Regulation 123 sets the minimum number of educators for a centre-based service: 1 educator to 4 children from birth to 24 months; 1 to 5 over 24 months and less than 36 months; 1 to 11 aged 36 months or over, not including children over preschool age; 1 to 15 over preschool age. Mixed-age groups must meet the requirement for each child’s age band at all times (123(2)). Only educators working directly with children count (regulation 122). Some states set different figures in Chapter 7: NSW 1:10 from 36 months to under 6 years (r 271), Victoria 1:4 from 24 to under 36 months (r 357), Tasmania 1:10 or 2 per 25 in a preschool program (r 342), ACT 1:11 over preschool age (r 260), Western Australia a school-age table (r 369).
This page sets out the full text of regulation 123 as currently in force, explains each subregulation, gives the state settings that override the national bands, and works through the mixed-age calculation. Use the ratio calculator to run your own numbers; it applies the same provisions.
123 Educator to child ratios, centre-based services
(1) The minimum number of educators required to educate and care for children at a centre-based service is to be calculated in accordance with the following ratios: (a) for children from birth to 24 months of age, 1 educator to 4 children; (b) for children over 24 months and less than 36 months of age, 1 educator to 5 children; (c) for children aged 36 months of age or over (not including children over preschool age), 1 educator to 11 children; (d) for children over preschool age, 1 educator to 15 children.
(2) If children being educated and cared for at a centre-based service are of mixed ages the minimum number of educators for the children must meet the requirements of subregulation (1) at all times.
(3) If an early childhood teacher or a suitably qualified person is required under Division 5 to be in attendance at a centre-based service, subject to regulation 122 that early childhood teacher or suitably qualified person is counted as an educator at the service for the purposes of this regulation.
(4) If a centre-based service is required under regulation 130 or 131 to have access to an early childhood teacher for a period, subject to regulation 122 that teacher is counted as an educator at the service for the purposes of this regulation.
(5) In subregulations (1) and (2) a reference to children does not include a child who is, or 2 or more children from the same family who are, educated and cared for at a centre-based service in an emergency for a period of not more than 2 consecutive days on which the service operates.
(6) An approved provider of a centre-based service must not permit an additional child or additional children to be educated and cared for at the service in an emergency in the circumstances set out in subsection (5) unless the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of all the children attending the service.
Source: Education and Care Services National Regulations, reprint current as at 12 August 2026. The examples of an emergency given in the regulation are a child determined to be in need of protection under a child protection order, and a parent needing urgent health care that prevents them caring for the child.
| Age of children | Ratio | Provision |
|---|---|---|
| Birth to 24 months | 1:4 | r 123(1)(a) |
| Over 24 months and less than 36 months | 1:5 | r 123(1)(b) |
| 36 months or over, not over preschool age | 1:11 | r 123(1)(c) |
| Over preschool age (school-age care) | 1:15 | r 123(1)(d) |
| Jurisdiction | Setting | Provision |
|---|---|---|
| New South Wales | 1:10 for children aged 36 months or more but under 6 years (replaces 1:11) | r 271 |
| Victoria | 1:4 for children over 24 months and under 36 months (replaces 1:5) | r 357 |
| Tasmania | 1:10 for children from 36 months to preschool age, or 2 educators for up to 25 children attending a preschool program | r 342 |
| Australian Capital Territory | 1:11 for children over preschool age (replaces 1:15) | r 260 |
| Western Australia | School-age table: 1 educator for up to 10 children, 2 for 11 to 26, then 1 more for each further 13 or part; 1 per 10 where a preschool-age child attends | r 369 |
| Queensland, South Australia, Northern Territory | National bands apply; Queensland (r 299F to 299H) and South Australia (r 325A) have Chapter 7 provisions on counting an educator on a rest pause or short absence | r 123 |
Full state notes, including the preschool-program rules and how preschool age is defined in each jurisdiction, are in the ratios guide.
Subregulation (2) does not create a blended ratio. Each child is placed in their age band, the educators required for each band are calculated as a fraction, and the fractions are added before rounding up. The Guide to the NQF gives the method; the calculator applies it room by room and across the service.
A room with 3 children under 24 months, 5 children aged 2 and 12 children aged 3 to 5: 3/4 + 5/5 + 12/11 = 0.75 + 1.00 + 1.09 = 2.84, so 3 educators are required. In NSW the same room is 3/4 + 5/5 + 12/10 = 2.95, still 3 educators. In Victoria it is 3/4 + 5/4 + 12/11 = 3.09, so 4 educators.
Regulation 123 calculates the minimum number of educators by reference to the children being educated and cared for at the service and says nothing about rooms. That is the legal basis of the service-wide, or under the roof, approach. Education Ministers agreed in February 2026 to remove the across-the-service approach after ACECQA’s rapid assessment of ratio practices; as at the 12 August 2026 reprint the regulation has not yet been amended. Whichever way the arithmetic is done, section 165 of the Law requires adequate supervision at all times in every space. The under the roof ratios page tracks the status and the practical approach.
1 educator to 4 children from birth to 24 months; 1 to 5 for children over 24 months and less than 36 months; 1 to 11 for children aged 36 months or over who are not over preschool age; 1 to 15 for children over preschool age. New South Wales, Victoria, Tasmania, the ACT and Western Australia replace one of these bands with their own setting in Chapter 7.
Regulation 123(2) requires the minimum to meet subregulation (1) for all the children at all times. In practice each child is counted in their own age band, the educators needed for each band are calculated as a fraction, the fractions are added and the total is rounded up to the next whole educator.
Yes, while working directly with children. Regulation 123(3) and (4) count a teacher who is in attendance under regulations 132 to 135, or providing access under regulations 130 or 131, as an educator, but only subject to regulation 122.
Regulation 123 as currently in force calculates the minimum number of educators by reference to the children at the service and does not mention rooms. Education Ministers agreed in February 2026 to remove the across-the-service approach; as at the reprint current at 12 August 2026 the amendment had not been made. Adequate supervision under section 165 of the Law is required in every space regardless.
Regulation 123(5) excludes from the ratio a child, or siblings from one family, cared for in an emergency for no more than 2 consecutive operating days. Regulation 123(6) allows this only if the approved provider is satisfied on reasonable grounds that it will not affect the health, safety and wellbeing of all children attending.
Children by age group in, educators required out, room by room and across the service, with the regulation and your state’s Chapter 7 setting cited.
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.