Quality Area 4: Staffing arrangements

The approved provider and nominated supervisor have responsibilities under the National Law and Regulations to ensure the service meets minimum staffing arrangements including:

• a responsible person – appointed to oversee the day-to-day operation of a service
• qualifications – staffing arranged to meet early childhood teaching, diploma and certificate III qualifications, school age care qualifications, as well as first aid, anaphylaxis and emergency asthma management training and child protection
• educator to child ratios – minimum number of educators working directly with children
• an educational leader – appropriately qualified and experienced educational leader/s to lead the implementation of the educational program
• a family day care co-ordinator – appropriately qualified person to support family day care educators.

See a summary of responsibilities and qualification and ratio requirements at the end of this chapter.

4.1 Responsible person

4.1.1 Responsible person

 

[  National Law, Sections 161, 162, 164 ]

The approved provider must ensure that a responsible person is present at a centre-based service all times that the service is educating and caring for children. A responsible person is:

• the approved provider or a person with management or control
• a nominated supervisor
• a person in day-to-day charge of the service.

In a family day care service, the responsible person must be available to provide support to family day care educators. This includes being available to be contacted by telephone to provide advice and assistance to a family day care educator.

The approved provider may nominate a person to be a nominated supervisor if they meet certain requirements (see Responsibilities of the approved provider in nominating a nominated supervisor, below).

The approved provider or a nominated supervisor may appoint a person to be in day-to-day charge of a service if they meet certain requirements (see Person in day-to-day charge of a service below).

4.1.2 Responsibilities of the approved provider in nominating a nominated supervisor

[  National Law & Regulations, Sections 161, 161A, Regulation 117C ]

An approved service must have at least one nominated supervisor. The nominated supervisor must provide written consent to the nominated supervisor nomination. For more information on nominated supervisor requirements, see Applications and Approvals – Application for service approval.

It is an offence for an approved provider to nominate a person to be a nominated supervisor if they do not meet prescribed minimum requirements.

Minimum requirements to be a nominated supervisor

[  National Regulations, Regulation 117C ]

To be a nominated supervisor the person must:

• be at least 18 years of age
• have adequate knowledge and understanding of the provision of education and care to children
• have the ability to effectively supervise and manage an education and care service.

In determining whether to nominate a person as the nominated supervisor, the approved provider must consider:

• the history of the person’s compliance with:
  • the National Law
  • a former education and care services law
  • a children’s services law
  • an education law
• any decision under the National Law, or any other children’s services or education law, to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person.

Guidance for approved providers in nominating a nominated supervisor

An approved provider must assess if a person meets the minimum requirements (above) before they nominate the person to be a nominated supervisor.

The approved provider should also consider if the person has adequate knowledge and understanding of the provision of education and care and the ability to effectively supervise and manage a service (see below).

Adequate knowledge and understanding

The approved provider should consider the person’s qualifications, skills and work experience in determining if the person has adequate knowledge and understanding of the provision of education and care of children.

The approved provider may consider the following types of evidence against this requirement:

• a supervisor certificate previously issued to the person under the National Law, including any conditions which were imposed on the supervisor certificate
• a resumé detailing the person’s position, duties, duration of employment and their employer’s details
• a written reference from an employer that addresses the person’s knowledge and understanding of the provision of education and care to children
• transcripts demonstrating completion of an education and care qualification. For example, evidence of completing an approved diploma level education and care qualification may indicate that the person has adequate knowledge and understanding of the provision of education and care to children.

Approved providers may also consider any other type of evidence that satisfies them of the person’s adequate knowledge and understanding of the provision of education and care to children.

Ability to effectively supervise and manage an education and care service

Under the National Regulations a nominated supervisor must have the ability to effectively supervise and manage a service. A person may meet the requirement even if they do not have experience managing a service. For example, the approved provider may determine the person has the required ability if they have management experience at other service types, or in related sectors.

The approved provider should consider how a person’s skills and experience contribute to their ability to manage a service in accordance with the National Law and Regulations. This may include consideration of a person’s:

• knowledge of, and ability to apply, practices that help ensure the education and care needs of children are met
• knowledge of, and ability to apply, practices that help ensure a service complies with the National Law and Regulations
• skills in managing relationships with staff and families at the service.

