The minimum educator-to-child ratios for Australian centre-based education and care services are set under Regulation 123 of the Education and Care Services National Regulations 2011, with the qualifying rule on who counts in Regulation 122. This page summarises the current national ratios, the jurisdictional variations, and the rules that operators most often get wrong at Assessment and Rating.
The ratios below are the national settings. Several states have stricter requirements for specific age bands. Always verify the applicable rule for your jurisdiction — WIDEN Law retrieves the relevant section of the National Regulations with a clickable source link, including state-specific provisions in Chapter 7 (Parts 7.5 to 7.11).
| Age of child | Minimum ratio | Source |
|---|---|---|
| Birth – 24 months | 1 educator : 4 children | Reg 123(1)(a) |
| 24 months – 36 months | 1 educator : 5 children | Reg 123(1)(b) |
| 36 months – preschool age | 1 educator : 11 children | Reg 123(1)(c) |
| Over preschool age | 1 educator : 15 children | Reg 123(1)(d) |
These ratios apply at all times during which the service is educating and caring for children. The total minimum number of educators is calculated by reference to all children in attendance, not just the children in each room.
An educator counts toward the ratio only when they are working directly with children at the service. This is the rule in Regulation 122. An educator who is:
...does not count. The regulator's view, consistent with the National Law's child-safety principle, is that ratio compliance is about active direct supervision, not headcount.
A short absence of an educator (up to 5 minutes) does not breach the ratio if specific conditions are met, including that the absence is not on a rest pause and no other counted educator is simultaneously absent. The detail of this provision is set out in Regulation 299H (introduced for NSW services and applied progressively). Operators relying on this provision should verify the current scope in their jurisdiction.
Where children of different ages are being educated and cared for together, the minimum number of educators must meet the ratio requirements for all children at all times. In practice this means calculating the required educators for each age band separately and rounding up.
For example, a room with 3 children aged 18 months and 4 children aged 30 months requires:
The mistake is treating "7 children, room ratio 1:5" as needing 2 educators (correct) but assuming any 2 educators is enough. If one of those 2 is on break, the room is non-compliant for the duration. Plan for breaks before Assessment and Rating, not during.
Several states have either stricter ratios for specific bands or transitional arrangements that no longer apply. The most common variations to verify for your jurisdiction:
The fastest way to confirm the current rule for your jurisdiction is to ask WIDEN Law — it retrieves the relevant Chapter 7 provision with an inline citation and a source link, so you can verify in the original PDF.
Ask any educator-to-child ratio question. WIDEN Law returns the relevant regulation with a clickable source.
Try free for 30 days →Across recent A&R cycles, the most frequent ratio-related findings include:
The shared theme is that compliance depends on the operating reality, not the staffing roster on paper. WIDEN Law can help you read the regulation against your specific scenario, but the operating discipline is yours.
1 educator to 4 children for centre-based services, under Reg 123(1)(a). The educator must be working directly with children at the service to count.
Yes — the national ratio is 1 educator to 5 children for the 24-36 month band (Reg 123(1)(b)). Some jurisdictions impose stricter requirements; verify the rule that applies in your state.
Only educators working directly with children at the service (Reg 122). Educators on break, in admin, or supervising from another room do not count. A brief absence of 5 minutes or less is tolerated under specific conditions (Reg 299H and equivalents).
Not as the primary educator. Students undertaking approved qualifications can in limited circumstances count under specific reg-based provisions; verify the exact rule for your jurisdiction via WIDEN Law or your state regulator.
Reg 299H provides a 5-minute tolerance for brief absences under specific conditions (educator not on break, no other counted educator simultaneously absent, etc.). Frequent or planned use of this provision is not what it's intended for.
This page is a research summary, not legal or compliance advice. Always verify the specific requirement applicable to your service against the Education and Care Services National Regulations 2011 and your state regulator's guidance.