Western Australia’s centre-based ratios are 1:4 from birth to 24 months, 1:5 from over 24 months to under 36 months, 1:10 from 36 months to preschool age (stricter than the national 1:11), and a sliding table for children over preschool age (regulation 369). Since 1 May 2026, WA applies the national Law and Regulations with WA-specific changes, under the Education and Care Services National Law Application Act 2026. Some regulation numbers changed. The regulator is the Education and Care Regulatory Unit (ECRU) in the Department of Communities.
If your policies still cite the “Education and Care Services National Regulations 2012”, they refer to a WA instrument that was repealed on 1 May 2026. This page sets out the rules as they stand now.
Until 30 April 2026, WA had its own copies of the National Law and Regulations, which had to be amended separately (“corresponding” legislation). The Education and Care Services National Law Application Act 2026, assented to on 31 March 2026, repealed the Education and Care Services National Law (WA) Act 2012 and the Education and Care Services National Regulations 2012. From 1 May 2026, WA applies the national text with WA-specific changes. The two instruments are now called the Education and Care Services National Law (WA) and the Education and Care Services National Law Regulations (WA).
ECRU explains that the change preserves established WA differences and that some section and regulation numbers changed. It publishes a renumbering table, and many of the changes relate to WA’s swimming pool rules for family day care. Check any policy, procedure or template that quotes WA regulation numbers against that table.
| Age of children | Ratio in WA | Source (WA Regulations) |
|---|---|---|
| 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 | 1:10 (national rule is 1:11) | r 123(1)(c), WA version |
| Over preschool age | Table in r 369 (below) | r 123(1)(d) and r 369 |
The mixed-age rule (r 123(2)) and service-wide calculation apply as elsewhere. The WA ratio calculator applies the WA figures, including the school-age table.
For children over preschool age, regulation 369 replaces a single ratio with a table that depends on group size and on whether any preschool-age child is attending the session:
| Situation | Educators required |
|---|---|
| No preschool-age child attending | 1 for up to 10 children, 2 for 11 to 26, then 1 more for each further 13 children (27 to 39 needs 3, 40 to 52 needs 4, and so on) |
| At least one preschool-age child attending | 1 for every 10 children or part of 10 |
The same table sets how many of those educators must be qualified educators, a number that rises with group size (for example 1 up to 39 children without a preschool child, then 2). Regulation 370 defines a qualified educator as someone holding a qualification on ACECQA’s WA list for educators working with children over preschool age.
WA’s version of regulation 123 adds subregulation (2A). Despite regulation 122, an educator who is not working directly with children still counts if they are on the premises, available immediately to provide education and care, and away from direct work for no more than 30 minutes in a day. It is similar to South Australia’s regulation 325A and different from Queensland’s rest-pause rules.
Part 7.9 has separate rules for pre-kindergarten and kindergarten programmes provided by a school:
As in Victoria and South Australia, WA replaces regulation 74(1)(b). For a child over preschool age, the service documents evidence of how the program was developed, rather than evaluations of each child. See the planning cycle guide.
The Education and Care Regulatory Unit (ECRU) in the Department of Communities assesses provider and service approvals, assesses and rates services against the NQS, investigates incidents and complaints, and enforces compliance. Services outside the NQF are covered by WA’s Child Care Services Act 2007 and its regulations, which ECRU lists alongside the national framework.
In centre-based services: 1:4 from birth to 24 months, 1:5 from over 24 to under 36 months, 1:10 from 36 months to preschool age, and for children over preschool age the regulation 369 table (1 educator for up to 10, 2 for 11 to 26, then 1 more per 13; or 1 per 10 when a preschool-age child attends).
1:10. WA's version of regulation 123(1)(c) sets 1 educator to 10 children aged 36 months or over who are not over preschool age. The national figure of 1:11 does not apply in WA.
WA moved from its own corresponding legislation to applied legislation. The Education and Care Services National Law Application Act 2026 repealed the 2012 WA Act and Regulations; the national Law and Regulations now apply with WA-specific changes as the Education and Care Services National Law (WA) and Education and Care Services National Law Regulations (WA). Some regulation numbers changed.
Yes, under WA's regulation 123(2A): if the educator is on the premises, available immediately, and away from working directly with children for no more than 30 minutes in a day.
The Education and Care Regulatory Unit (ECRU) in the Department of Communities. Services outside the NQF are regulated under the Child Care Services Act 2007.
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.