A family day care educator can educate and care for no more than 7 children at a time, of whom no more than 4 can be preschool age or under (regulation 124). At a residence, the educator’s own children and any other children there who are under 13 count towards the 7 if no other adult is caring for them. The educator must hold at least a certificate III (r 127) and be at least 18 (r 119). The service needs qualified coordinators (diploma, r 128) in a set ratio to educators (r 123A).
This page covers the family day care rules that differ from long day care: child numbers, who counts, educator and coordinator requirements, educator assistants, and checking homes and venues.
The approved provider can approve in writing an educator caring for more than 7 children, or more than 4 preschool-age children, but only in exceptional circumstances (r 124(5) and (6)):
An educator has two children of her own at home, aged 4 and 9, with no other adult there. Both count. With her own 4-year-old already among the 4 preschool places, she can take at most 3 more preschool-age children, and no more than 5 more children in total.
Every family day care coordinator must hold an approved diploma (r 128). The minimum number of full-time-equivalent (FTE) coordinators depends on the service’s age and number of educators (r 123A):
| Service | Minimum coordinators |
|---|---|
| Operating less than 12 months | 1 FTE for every 15 educators or part (1 to 15 educators: 1 FTE; 16 to 30: 2 FTE) |
| Operating 12 months or more | 1 FTE for up to 25 educators, plus 0.2 FTE for every further 5 educators or part |
The provider can approve a family day care educator assistant, but only with written consent from a parent of each child in that educator’s care (r 144). An assistant can step in only in set circumstances:
The provider must assess each proposed residence and venue, including a risk assessment, before children are cared for there. It must then reassess each residence and approved venue at least once a year (r 116). Regulation 116(2) lists what the assessment must consider. It includes whether the home suits the number, ages and abilities of the children, safe evacuation from a multi-storey building, nappy change arrangements, any water hazards, water features or pools, and risks from animals. Educators must tell the provider about planned renovations and other relevant changes (r 116(3)). WA has its own family day care swimming pool rules, many of which were renumbered when WA moved to applied law on 1 May 2026 (see the WA guide).
Under the 27 February 2026 reforms, images of children may be taken only on service-supplied or service-authorised devices, which cannot be used for personal purposes. Regulators also gained wider powers to enter and inspect family day care premises. See the child safety reforms.
One educator to no more than 7 children at a time, of whom no more than 4 can be preschool age or under (regulation 124). The educator's own children under 13, and other children at the residence, count if no other adult is caring for them.
Yes, at a residence, if they are under 13 and no other adult is present and caring for them (regulation 124(2)(b)).
Only with the approved provider's written approval in exceptional circumstances: all the children are siblings, a child needing protection is best placed with that educator, or the residence or venue is in a rural or remote area with no alternative service.
At least an approved certificate III, held (not just working towards) under regulation 127, and the educator must be at least 18 (regulation 119).
Under regulation 123A: in the first 12 months, 1 full-time-equivalent coordinator per 15 educators or part; after that, 1 FTE for up to 25 educators plus 0.2 FTE for each further 5 educators or part. Coordinators must hold an approved diploma (regulation 128).
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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