At present, “under the roof” ratios are not yet formally abolished in law, but Education Ministers announced in February 2026 that they intend to remove this practice. ACECQA has flagged that ratios will soon be required per room, with educators counted only when physically present and supervising children.
Until the National Law and Regulations are officially amended and ACECQA issues binding guidance, services using service‑wide calculations are not breaching current regulations, provided they maintain adequate supervision.
What “Under the Roof” Ratio Means
- Definition: Counting educators as supervising children if they are anywhere in the building, even if not in the same room.
- Problem: Creates misleading compliance on paper while leaving rooms understaffed.
- Risks: Higher chance of serious incidents (e.g., toileting accidents, emotional distress, supervision failures).
Current Position (May 2026)
- Policy intent: Ministers announced in Feb 2026 that “under the roof” ratios will be abolished.
- Direct quote from reform materials:
“The practice of meeting ratios ‘under the roof’ has been removed. Services must now meet educator‑to‑child ratios in each room, based on the number of educators physically present and supervising children.”
- Legal status: The National Law/Regs have not yet been amended. ACECQA guidance is pending.
- Compliance requirement (future): Ratios will need to be met in each room, with educators actively supervising.
What Is Allowed (Current Law)
- Room‑based ratios: Each room must meet required ratios independently once reforms take effect.
- Float staff: Counted only when physically present in a room.
- Break coverage: Ratios must remain intact during staff rotations.
What Will Not Be Allowed (Future Law)
- Under the roof ratios: Counting staff across the building.
- Centre‑wide averaging: Dividing total staff/children across rooms.
- Non‑supervising staff: Admin, cooks, or staff on break cannot be included.
Why Centres Still Use It
- Staff shortages: Reliance on the loophole during low‑staff days.
- Misinterpretation: Belief that averaging ratios across rooms is acceptable.
- Audit lag: Enforcement is still being phased in.
In short, "under the roof” ratios are flagged for removal and referenced in reform materials, but until the law/regs are amended and ACECQA issues guidance, services are not yet legally breaching regulations by using them.
Further Reading
Ratios Save Lives: Why Educators Must Shift the Battle
National Childcare Strike Looms July 15 Over Pay Dispute
Ratio Reform: Seeing Every Child, Supporting Every Educator
Opinion: Ratios Ignored While Serious Incidents Rise
Ratios and Burnout: The Hidden Cost of “Minimum Standards”
Opinion: Are Current Childcare Staffing Ratios Enough
Educator-to-Child Ratios: A System Built for Profit, Not Quality Care
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