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Compliance Bulletin
Using 'under the roof' ratios in centre-based services and supervision requirements
Ratios
The National Quality Framework (NQF) contains provisions regarding educator to child ratios in centre-based services [1], as well as a means to ensure that adequate supervision [2] and protection from harm and hazard [3] are provided for children. The ratios in the NQF are based on empirical evidence that sets the elements critical for children’s safety, health and wellbeing as well as their optimal educational and developmental needs. The organisation of educators across a service is a key factor in supporting all children to have quality opportunities to engage in meaningful learning and interactions.
At least 50 per cent of the educators who are required to meet the relevant educator to child ratios for the service must hold (or be actively working towards) at least an approved diploma level education and care qualification. All other educators required to meet the relevant educator to child ratios at the service must hold, or be actively working towards at least an approved certificate III level education and care qualification. If the service is unable to comply with these requirements at all times, the approved provider may be eligible to apply for a temporary waiver. An approved temporary waiver means a service is not required to comply with a specified requirement or requirements of the Education and Care Services National Regulations 2012 (National Regulations).
The ACECQA webpage contains guidance to explain ratio requirements and a ratio calculator for use by approved providers and their staff.
Under the Roof
The phrase 'under the roof' is not defined in the National Regulations. It is commonly used in the sector to refer to the fact that ratios are calculated across a whole service, not per room. However, it is critical to note that regardless of how the ratios are calculated, adequate supervision must be maintained at all times. The 'under the roof' approach does not remove the need for supervision to be the primary consideration when staffing a service. Further information is located within the Guide to the NQF, commencing opage 448.
The provision of ratios calculated under the roof is to allow flexibility and to move staff to other rooms when required, for short periods of time. For example, if toddlers are sleeping, an educator from that room may move across to assist in a baby room to help with feeding or nappy changes. However, when the toddlers wake up, the educator should return to the original room to maintain adequate supervision. Circumstances may arise where ratios are meeting the minimum legal requirements, but adequate supervision is not being provided, for example, due to high-risk activities being undertaken or the circumstances and needs of the children at the service. It is the responsibility of approved providers to ensure that both adequate supervision and ratios are met, even though this may sometimes mean providing more educators than legally required.
Working Directly with Children
Additionally, regulation 122 requires educators to be working directly with children to be included in ratios. This means that an individual who is working in the service kitchen, office or on non-contact time cannot be included in ‘under the roof’ ratio calculations. The National Regulations require educator-to-child ratios to be maintained at all times, no matter what activity the children or the educators are undertaking.
Some jurisdictions have specific legislative provisions which allow some flexibility for educators who are taking short breaks and are not working directly with children to be included in ratios. These jurisdictions are Queensland, Tasmania, South Australia and Western Australia. In all cases, the modifying regulations apply a time limit to the short breaks which may be taken whilst still maintaining ratios. These state/territory specific arrangements prioritise adequate supervision and protection of children from harm and hazard to be maintained at all times.
- Regulation 123, Education and Care Services National Regulations 2012
- Section 165, Education and Care Services National Law (WA) Act 2012
- Section 167, Education and Care Services National Law (WA) Act 2012
