Early Childhood Regulators To Review Staffing Loophole "Under The Roof" Ratio

Early childhood educators and advocates have welcomed a sweeping $189 million reform package unveiled by federal, state, and territory education ministers, which includes a long-awaited review of staffing ratios and regulatory loopholes. Among the most significant developments is the decision to examine the controversial “under the roof” ratio—a practice that has long drawn criticism for compromising child safety and supervision.

 What Is the ‘Under the Roof’ Ratio?

The “under the roof” ratio allows providers to count educators as supervising children even when they are not physically present in the same room, as long as they are within the same building. This loophole has been widely criticized for enabling unsafe staffing practices, particularly during high-risk moments such as toileting, transitions, or emotional distress.

Carolyn Smith, Early Education Director at the United Workers Union, welcomed the review:

“It is great news that education ministers have asked the Early Childhood Regulator to examine ratios, which should include examining a staffing loophole used by providers called the ‘under the roof’ ratio,” Smith said.
“This loophole needs to be closed to address very real concerns about children’s wellbeing and safety.”

Sector Advocacy Gains Momentum

The move follows sustained advocacy from educators, unions, and sector platforms. Notably, we at Aussie Childcare Network have been actively petitioning to close the “under the roof” loophole, amplifying educator voices and urging regulators to prioritize child safety over administrative convenience. Our campaign has helped bring national attention to the issue, framing it as a matter of ethical care and regulatory integrity.

Reform Package Highlights

The broader reform package includes:

• A trial of CCTV cameras in up to 300 childcare centres starting October
• A ban on mobile phones in centres from September
• Mandatory national child safety training for all early childhood workers
• An extra 1600 spot visits by the federal education department
• Development of a national educator register, with a pilot launching in December

While some educators have raised concerns about the cost and privacy implications of CCTV, most agree that addressing staffing loopholes is a critical step toward safer, more transparent care.

The decision to review educator-to-child ratios and close the “under the roof” loophole marks a pivotal moment in national childcare reform. With coordinated efforts from unions, advocacy platforms like Aussie Childcare Network, and frontline educators, the sector is pushing for a regulatory framework that reflects the realities of care and supervision. As reforms roll out, the focus must remain on restoring trust, ensuring visibility, and embedding relational safety at the heart of early childhood practice.

Further Reading 

Close the ‘Under the Roof’ Loophole in Early Childhood Staffing Ratios
Under the Roof Ratios
Implementing Under The Roof Ratios
Opinion: Should the “Under the Roof” Staffing Loophole Be Closed
Investigation Into The Misuse Of Under The Roof Ratios

Reference:
Early Educators Respond To Childcare Reform Package