Approved providers may consider the following types of evidence for this requirement, as well as any other type of evidence of a person’s management ability:

• a supervisor certificate previously issued to the person under the National Law and any conditions which were imposed on the certificate
• a resumé detailing their position, duties, duration of employment and their employer’s details
• a written reference from an employer that addresses the person’s management ability
• transcripts or a certificate of attainment, demonstrating completion of units of study or professional development that are relevant to supervising or managing an education and care service. For example, courses or units that relate to staff management or managing an education and care service in accordance with the National Law and Regulations.

Child protection

Each nominated supervisor, person in day-to-day charge and family day care co-ordinator must have completed the child protection training (if any) required in their state or territory.

Record keeping

Information used to assess a person’s suitability to be a nominated supervisor should be kept as evidence on file. This may include records of reference checks, declarations, copies of qualifications or course completion certificates.

If the prospective nominated supervisor is a new employee to the service, the provider should conduct thorough checks of the person’s references, including their current and previous employers. Each referee should be asked if they are aware of any compliance action under the National Law or any other law in relation to the candidate. Referee responses should be recorded and kept on file.

This evidence will help demonstrate the approved provider has taken reasonable steps to comply with requirements under the National Law. This evidence does not need to be submitted to the regulatory authority.

After the nomination

If the approved provider becomes aware of a matter or incident which affects the ability of the nominated supervisor to meet the minimum requirements for that position, they should consider if it is appropriate to remove the person from their position as nominated supervisor.

For example, if the provider becomes aware the nominated supervisor has had compliance action against them, they should reassess if that person is still suitable to be in the position.

See Governance and leadership for more information on notifying the regulatory authority about changes to nominated supervisors or persons in day-to-day charge.

4.1.3 Person in day-to-day charge of a service

[  National Law & RegulationsSections 5(1), 162, 162A. Regulation 117A, 117B ]

The approved provider or a nominated supervisor may place a person in day-to-day charge of a service. A person in day-to-day charge of the service is the point of contact for parents and staff and must meet minimum requirements to be appointed to the role (see below).

The person must give written consent to being a person in day-to-day charge.

A person in day-to-day charge is a responsible person under section 162 of the National Law. A service does not need to have a person in day-to-day charge if a nominated supervisor or approved provider is the responsible person at the service (see Responsible person).

Being in day-to-day charge of a service does not place any additional legal responsibilities on a person under the National Law. For example, where an educator becomes a person in day-to-day charge, the responsibilities relevant to educators under the National Law continue to apply. A person’s legal responsibilities do not increase because they consent to being a person in day-to-day charge.

Minimum requirements for person in day-to-day charge

[  National Regulations, Regulation 117B ]

A person must be at least 18 years of age to be placed in day-to-day charge of a service.

Before placing a person in day-to-day charge, the approved provider or a nominated supervisor must take reasonable steps to ensure that the person:

• has adequate knowledge and understanding of the provision of education and care to children
• has the ability to effectively supervise and manage an education and care service

The approved provider or the nominated supervisor must have regard to:

• whether the person has a satisfactory history of compliance with—
  • the National Law
  • a former education and care services law
  • a children’s services law
  • an education law
• any decision under the National Law, or any other children's services or education law, to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person.

Guidance for approved providers and nominated supervisors for placing a person in day-to-day charge

An approved provider must assess if a person meets the minimum requirements (above) before they place the person in day-to-day charge.

The approved provider should also consider if the person has adequate knowledge and understanding of the provision of education and care and the ability to effectively supervise and manage a service (see below).

Adequate knowledge and understanding

The approved provider should consider the person’s qualifications, skills, work experience and familiarity with the service in determining if the person has adequate knowledge and understanding of the provision of education and care of children.

The approved provider may consider the following types of evidence against this requirement:

• a supervisor certificate previously issued to the person under the National Law including any conditions which were imposed on the supervisor certificate
• a resumé detailing the person’s position, duties, duration of employment and their employer’s details
• a written reference from an employer/s that addresses the person’s knowledge and understanding of the provision of education and care to children
• transcripts demonstrating completion of an education and care qualification. For example, evidence of completing an approved diploma level education and care qualification may satisfy the provider or nominated supervisor that the person has adequate knowledge and understanding of the provision of education and care to children
• other types of evidence that demonstrate adequate knowledge and understanding.

