Regulations 130 to 134 scale the early childhood teacher (ECT) requirement to the number of children preschool age or under. A centre-based service with fewer than 25 approved places needs access to an ECT for at least 20 per cent of its operating time, which can be by information communication technology. A service educating 25 to 59 children on a day needs an ECT in attendance for at least 6 hours that day (if it operates 50 or more hours a week) or 60 per cent of operating hours, or it can instead employ a full-time or full-time equivalent ECT. At 60 to 80 children a second ECT or suitably qualified person must also be in attendance for 3 hours or 30 per cent, and at more than 80 children for 6 hours or 60 per cent, with full-time employment alternatives at each tier. The requirement does not apply to a service whose main purpose is school-age care (regulation 129(2)). A diploma holder or primary teacher can cover an absent ECT for up to 60 days a year (regulation 135). The offence is section 169 of the Law.
This page sets out Division 5 of Part 4.4 of the National Regulations as reprinted on 12 August 2026: the tiers, what in attendance and access mean, who counts as an ECT or a suitably qualified person, the absence rules, the jurisdiction-specific variations, and the roster evidence an authorised officer will ask for.
| Children preschool age or under | Requirement | Alternative | Provision |
|---|---|---|---|
| Fewer than 25 approved places | Access to an ECT working with the service for at least 20 per cent of the time the service provides education and care; may be by information communication technology; may be calculated quarterly | None needed | r 130 |
| 25 or more approved places but fewer than 25 children on the day | Comply with r 130 (access) during any period with fewer than 25 children; any period an ECT is in attendance under r 132 counts toward it | r 131 | |
| 25 to 59 children on a given day | One ECT in attendance for at least 6 hours that day (service operating 50 or more hours a week) or 60 per cent of operating hours (under 50 hours a week) | Approved places 25 to 59 and the service employs a full-time or full-time equivalent ECT | r 132 |
| 60 to 80 children on a given day | One ECT in attendance 6 hours or 60 per cent, plus a second ECT or suitably qualified person in attendance for at least 3 hours or 30 per cent | Approved places 60 to 80 and the service employs a full-time or FTE ECT plus a second ECT or suitably qualified person for half the full-time hours | r 133 |
| More than 80 children on a given day | One ECT in attendance 6 hours or 60 per cent, plus a second ECT or suitably qualified person in attendance for at least 6 hours or 60 per cent | Approved places over 80 and the service employs two full-time or FTE ECTs (or one ECT and one suitably qualified person) | r 134 |
Three definitions drive the table. The count is of children preschool age or under being educated and cared for on the day, excluding a child cared for in an emergency under regulation 123(5) (regulation 129(3)). The tier for regulations 132 to 134 is set by the children present, not approved places, so a 70-place service that has 55 children on a quiet day is in the 25 to 59 tier that day; the employment alternatives, by contrast, are keyed to approved places. And “50 or more hours a week” refers to the service’s operating hours, so a long day care service open 7 am to 6 pm five days a week (55 hours) is in the 6-hour column, while a sessional kindergarten is in the percentage column.
Under regulation 11 an ECT or suitably qualified person is in attendance when they are physically present at the service and carrying out education and care activities, which include working directly with children, planning programs, mentoring, coaching or supporting educators, facilitating research, or performing the role of educational leader under regulation 118. The ECT does not have to be in a room counted in the ratio to be in attendance, and an ECT who is also the educational leader satisfies the requirement while doing that work on the premises. The ECT does count toward the ratio only while working directly with children (regulation 122), and counts toward the 50 per cent diploma requirement in the same circumstances (regulation 126(3)).
Under regulation 130 a small service needs only access: an ECT working with the service for 20 per cent of operating time, which can be remote by information communication technology and averaged across a quarter. A service open 50 hours a week therefore needs around 10 ECT hours a week, which may be a shared or visiting ECT.
