National Quality Framework
Centre-based Services
Staffing Arrangements
Fact Sheet | October 2011
Updated February 2014
This fact sheet outlines the educator to child ratios and qualification requirements for Victorian centre-based education and
care services operating under the National Quality Framework.
Educator to child ratios and qualifications
The table outlines the educator to child ratios and Qualification requirements.
Age
Educator to child ratio
Qualifications
Compliance
Date
Birth to 24 months
Over 24 months but less
than 36 months
1 educator to 4
 At least 50 per cent of required educators must
children
hold, or be actively working towards, an approved
(r123, r357)
diploma level qualification
36 months to preschool
1 educator to 15
age
children (r360)
1 January
2014
 All other required educators must hold, or be
actively working towards, an approved certificate III
level qualification
Over preschool age
1 educator to 15
children (r355)
 At least 50 per cent of required educators must
hold, or be enrolled and studying for, at least an
approved diploma level qualification
 All other required educators must hold, or be
actively working towards, a certificate III level
qualification approved for educators working with
children over preschool age for Victoria or
commence that qualification within 6 months of
commencing to educate and care for children
Birth to 24 months
1 educator to 4
children
Over 24 months and less
 At least 50 per cent of required educators hold, or
1 January
be actively working towards, an approved diploma
2016
level qualification
 All other required educators must hold, or be
than 36 months of age
36 months to preschool
1 educator to 11
actively working towards, an approved certificate III
age
children
level qualification
Over preschool age
1 educator to 15
children
 At least 50 per cent of required educators must hold
(or be enrolled and studying for) at least an
approved diploma level qualification
 All other required educators must hold, or be
actively working towards, a certificate III level
qualification approved for educators working with
children
over
preschool
age
for
Victoria
or
commence that qualification within 6 months of
commencing to educate and care for children
Note: A ‘required educator’ is an educator required to meet the educator to child ratios.
1
Definitions
Educator
An educator is an individual who provides education and care for children as part of an education and care service.
Working directly with children
A person is working directly with children at a given time if at that time the person—

is physically present with the children; and

is directly engaged in providing education and care to the children (regulation 13).
Actively working towards a qualification
An educator is actively working towards a qualification if they:


are enrolled in an approved education and care qualification; and
provide the approved provider of the education and care service with documentary evidence from the training
organisation that they have commenced the course, are making satisfactory progress towards completion and are
meeting the requirements for maintaining the enrolment (regulation 10).
In the case of an approved diploma level education and care qualification, the evidence must also demonstrate that the
educator holds an approved certificate III level education and care qualification; or has completed the units of study in an
approved certificate III level education and care qualification determined by the National Authority (regulation 10).
Centre-based service
A centre-based service is an education and care service other than a family day care service and includes preschools,
kindergartens, long day care and outside school hours care services.
Educator to child ratios
Educator to child ratios must be met whenever children are being educated and cared for by an education and care service
(section 169). To be counted in the educator to child ratios, educators must be working directly with children (regulation
122). The educator to child ratio is higher for children less than 36 months of age (1 educator to 4 children) than for children
36 months of age or over (1 educator to 15 children). This reflects the more intensive care younger children need.
In addition to meeting the educator to child ratios prescribed in the Education and Care Services National Regulations 2011
(National Regulations), adequate supervision of every child being educated and cared by the service must be maintained at
all times including, but not limited to, during excursions1, outdoor play, toileting and whilst children are sleeping (section
165).
Depending on the program being delivered, its location and the mixture of children’s ages and needs in the group, the
number of educators relative to the number of children may need to be increased to ensure adequate supervision and
delivery of an appropriate program for each child.
The minimum number of educators required to educate and care for children are:

children from birth to 24 months of age: 1 educator to 4 children (regulation 123)

children aged over 24 months but less than 36 months: 1 educator to 4 children (regulation 357)

children 36 months of age to preschool age: 1 educator to 15 children (regulation 360)

children over preschool age: 1 educator to 15 children (regulation 355).
1When
planning an excursion, the approved provider of an education and care service must conduct a risk assessment
before the excursion takes place in accordance with regulation 100 and regulation 101. This should include determining any
additional educators or adults required on the excursion.
2
From 1 January 2016 the minimum number of educators required to educate and care for children will be:

children from birth to 24 months of age: 1 educator to 4 children (regulation 123)

children aged over 24 months but less than 36 months: 1 educator to 4 children (regulation 357)

children 36 months of age to preschool age: 1 educator to 11 children (regulation 123)

children over preschool age: 1 educator to 15 children (regulation 355).
Note: From 1 January 2014 all educators required to meet the educator to child ratios must hold, or be actively working
towards an approved qualification.
General educator qualifications
Diploma level qualification requirements
The diploma level qualification requirements for educators are:

for children preschool age or under at least 50 per cent of required educators must hold, or be actively working
towards, at least an approved diploma level education and care qualification (regulation 126(1))

for children over preschool age at least 50 per cent of required educators must hold, or be enrolled in and
studying for, at least a diploma level qualification approved for educators working with children over preschool age
in Victoria (regulation 356(2)).
Certificate III level qualification requirements
The certificate III level qualification requirements for educators are:

for children preschool age or under all other educators required to meet the relevant educator to child ratios must
hold, or be actively working towards, an approved certificate III level education and care qualification (regulation
126)

for children over preschool age all other educators required to meet the relevant educator to child ratios must
hold, or be actively working towards, an approved certificate III level education and care qualification or commence
obtaining that qualification within six months of commencing to educate and care for children (regulation 356(3)).
Other staffing arrangements
Early childhood teacher requirements
Centre-based services educating and caring for children preschool age or under must have an early childhood teacher in
attendance, or have access to an early childhood qualified teacher working with the service (regulations 130 to 131).
This requirement does not apply to a centre-based service if the main purpose of that service is to provide education and
care to children over preschool age (regulation 129(2)). Early childhood teacher requirements vary depending on the number
of approved places, and the number of children being educated and cared for.
Actively working towards an early childhood teaching qualification
To be considered an early childhood teacher a person must be actively working towards an approved early childhood
teaching qualification, and be able to provide evidence that they have completed 50 per cent of the course, or hold an
approved diploma level education and care qualification (regulation 242).
Further information on early childhood teacher requirements
Further information in relation to early childhood teacher requirements and qualifications is available in the following fact
sheets –