Ability to effectively supervise and manage an education and care service

Under the National Regulations a person in day-to-day-charge must have the ability to effectively supervise and manage a service. A person may meet the requirement even if they do not have experience managing a service. For example, the approved provider or nominated supervisor may determine the person has the required ability if they have management experience at other service types, or in related sectors.

The approved provider or nominated supervisor should consider how a person’s skills and experience contribute to their ability to manage a service in accordance with the National Law and Regulations. This may include consideration of a person’s:

• knowledge of, and ability to apply, practices that help ensure the education and care needs of children are met
• knowledge of, and ability to apply, practices that help ensure a service complies with the National Law and Regulations
• skills in managing relationships with staff and families at the service.

Approved providers and nominated supervisors may consider the following types of evidence for this requirement, as well as any other type of evidence that satisfies them of a person’s management ability:

• a supervisor certificate previously issued to the person under the National Law and any conditions which were imposed on the certificate
• a resumé detailing their position, duties, duration of employment and their employer’s details
• a written reference from an employer that addresses the person’s supervision and management abilities
• transcripts or a certificate of attainment, demonstrating completion of units of study or professional development that are relevant to supervising or managing an education and care service. For example, courses or units that relate to staff management or managing an education and care service in accordance with the National Law and Regulations.

Child protection

Each nominated supervisor, person in day-to-day charge and family day care co-ordinator must have completed the child protection training (if any) required in their state or territory.

Record keeping

Information used to assess a person’s suitability to be placed in day-to-day charge should be kept as evidence on file. This may include records of reference checks, declarations, copies of qualifications or course completion certificates.

If the prospective person in day-to-day charge is a new employee to the service, the provider should conduct thorough checks of the person’s references, including their current and previous employers. Each referee should be asked if they are aware of any compliance action under the National Law or any other law in relation to the candidate. Referee responses should be recorded and kept on file.

This evidence will help demonstrate that the approved provider has taken reasonable steps to comply with requirements under the National Law. This evidence does not need to be submitted to the regulatory authority.

After placing a person in day-to-day charge

Approved providers and nominated supervisors should consider any changes to a person’s circumstances which affect their suitability to be a person in day-to-day charge. If the approved provider or nominated supervisor becomes aware of a matter or incident which affects the ability of the person in day-to-day charge to meet the minimum requirements for that position, they should consider if it is appropriate to remove the person from this position.

For example, if the provider becomes aware the person has had compliance action against them, they should reassess if that person is still suitable to be in charge.

4.2 Educator qualifications

4.2.1 Qualification requirements for centre-based services with children preschool age or under

[  National Law, Section 169 ]

The approved provider and nominated supervisor must ensure the service is meeting the minimum qualification requirements for:

• Early childhood teacher
• Diploma
• Certificate III

4.2.2 Early Childhood Teacher and Suitably Qualified Person Requirements

 

 

[  National Regulations, Regulations 129–135, Regulation 272   NSW   ]

Centre-based services with children who are preschool age or younger must have access to, attendance of, or employ or engage an early childhood teacher (ECT). The requirements are based on the number of children at the service.

These regulations do not apply if the main purpose of the centre-based service is to provide education and care to children over preschool age.

To know whether the ‘main purpose’ of the service is to educate and care for children over preschool age, authorised officers may consider the following:

• are the majority of children enrolled or attending over preschool age? For example 60 per cent is a persuasive factor, 70 per cent would be more persuasive whereas 51 per cent would be less so.
• does the service operate mostly or solely out of school hours?
• does the service advertise provision of education and care for school age children?

Services with fewer than 25 approved places or fewer than 25 children in attendance

The service must have access to an early childhood teacher for at least 20 per cent of the time that the service provides education and care.

Access to an early childhood teacher may be through information communication technology, such as video conferencing, and the access may be calculated on a quarterly basis.

A record must be kept of the period that the early childhood teacher is working directly with children and not working directly with children (regulation 152).