If an ECT required in attendance under regulation 132, 133(1)(a) or 134(1)(a) is absent because of short-term illness, resignation, a practicum placement for an approved qualification, or leave, the following may be taken to be the ECT during the absence: a person holding an approved diploma, a person holding a primary teaching qualification, and, for the 60-plus tiers, a suitably qualified person. The second ECT or suitably qualified person position can likewise be covered by a diploma holder or primary teacher. Each position can be covered for a maximum of 60 days in any 12-month period, pro rata for a part-time position. Resignation is a listed circumstance, so the 60 days is also the recruitment window: after it, a service that still has no ECT is non-compliant and should talk to its regulatory authority about a staffing waiver under section 87 of the Law before, not after, the day count runs out.
Regulation 129 notes that Chapter 7 contains provisions affecting Division 5 in particular jurisdictions. Three matter in practice. Queensland regulations 299G and 299I allow the ECT or suitably qualified person to be treated as in attendance while on a rest pause or absent for 5 minutes or less. New South Wales Part 7.3 Division 2 contains its own staffing and qualification provisions, including the long-standing NSW requirements for larger services, which should be read alongside regulations 132 to 134. Several jurisdictions have transitional provisions in their Part 7 Divisions preserving pre-2012 arrangements for particular individuals. If your service operates in more than one state, apply each state’s Part separately.
Section 169(2) and (4) make the approved provider and the nominated supervisor responsible for educators meeting the qualification requirements prescribed for their role; the penalty is $34,200 for an individual and $172,000 otherwise for a provider that is not an individual. Under the NQS the arrangements are assessed in Quality Area 4 (Element 4.1.1) and the ECT’s leadership of the program in Quality Area 1 and Element 7.2.2.
It depends on the number of children preschool age or under. Fewer than 25 approved places: access to an ECT for 20 per cent of operating time (regulation 130). 25 to 59 children on the day: one ECT in attendance for 6 hours (service open 50 or more hours a week) or 60 per cent of operating hours (regulation 132). 60 to 80 children: that ECT plus a second ECT or suitably qualified person for 3 hours or 30 per cent (regulation 133). More than 80: the second position for 6 hours or 60 per cent (regulation 134). Each tier has a full-time employment alternative.
No. Regulation 11 treats an ECT as in attendance when physically present at the service and carrying out education and care activities, which include planning programs, mentoring educators and performing the educational leader role, not only working directly with children. The ECT counts toward the educator to child ratio and the 50 per cent diploma requirement only while working directly with children.
Only for services with fewer than 25 approved places. Regulation 130(2) allows the 20 per cent access requirement to be met by information communication technology, averaged over a quarter. Regulations 132 to 134 require physical attendance.
Under regulation 4, a person who holds a qualification on ACECQA’s published list of approved qualifications for suitably qualified persons, or a higher qualification approved for that purpose. A suitably qualified person can fill the second position required at 60 or more children under regulations 133 and 134, and can cover an absent first ECT at those tiers under regulation 135, but cannot be the first ECT.
Regulation 135 lets a person holding an approved diploma or a primary teaching qualification be taken to be the ECT during an absence caused by short-term illness, resignation, a practicum placement or leave, for up to 60 days in any 12-month period, pro rata for a part-time position. If recruitment will take longer, apply to the regulatory authority for a staffing waiver under section 87 before the 60 days run out.
No. Regulation 129(2) excludes a centre-based service whose main purpose is to provide education and care to children over preschool age. A service that mainly cares for preschool-age children but also runs a school-age program counts only the preschool-age-or-under children when applying regulations 130 to 134.
No. Regulation 130 applies only where the approved number of places for children preschool age or under is fewer than 25. A 40-place centre is covered by regulation 131 when fewer than 25 children attend and regulation 132 (an ECT in attendance 6 hours or 60 per cent, or a full-time or FTE ECT employed) when 25 or more attend.
Ask how a specific day’s numbers and hours sit against regulations 130 to 135, or how your state’s Chapter 7 provisions change the answer. WIDEN Law cites the regulation in each reply.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.