Early Childhood Teacher Requirements (National Law)

Early Childhood Teacher Requirements for Funded Kindergarten Programs
Available at www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx
3
Educators who are under 18 years of age must be supervised
Educators who are under 18 must:


not work alone at the service; and
be adequately supervised at all times by an educator who has attained the age of 18 years (regulation 120).
First aid requirements
The following persons must be at any place where children are being educated and cared for by the service and immediately
available in an emergency at all times that children are being educated and cared for by the service:



at least one educator who holds a current approved first aid qualification
at least one educator who has undertaken current approved anaphylaxis management training
at least one educator who has undertaken current approved emergency asthma management training (regulation
136).
The same person may hold one or more of the above qualifications.
Note: If children are being educated and cared for at the service premises on a school site it is sufficient that the required
educators are in attendance at the school site and immediately available in an emergency.
Details of the relevant first aid qualifications, anaphylaxis management and emergency asthma training are available at
www.acecqa.gov.au/First-aid-qualifications-and-training.
Approved Qualifications
The Australian Children’s Education and Care Quality Authority (ACECQA) will publish on their website the qualifications
that have been approved for the purposes of the National Law. These lists include the qualifications that are approved for
early childhood teachers, qualified educators and certificate level educators.
Upon application, ACECQA will determine whether a qualification (including a foreign qualification) is equivalent to a
qualification required by the National Regulations (section 169(7)). An application for an assessment of equivalence must
include the information prescribed in regulation 139 and regulation 140.
A person may also apply to ACECQA to have a qualification assessed and included in the list of approved qualifications
(regulation 138). The application must include the information prescribed in regulation 138.
More information regarding applications for assessments of equivalence of qualifications or an application to have a
qualification approved under the National Law is available at the ACECQA website at www.acecqa.gov.au.
Transitional and savings provisions
Person taken to hold an approved diploma level qualification
A person is taken to hold an approved diploma level education and care qualification if –

Immediately before 1 January 2012, the person—
o was recognised under the former education and care services law of any participating jurisdiction as a diploma
level educator; or
o

held a qualification that is published under regulation 137(2)(a) in the list of former qualifications approved as
diploma level education and care qualifications (regulation 243(a) and (b)); or
The person is actively working towards an approved early childhood qualification and –
o can provide evidence to the approved provider that they have completed at least 30% of their course; or
o
holds an approved certificate III qualification; or
o
has completed approved certificate III units.
4
Person taken to hold an approved certificate III level qualification
A person is taken to hold an approved certificate III level education and care qualification if –


immediately before 1 January 2012, the person—
o
was recognised under the former education and care services law of any participating jurisdiction as a
certificate III level educator; or
o
held a qualification that is published under regulation 137(2)(a) in the list of former qualifications approved as
certificate III level education and care qualifications (regulation 244(a) and (b)); or
the person is actively working towards an approved early childhood qualification.
Educator has significant experience
An educator at a centre-based service can be counted in the relevant educator to child ratios for the service until 31
December 2015 without having, or actively working towards, a certificate III level education and care qualification if the
educator:

was continuously employed as an educator in an education and care service or a children's service for a period of at
least 15 years up to immediately before the 1 January 2012; and

is employed by the same approved provider as the educator was employed by immediately before 1 January 2012
(regulation 240).
Educators not required to have a Certificate III level qualification
The requirement to have, or be actively working towards, a certificate III level qualification does not apply to educators in
centre-based services who, by 31 December 2011, completed a professional development course approved by the
Secretary under the Children’s Services Regulations 2009; and

were employed full time and continuously as a staff member at a licensed children’s service or outside school hours
care service for a period of at least 5 years immediately preceding 25 May 2009; or

were employed part-time and continuously as a staff member at a licensed children’s service or outside school
hours care service for a period of at least 10 years immediately preceding 25 May 2009 (regulation 364).
Waivers
If, after exploring all possible options, the service is unable to comply with prescribed elements of the National Quality
Standard and the National Regulations (regulations 41 and 44) the approved provider may apply for a waiver under section
87 (service waiver) or section 94 (temporary waiver) of the Education and Care Services National Law Act 2010.
An application for a waiver may be considered where the approved provider can demonstrate extenuating circumstances
and genuine difficulty in meeting the requirements and is operating in compliance with all other provisions of the National
Quality Standard and the National Regulations. Further information can be found in the Waiver fact sheet series at:
www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
Further information
The Australian Children’s Education and Care Quality Authority (ACECQA) is the national, independent statutory
authority governing the National Quality Framework.
Phone: 1300 422 327
Email: enquiries@acecqa.gov.au
Web: www.acecqa.gov.au
The Department of Education and Early Childhood Development is the Regulatory Authority in Victoria.
Phone: 1300 307 415
Email: licensed.childrens.services@edumail.vic.gov.au
Web: www.education.vic.gov.au/childhood/providers/regulation
5