Services with 25 to 59 children

An early childhood teacher must be in attendance. In attendance means being physically present at the service, and carrying out education and care activities including one or more of the following:

• working directly with children (included in ratios)
• planning programs
• mentoring, coaching or supporting educators
• facilitating education and care research
• performing the role of educational leader.

A record must be kept of the period that the early childhood teacher is in attendance at the service (regulation 152).

Where the early childhood teacher at the service is not working full-time, they must be in attendance for at least 6 hours on a given day if the service operates for 50 or more hours a week. If the service operates for less than 50 hours a week, they are required to be in attendance for 60 per cent of the operating hours of the service on the day.

An alternative arrangement to meet these qualification requirements is to employ or engage a full-time or full-time equivalent early childhood teacher at the service.

[  National Regulations, Regulation 239A   NT    NSW    SA    TAS    WA   ]

Centre-based services located in remote or very remote areas in the Northern Territory, South Australia, Tasmania and Western Australia are meeting regulation 132(1), and services located in remote or very remote areas in New South Wales are meeting regulation 272(1A), for attendance of an early childhood teacher if the service has access to an early childhood teacher who works with the service at least 20 per cent of the time, calculated quarterly. The early childhood teacher may be working with the service through information technology.

This transitional provision is scheduled to expire in New South Wales, the Northern Territory, South Australia, Tasmania and Western Australia on 31 December 2024.

Services with 60 or more children

These services must either have access to or attendance of either two early childhood teachers, or an early childhood teacher and a ‘suitably qualified person’.

A record must be kept of the period that each early childhood teacher and suitably qualified person in is attendance at the service (regulation 152).

The hours that early childhood teachers and suitably qualified persons not employed or engaged full-time are required to be in attendance at a service differ depending on the number of children at a service. For services with 60 or more children, the first early childhood teacher must be in attendance for at least 6 hours on a given day, if the service operates for 50 or more hours a week. If the service operates for less than 50 hours a week, they are required to be in attendance for 60 per cent of the operating hours of the service on the day.

For services with 60–80 children, the second early childhood teacher or suitably qualified person must be in attendance for at least 3 hours a day on any given day if the service operates for 50 or more hours a week, or for 30 per cent of the operating hours of the service on the day if it operates for less than 50 hours a week.

An alternative arrangement to meet these requirements is to employ or engage a full-time or full-time equivalent early childhood teacher, and a second equivalent early childhood teacher or suitably qualified person for half of the full-time or full-time equivalent hours at the service.

At services with more than 80 children, the second early childhood teacher or suitably qualified person must be in attendance for at least 6 hours a day on any given day if the service operates for 50 or more hours a week, or for 60 per cent of the operating hours of the service on the day if it operates for less than 50 hours a week.

An alternative arrangement to meet these requirements is to employ or engage a full-time or full-time equivalent early childhood teacher, and a second full-time or full-time equivalent early childhood teacher or suitably qualified person.

Centre-based services located in remote or very remote areas in the Northern Territory, South Australia, Tasmania and Western Australia are meeting regulations 133(1) or 134(1) for attendance of an early childhood teacher if the service has access to an early childhood teacher working with the service at least 40 per cent of the time. Alternatively, the service can have access to an early childhood teacher working with the service at least 20 per cent of the time, and a second early childhood teacher or suitably qualified person working with the service at least 20 per cent of the time, calculated quarterly. The early childhood teacher or suitably qualified person may be working with the service through information technology.

This transitional provision is scheduled to expire in New South Wales, the Northern Territory, South Australia, Tasmania and Western Australia on 31 December 2024.

As the suitably qualified person is interchangeable with the second early childhood teacher required at a service, many of the provisions that relate to early childhood teachers also relate to suitably qualified persons. These are referred to throughout this section on early childhood teachers.

Services located in NSW are unaffected by these changes, as additional ECT staffing requirements have been in place for several years under regulation 272.

Who is an early childhood teacher?

[  National Regulations, Regulations 137, 139, 241 ]

A person can be counted as an early childhood teacher if they:

• hold an approved early childhood teaching qualification that is published on ACECQA’s approved qualifications lists. This includes current approved early childhood teacher qualifications, and former approved early childhood teaching qualifications commenced before 1 January 2012
• hold a qualification that ACECQA has recognised to be an equivalent early childhood teacher qualification
• are taken to hold an approved early childhood teaching qualification under regulation 241 and approved under former state and territory laws in place before the National Law.

