Yes. In a centre-based service you can work, and count in the ratio, while studying, as long as you are “actively working towards” an approved qualification under regulation 10. That means you are enrolled, have started the course, are making satisfactory progress and are meeting your enrolment requirements, and your employer has written evidence of this from your course provider. Outside NSW, a new educator on probation can also count for up to 3 months before starting a certificate III (regulation 126(1A)). Family day care is different: the educator must already hold a certificate III and be at least 18.
This page covers the rules for students, career changers and new starters: what counts as working towards a qualification, what your employer needs from you, and the limits for under-18s and family day care.
For children preschool age or under in a centre-based service, regulation 126(1) splits the educators who make up the ratio into two groups:
“Approved” means on ACECQA’s approved qualifications lists. Check your course is on the list before you enrol.
Under regulation 10, you are actively working towards a qualification only if all of these are true:
For a diploma, regulation 10 adds a condition. You must also hold an approved certificate III, or have completed the certificate III units ACECQA has set, or have completed the percentage of units of an approved early childhood teaching qualification that ACECQA has set. In practice, most people start as certificate III students and count towards the diploma half once they qualify.
The test is ongoing. If your enrolment lapses, or your course provider can no longer confirm satisfactory progress, you no longer meet regulation 10 and should not be counted as working towards the qualification until that changes.
Regulation 126(1A) says the certificate III requirement in 126(1)(b) does not apply to an educator employed by an approved provider on a probationary basis for no more than 3 months, across one or more of that provider’s centres. This lets a new starter work and count in the ratio while they decide on study and enrol. Regulation 126(1B) says this exemption does not apply in NSW. WA’s applied Regulations include the same subregulations. The 3 months covers all your probationary time with that provider, across any of its centres.
You can work in a centre-based service, but under regulation 120 the provider must make sure you do not work alone and are adequately supervised at all times by an educator aged 18 or over. You still need to meet the qualification rules above to count in the ratio.
A family day care educator must hold at least an approved certificate III (regulation 127). Working towards one is not enough, and the probation exemption applies only to centre-based services. Family day care educators and educator assistants must also be at least 18 (regulation 119).
For children over preschool age, regulation 126(2) leaves qualification rules to each state’s chapter of the Regulations. Examples: Victoria requires half the ratio educators to hold or be studying for a diploma and the rest to hold or work towards a certificate III, or start one within 6 months (r 356, see the Victoria guide). South Australia requires the first of every 2 educators to be qualified (r 321). WA ties the number of qualified educators to its school-age ratio table (r 370, see the WA guide).
Employers can use the roster checker to test a day’s roster against the ratio and qualification rules.
In a centre-based service, yes, if you are actively working towards an approved qualification under regulation 10 (enrolled, started, making satisfactory progress, with evidence from your course provider). Outside NSW, a new educator on probation for up to 3 months can also count without starting a certificate III (regulation 126(1A)). Family day care educators must already hold a certificate III.
Under regulation 10, the educator is enrolled in the course and gives the approved provider documentary evidence from the course provider that they have commenced, are making satisfactory progress, and are meeting the requirements to maintain enrolment. Extra conditions apply for a diploma.
Yes, as part of the 50 per cent who must hold or be actively working towards a diploma, if you meet regulation 10, which for a diploma also requires holding a certificate III or having completed the certificate III units (or the share of early childhood teaching units) set by ACECQA.
In a centre-based service, yes, but under regulation 120 they must not work alone and must be adequately supervised at all times by an educator aged 18 or over. Family day care educators must be at least 18 (regulation 119).
No. Regulation 126(1B) excludes NSW from the probation exemption in regulation 126(1A).
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.