures must consider the suitability of staffing arrangements to adequately supervise and monitor children during sleep and rest (regulation 84B and 84C).
Adequate supervision must also be considered during the transportation of children. A risk assessment must include the number of educators that is appropriate to provide supervision, the process for entering and exiting and procedures for embarking and disembarking the means of transport including how each child is to be accounted for (regulation 102C).
When determining adequate supervision you should consider:
the age, number and ability of the children
the number and positioning of educators
each child’s current activity
areas where children are playing, in particular the visibility and accessibility of these areas
positioning of furniture in the room, ensuring this does not create hidden spots or tight areas that restrict supervision or movement
risks in the environment and experiences provided to children
the educators knowledge of each child and age group of the children
the experience, knowledge and skill of each educator
implementing supervision maps, highlighting spaces where educators should be positioned in the environment to avoid areas being unsupervised.
Watch our November 2023 ECE Connect sessions, ‘Embedding new child safe requirements’ and ‘Exploring risk in ECEC services’.
Read Section 4 Operational requirements – Quality Area 2 of the Guide to the NQF for guidance and considerations to ensure adequate supervision at your service.
Visit our Excursion and transportation regulations and Safe sleep and rest webpages for specific guidance relating to these activities. June 2023 ECE Connect sessions are also available to watch on these topics.
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