See General saving and transitional provisions below for more information.

Who is a ‘suitably qualified person’?

ACECQA has determined that a suitably qualified person is:

• an individual who is ‘actively working towards’ (see regulation 10 of the National Regulations and further guidance for providers to assist them to determine whether satisfactory progress is being achieved) an approved early childhood teaching qualification and has completed at least 50 per cent of the qualification or holds an approved early childhood education and care diploma, or
• an individual who is registered (accredited in New South Wales) as a primary or secondary school teacher in Australia and holds an ACECQA approved early childhood education and care diploma (or higher approved qualification).

General saving and transitional provisions

Persons taken to hold an approved early childhood teaching qualification

[  National Regulations, Regulation 241 ]

A person is taken to hold an approved early childhood teaching qualification if, immediately before 1 January 2012 (or 1 August 2012 if in WA), the person belonged to one of the below groups.

Person taken to hold an approved early childhood teaching qualification

The person was recognised under the former education and care services law, or for the purposes of a preschool funding program, of any participating jurisdiction as an early childhood teacher, and was employed or engaged in a declared approved service as an early childhood teacher

The person held a qualification on the list of former approved early childhood teaching qualifications or was enrolled in a qualification on the list of former approved early childhood teaching qualifications and has since completed the qualification

The person was registered or accredited as an early childhood teacher in accordance with the requirements of any participating jurisdiction. This sub-regulation does not apply if immediately before 1 January 2012 (or 1 August 2012 if in WA) the person was registered or accredited as an early childhood teacher or equivalent on the basis that the person was working towards an early childhood teaching qualification or equivalent.

The person was employed to deliver a pre-preparatory learning program in Queensland under the Education (General Provisions) Act 2006 (that is, teachers in Bound for Success services)

The person was registered as a teacher under the Teachers Registration and Standards Act 2004 of South Australia and was employed to deliver a preschool program

The person was registered as a teacher under the Teachers Registration Act 2000 of Tasmania and was employed to deliver a preschool program at a school established or registered under the Education Act 2016 of Tasmania

The person was registered as a teacher under the Education (Queensland College of Teachers) Act 2005 of Queensland and held a qualification on the list of former approved diploma level education and care qualifications or on the list of approved certificate III and diploma level education and care qualifications for Queensland (international). Or, the person was registered as a teacher in Queensland and enrolled in one of these qualifications and is actively working towards the qualification or has completed the qualification. Or, the person was registered as a teacher in Queensland and enrolled in an approved diploma qualification on or before 31 December 2013 and is actively working towards the qualification or has completed the qualification.

If any restrictions applied to a person’s recognition as an early childhood teacher before 1 January 2012 (or 1 August 2012 if in WA), the person is taken to be an early childhood teacher with those same restrictions.

Recognition as an ‘equivalent early childhood teacher’

[  National Regulations, Regulation 137(3) ]

ACECQA has determined that a person who holds ALL of the following is recognised as equivalent to an early childhood teacher:

• a primary or secondary teaching qualification AND
• teacher registration in Australia (called ‘accreditation’ in New South Wales) AND
• an ACECQA approved certificate III level (or higher) early childhood education and care qualification.

This transitional measure is scheduled to cease at the end of 2024, however individuals who have obtained this combination of qualifications before the end of 2024 will continue to be recognised under this provision.

Persons taken to be an early childhood teacher

[  National Regulations, Regulation 242   ACT    NSW    NT    SA    TAS    WA   ]

Under regulation 242 of the National Regulations, you are ‘taken to be an ECT’ if you:

• are enrolled in an ACECQA approved early childhood teaching qualification AND
• can provide evidence that you:
  • are making satisfactory progress towards completing the course AND
  • hold an approved diploma level educator qualification, or have completed at least 50 per cent of the course.

