The ACT changes one national ratio band: children over preschool age (outside school hours care) are 1:11 instead of 1:15 (regulation 260). The other bands are national: 1:4 from birth to 24 months, 1:5 from over 24 months to under 36 months, and 1:11 from 36 months to preschool age. ACT rules in Part 7.2 also cover qualified educators in OSHC (1 for every 33 children), a flexible way to cover absent diploma-qualified educators until 31 December 2027, and extra outdoor space rules for newer centres.
This page covers what is different in the ACT: the school-age ratio, OSHC qualifications, covering absent qualified educators, natural outdoor space and the regulator.
The ACT applies the Education and Care Services National Law through the Education and Care Services National Law (ACT) Act 2011 and uses the Education and Care Services National Regulations, with ACT-specific provisions in Part 7.2 (regulation 258). The regulatory authority is Children’s Education and Care Assurance (CECA) in the ACT Education Directorate. CECA also regulates licensed children’s programs under the Children and Young People Act 2008.
| Age of children | Ratio in the ACT | Source |
|---|---|---|
| Birth to 24 months | 1:4 | r 123(1)(a) |
| Over 24 months and under 36 months | 1:5 | r 123(1)(b) |
| 36 months or over, up to preschool age | 1:11 | r 123(1)(c) |
| Over preschool age (centre-based) | 1:11 | r 260 |
Regulation 260 applies in place of the national 1:15 in regulation 123(1)(d), so an ACT OSHC service needs more educators than the same service in most other states. Ratios are calculated across the whole service and only educators working directly with children count (regulation 122). The ACT has no short-absence provision like those in SA, Queensland, Tasmania and WA. The ACT ratio calculator applies these figures.
For children over preschool age at a centre-based service, regulation 261 requires at least 1 qualified educator for every 33 children. Under regulation 262, the first qualified educator must hold a qualification on ACECQA’s ACT list for the first qualified educator working with children over preschool age, or be enrolled and continuing to study for one and approved by the regulatory authority.
Regulation 261 allows some flexibility:
Until 31 December 2027, regulation 264 modifies the national qualification rule in regulation 126(1). If a qualified educator is not working directly with children or is absent, a centre-based service can meet the requirement with full-time equivalent qualified positions, provided ratios are met at all times and a minimum number of qualified educators is always working with children:
| Service | Children | Qualified educators at all times |
|---|---|---|
| Centre-based (not a preschool) | Under 25 | At least 1 |
| Centre-based (not a preschool) | 25 to 59 | At least 2 |
| Centre-based (not a preschool) | 60 to 80 | At least 3 |
| Centre-based (not a preschool) | More than 80 | At least 4 |
| Preschool | 50 or fewer | At least 1 |
| Preschool | 51 to 100 | At least 2 |
Regulation 265 says who counts as qualified for this purpose: a person who holds or is actively working towards an approved diploma, holds an approved early childhood teaching qualification, is taken to be an early childhood teacher, or holds a primary teaching qualification (and, for the two largest service sizes, a suitably qualified person). The regulatory authority can ask the provider to show it considered children’s best interests, including supervision. See also the national early childhood teacher requirements.
Regulation 259A adds to the national 7 m² outdoor space rule in regulation 108 for centre-based services whose service approval was applied for on or after 1 July 2024, or that had an increase in approved places approved on or after that date. Each area counted as unencumbered outdoor space must:
See the premises requirements guide for the national space rules.
1:4 from birth to 24 months, 1:5 from over 24 months to under 36 months, 1:11 from 36 months to preschool age, and 1:11 for children over preschool age at centre-based services (regulation 260).
1:11. Regulation 260 applies in the ACT in place of the national 1:15 for children over preschool age at centre-based services.
At least 1 qualified educator for every 33 children over preschool age (regulation 261), with the first holding a qualification on ACECQA's ACT list or approved while studying (regulation 262).
Children's Education and Care Assurance (CECA), part of the ACT Education Directorate, is the regulatory authority under the National Law.
Yes, for centres approved, or approved to increase places, on or after 1 July 2024. Under regulation 259A counted outdoor space must be at ground level outside the building, get at least 60% direct sunlight for 3.5 hours between 9 am and 3 pm on both solstices, and have no more than 30% permanent cover.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
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