Understanding Regulation 122 and Adequate Supervision in ECEC

In early childhood education and care, child safety is not just a number—it’s a practice. While educator-to-child ratios are essential, they are only one part of a broader obligation: ensuring adequate supervision at all times. Together, these two pillars—Regulation 122 and Section 165—form the foundation of safe, responsive, and compliant care.

Regulation 122: Who Counts in Ratios?

The sector term “under the roof”—used to describe counting all staff present toward ratios—is not a regulatory concept and is not referenced in the National Law or Regulations.

Under Regulation 122, only educators who are actively working directly with children can be counted toward educator-to-child ratios. This means:

Educators on planned breaks, completing administrative tasks, or in non-contact roles must not be included in ratio calculations.
Physical presence alone does not meet compliance requirements.

This distinction is critical. Misapplying ratios can lead to non-compliance findings, compromise child safety, and erode sector trust.

Section 165: What Is Adequate Supervision?

Meeting ratios does not guarantee adequate supervision. According to Section 165, all children must be adequately supervised at all times. ACECQA defines this as:

Educators being able to respond immediately, especially in hazardous or distressing situations.
Knowing where children are at all times and actively monitoring their activities.

Supervision must be intentional, dynamic, and environment-aware—not passive or assumed.

High-Risk Moments: Sleep, Rest, and Transitions

Regulations 84B and 84C require services to ensure continuous supervision during sleep and rest. Best practice includes:

An educator being in sight and hearing of sleeping children.
Monitoring breathing and skin tone.
Staffing arrangements based on risk assessments, not just ratios.

During excursions and transport (Regulation 102C), supervision must include:

Clear processes for entering, exiting, and accounting for each child.
Adequate educator numbers based on environmental and procedural risks.

Mealtimes and Medical Safety

Supervision during meals is vital to:

Prevent and manage allergy and anaphylaxis risks.
Support safe eating and responsive care.

Factors That Influence Supervision Quality

Services must consider:

Age, number, and ability of children.
Positioning and number of educators.
Current activities and emotional states.
Visibility and accessibility of play areas.
Furniture layout to avoid hidden or tight spots.
Environmental risks and experiences offered.
Educators’ knowledge of each child and their developmental needs.
The experience and skill level of each educator.

Implementing supervision maps is a practical strategy to ensure no area is left unsupervised and educators are positioned with purpose.

Leadership in Action

Approved providers and service leaders must move beyond informal language and ensure that staffing arrangements reflect both ratio compliance and supervision integrity. This includes:

Clear rosters that distinguish between active duty and non-contact roles.
Embedding Regulation 122 and Section 165 into training, induction, and daily practice.
Using real-time supervision tools to support visibility and responsiveness.

Regulation 122 and adequate supervision are not just legal requirements—they are expressions of care, professionalism, and child protection. When services align staffing with both ratio and supervision standards, they create environments where children are safe, seen, and supported.