Early childhood teacher and suitably qualified person illness or absence

[  National Regulations, Regulation 135 ]

If an early childhood teacher is absent from a centre-based service educating and caring for 25 or more children who are preschool age or under because of short-term illness, leave, resignation or because they are attending supervised professional experience placements for their approved education and care qualification, the teacher may be replaced by a person who holds:

• an approved diploma level education and care qualification, or
• a qualification in primary teaching.

If an early childhood teacher required to be in attendance under regulations 133(1)(a) or 134(1)(a) is absent from a centre-based service educating and caring for 60 or more children who are preschool age or under because of short-term illness, leave, resignation or because they are attending supervised professional experience placements for their approved education and care qualification, the teacher may be replaced by a person:

• who holds an approved diploma level education and care qualification, or
• who holds a qualification in primary teaching, or
• who is a suitably qualified person.

If a second early childhood teacher or suitably qualified person required to be in attendance under regulations 133(1)(b) or 134(1)(b) is absent from a centre-based service educating and caring for 60 or more children who are preschool age or under because of short-term illness, leave, resignation or because they are attending supervised professional experience placements for their approved education and care qualification, the educator may be replaced by a person who holds:

• an approved diploma level education and care qualification, or
• a qualification in primary teaching.

For services where the regulation does apply, each early childhood teacher required to be in attendance can only be replaced for no more than 60 days in any 12 month period. That is, a 60 day limit applies to the combined periods of absence taken by the early childhood teacher (or teachers if there is a job share arrangement) required to be in attendance under regulations 132(1), 133(1)(a) and 134(1)(a). A separate 60 day limit applies to all second early childhood teachers/suitably qualified persons in attendance under regulations 133(1)(b) and 134(1)(b).

The 12 month period does not have a set commencement date and is not based on a calendar year. Instead, it is determined by looking at the 12 month period immediately prior to the day an early childhood teacher or suitably qualified person is replaced and calculating whether or not the 60 day maximum has been exceeded during that period. If the service has not exceeded the 60 day limit, it can replace an early childhood teacher or suitably qualified person with one of the persons specified in regulation 135(1) (see above).

Authorised officers may check a person's primary teaching qualification or registration as a primary school teacher in Australia (referred to as accreditation in NSW) to verify whether a person has a qualification in primary teaching.

[  National Regulations, Regulation 272 ]  NSW 

Regulation 272 applies to centre-based services in NSW that educate and care for 25 or more children preschool age or under. The number of early childhood teachers required differs depending on the number of children being educated and cared for:

• 25–29 children preschool age or under – one early childhood teacher in attendance for at least 6 hours a day if the service operates for 50 or more hours a week, or 60 per cent of the operating hours of the service on a day if the service operates for less than 50 hours a week
• 30–39 children preschool age or under – one early childhood teacher in attendance at all times
• 40–59 children preschool age or under – two early childhood teachers in attendance at all times
• 60–79 children preschool age or under – three early childhood teachers in attendance at all times
• More than 80 children preschool age or under – four early childhood teachers in attendance at all times.

The National Regulations set the minimum educator to child ratios.

General qualification requirements

At least 50 per cent of the educators who are required to meet the relevant educator to child ratios for the service must hold (or be actively working towards) at least an approved diploma level education and care qualification.

All other educators who are required to meet ratio requirements must hold (or be actively working towards) at least an approved certificate III level education and care qualification.

Working without a qualification

 

[  National Regulations, Regulation 126 ]

  ACT    NT    TAS    QLD    SA    VIC    WA   A three (3) month probationary period applies to new educators working without an approved qualification in Vic, Qld, WA, SA, ACT, NT and Tas. New educators can be counted as certificate III qualified educators for ratio purposes for up to three months from the date they commence in the service before they need to start actively working towards their qualification. The probationary period is linked to the approved provider which means the probationary period is not extended if the educator moves to another service operated by the same approved provider. If the educator is employed by a different approved provider, they are eligible for another three-month probationary period.

If an approved provider chooses to have more educators than required under the ratios, the additional educators are not required to meet qualification requirements. For example, if a centre-based service requires 10 educators to meet the minimum prescribed ratios at a particular time, and 12 educators are educating and caring for children at that time, the eleventh and twelfth educators are not required to hold an approved qualification.

Early childhood teachers

A person with an approved early childhood teaching qualification can be counted as an educator for the purposes of educator to child ratios.

