Victoria uses the same National Law and National Regulations as the rest of Australia, with a short list of Victorian variations in Part 7.8 of the Regulations. The one most centres notice: in a centre-based service, children over 24 months and under 36 months need 1 educator to 4 children (regulation 357), not the national 1:5. The other age bands use the national ratios. The regulator is the Victorian Early Childhood Regulatory Authority (VECRA). Occasional care and limited hours services sit outside the NQF and are regulated under the Children’s Services Act 1996.
This page covers only what is different in Victoria. The national rules each Victorian service also follows are linked from each section.
Services approved under the National Quality Framework (NQF) in Victoria are governed by the Education and Care Services National Law, which Victoria applies through the Education and Care Services National Law Act 2010, and by the Education and Care Services National Regulations. Chapter 7 of the Regulations holds each state’s own provisions. Regulation 354 says Part 7.8 applies to Victoria, and that Part is short: it changes one ratio, sets qualification rules for school-age care, adds two screening-check duties and one documentation rule, and keeps some transitional and saving provisions.
Victoria also has an extra approved learning framework. Alongside the national Early Years Learning Framework (EYLF) V2.0 and My Time, Our Place V2.0, ACECQA lists the Victorian Early Years Learning and Development Framework (VEYLDF) as an approved learning framework specific to Victoria. See what changed in EYLF V2.0.
Ratios for centre-based services come from regulation 123, with Victoria’s change in regulation 357.
| Age of children | Ratio in Victoria | Source |
|---|---|---|
| Birth to 24 months | 1:4 | r 123(1)(a) |
| Over 24 months and under 36 months | 1:4 (national rule is 1:5) | r 357, in place of r 123(1)(b) |
| 36 months or over, up to preschool age | 1:11 | r 123(1)(c) |
| Over preschool age | 1:15 | r 123(1)(d) |
Regulation 357 is limited to centre-based services. It does not change the family day care rules. Two national rules still apply on top of the table: the ratio for mixed ages must be met at all times (r 123(2)), and only educators working directly with children count (r 122).
A room has 10 children aged between 2 and 3. Under the national 1:5 ratio that is 2 educators. In Victoria, at 1:4, it is 10 ÷ 4 = 2.5, rounded up to 3 educators. The Victorian ratio calculator applies this automatically, and the under the roof guide explains service-wide calculation.
For children over preschool age in a centre-based service, regulation 356 sets Victoria’s qualification mix for the educators who make up the ratio:
For children preschool age or under, the national qualification rules in regulation 126 and the early childhood teacher requirements apply.
Regulation 358 requires the approved provider (or a nominated supervisor or person in day-to-day charge) to read a person’s working with children check before engaging them as an educator or registering them as a family day care educator. Regulation 359 adds a family day care duty: the provider must read and consider a criminal history record check before engaging or registering a family day care educator.
Nationally, regulation 74(1)(b) requires evaluations of each school-age child’s wellbeing, development and learning. In Victoria, regulation 359A replaces that paragraph: for a child over preschool age, the provider must document evidence about how the educational program was developed. The planning cycle guide covers the documentation rules for younger children.
Not every Victorian service is an NQF service. Under section 3(1) of the Children's Services Act 1996, a “children’s service” is education and care for 4 or more children under 13, without their parents, provided for a fee or while parents use sports, leisure or similar facilities of the provider, and which is not an education and care service under the National Law. VECRA explains that these are mainly occasional care and limited hours services, often run in neighbourhood houses and recreation centres. They operate under the Act and the Children's Services Regulations 2020, which have their own staffing and ratio rules, not regulation 123. VECRA also says around 95% of Victorian early childhood services are NQF services.
VECRA is Victoria’s independent regulator for early childhood education and care. It regulates NQF services (long day care, standalone kindergarten, family day care, outside school hours care and vacation care) and services approved under the Children’s Services Act. Complaints and notifications for Victorian services go to VECRA.
For centre-based services: 1:4 from birth to 24 months, 1:4 for children over 24 months and under 36 months (regulation 357, Victoria's variation), 1:11 from 36 months to preschool age, and 1:15 for children over preschool age (regulation 123).
1 educator to 4 children in a centre-based service, under regulation 357 of the National Regulations. Most other states use 1:5 for that age group.
No. Regulation 357 applies only to centre-based services. Family day care follows the national family day care ratio rules.
The Victorian Early Childhood Regulatory Authority (VECRA). It regulates NQF services and services approved under the Children's Services Act 1996.
A service that is not an NQF education and care service and is regulated under the Children's Services Act 1996 and the Children's Services Regulations 2020, which set their own requirements. VECRA describes them as care offered on a non-regular or ad hoc basis.
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.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.