Know Your Rights: Educator Ratio

Educator ratios must be upheld at all times, including during care tasks unless supervision is compromised, in which case coverage is legally required. Here’s a guide to help educators understand their rights and responsibilities around ratios and supervision, with more examples and direct links to authoritative sources.

Why Ratios Matter

Educator-to-child ratios are not just compliance metrics—they’re safeguards for:

• Child safety and well-being
• Educator workload and mental health
• Quality learning environments
• Legal protection for services and staff

What the Law Says

Under the Education and Care Services National Law and Regulations, ratios must be maintained:

• Across all areas of the service, not just individual rooms
• During transitions, excursions, and transport
• When educators are engaged in care routines, cleaning, or behaviour support

When You’re Still “In Ratio”

You’re counted in ratio only if supervision is maintained. This includes:

• Nappy changing in a visible area
• Toileting with line-of-sight or audio monitoring
• Behaviour support while still aware of the group
• Cleaning within the same room or while maintaining supervision

When Coverage Is Required

You are not considered supervising if:

• You’re in a separate bathroom with no visibility or audio connection
• You’re supporting a distressed child and cannot monitor others
• You’re cleaning in another room while children are unsupervised
• You’re preparing food or setting up activities out of sight

In these cases, another educator must step in to maintain supervision and meet ratio requirements.

Your Rights as an Educator

• You have the right to safe, supported ratios
• You should never be expected to supervise beyond legal limits
• You can raise concerns with your Nominated Supervisor or Regulatory Authority
• You’re protected under Section 169 of the National Law, which outlines offences related to staffing arrangements

What Services Must Do

Approved providers must:

• Ensure ratios are upheld during all routines
• Provide adequate staffing for coverage
• Implement clear policies on supervision, hygiene, and behaviour support
• Support educators to document and report ratio breaches

 Advocacy Tip

If you’re asked to perform tasks that compromise supervision:

• Document the situation (time, location, impact)
• Raise it respectfully with your leadership team
• Escalate to your Regulatory Authority if unresolved

Further Reading 

Q: Am I In Ratio If I Am Completing Other Tasks Within The Room?
Mixed Age Ratios In An Early Childhood Service
Educator To Child Ratio Calculator To Calculate Minimum Number
Under the Roof Ratios
Educator to Child Ratios In Early Childhood Services
Educator-to-Child Ratios: A System Built for Profit, Not Quality Care
Implementing Under The Roof Ratios
Opinion: Are Current Childcare Staffing Ratios Enough
Critical Reflection Questions For Ratios
Critical Reflection Questions For Under The Roof Ratios
Safe Ratio Recommendations In Early Childhood Services
NSW Staff Ratios and Adequate Supervision
Active Supervision vs In Ratio: Why Both Matter
Ratios and Burnout: The Hidden Cost of “Minimum Standards”
Beyond Ratios: Why Room Size Per Child Deserves Urgent Reform
Opinion: Should the “Under the Roof” Staffing Loophole Be Closed

References:
National Law and Regulations Overview – ACECQA
Active Supervision Guide – ACECQA
NSW Department of Education – Staff Ratios and Supervision
ACECQA – Qualification and Ratio Requirements
Education Standards Board SA – Ratio Guidance