Education Minister Jess Walsh has announced today that the government is banning the unsafe business practice of misuse of “under-the-roofline” ratios. For many educators, this statement feels like a long-awaited victory. Yet the choice of wording — misuse — leaves room for interpretation, and that ambiguity deserves closer scrutiny.
The announcement does not simply say “we are banning under-the-roofline ratios.” Instead, it specifies the misuse of the practice. This distinction matters.
- Does this mean services can still apply the ratio in certain contexts, such as shared spaces?
- Or is the loophole fully closed, with all ratios now required to be room-based?
Until regulators provide clarity, services may be left wondering whether the rule itself still exists in some form or whether it has been abolished outright.
For educators the under-the-roofline ratio has long been seen as a loophole that compromises child safety. Counting staff who are “under the roof” but not physically supervising children has left rooms under-staffed and vulnerable.
From this perspective, banning the misuse should mean banning the loophole altogether. But the language leaves enough space for services to question whether some applications remain permissible.
The announcement is a strong step forward, but the sector now needs formal clarification from ACECQA. Clear regulatory guidance will determine:
- Whether under-the-roofline ratios are abolished entirely.
- How compliance will be monitored at the room level.
- What documentation and rostering changes services must implement immediately.
Without this detail, services risk inconsistent interpretations and compliance uncertainty.
Jess Walsh’s announcement is a milestone in prioritizing child safety. Yet by framing the change around misuse, the government has left the door open to confusion. Educators deserve clarity, and services need certainty.
The sector should celebrate this progress but also press for explicit ACECQA guidance to ensure that every child, in every room, is protected by the ratios they deserve.
Further Reading
Opinion: Should the “Under the Roof” Staffing Loophole Be Closed?
Under the Roof Ratios
Implementing Under The Roof Ratios
Beyond Ratios: Why Room Size Per Child Deserves Urgent Reform
Critical Reflection Questions For Ratios
Safe Ratio Recommendations
Educator To Child Ratio Calculator
Educator to Child Ratios In Early Childhood Services
Mixed Age Ratios In An Early Childhood Service
Reference:
Senator Jess Walsh Announcement





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