Suitably qualified person

A suitably qualified person can be counted towards meeting qualification requirements under regulation 126. See the definition of suitably qualified person in the Glossary.

Actively working towards an approved qualification

The National Regulations include provisions to recognise an educator who is ‘actively working towards’ an approved qualification. See the definition of ’actively working towards’ in the Glossary).

To check whether general educator qualification requirements are being met, authorised officers may ask to see the record of educators working directly with children (centre-based services) or the record of staff, family day care educators, co-ordinators and assistants (for family day care services) required under regulations 153 and 177. Staff records should include evidence of any relevant qualification held by the staff members, or evidence that the staff member is actively working towards a qualification such as a transcript or letter from the course provider.

Some staff may be taken to hold a qualification under a transitional or saving provision.

General saving provisions

[  National Regulations, Regulation 239 ]

Regulations 126 and 123 (and any regulation that applies in the place of those regulations) do not apply to a centre-based service that delivers a preschool program in a school in a class or classes where a full-time education program is also being delivered to school children (a composite class). The service is taken to comply with these regulations for the purposes of assessment and rating.

Remote or very remote areas

[  National Regulations, Regulation 240 ]

  SA    TAS    WA  An educator at a centre-based service in a remote or a very remote area in South Australia, Tasmania and Western Australia can be included to meet educator to child ratios without holding (or ‘actively working towards’) a certificate III level education and care qualification if the educator:

• has been continuously employed as an educator in an education and care service or a children’s service for at least 15 years up to immediately before 1 January 2012 (or 1 August 2012 if in WA) AND
• is employed by the same provider as employed the educator immediately before 1 January 2012 (or 1 August 2012 if in WA).

This transitional provision is scheduled to expire in South Australia, Tasmania and Western Australia on 31 December 2024.

4.2.4 Qualification requirements for centre-based services with children over preschool age

 

There are no national qualification requirements for educators at centre-based services educating and caring for children over preschool age. The following states and territories have qualification requirements:

• Australian Capital Territory
• Queensland
• South Australia
• Victoria
• Western Australia.

There are some jurisdiction-specific and transitional and savings provisions in relation to qualification requirements. Regulatory authorities in these states and territories will provide information specific to their jurisdiction.

4.2.5 Qualification requirements for family day care services

Family day care educator qualifications

 

[  National Law & Regulations, Section 51, 169, Regulations 127, 415 ]

From 1 July 2023, new family day care educators must hold an approved certificate III level (or higher) qualification prior to commencing their role in a family day care service and they cannot be 'actively working towards' a qualification.*

Existing educators currently engaged at a family day care service have until 1 July 2024 to complete an approved qualification**. If by this time, an educator does not hold an approved certificate III level (or higher) qualification, the approved provider can apply for a waiver, which the regulatory authority may consider granting if it is satisfied the provider has reasonable justification for not being able to comply.     

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* Please check the legislation for commencement dates in Western Australia.

** This does not apply in South Australia, where educators must already hold at least an approved certificate III level education and care qualification.

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Minimum requirements for family day care educator

[  National Regulations, Regulations 143A ]

Before registering or engaging a person as a family day care educator, an approved provider of a family day care service must:

• take reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children
• consider the person’s history of compliance with:
  • the National Law
  • a former education and care services law
  • a children’s services law
  • an education law
• consider any decision under the National Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under:
  • the National Law
  • a former education and care services law
  • a children’s services law
  • an education law.

Failure to comply with these requirements is an offence with a penalty of $2,200.

Registering or engaging family day care educators

Approved providers must take reasonable steps when registering or engaging family day care educators to ensure that they have adequate knowledge and understanding of the provision of education and care to children. ‘Reasonable steps’ is not defined in the National Law or Regulations.

Consistent with the approach taken to other guidance in this publication, the information below is guidance only. The steps that approved providers take to comply with this requirement will depend on the circumstances of each case, as well as the information available to the approved provider at the time.

Approved providers must also have regard to a candidate’s history of compliance with relevant laws that would make them suitable to be a family day care educator.

A robust selection process involves gathering information from the candidate and from other sources to verify the accuracy of the candidate’s claims. Recording this information and keeping it on file can help the approved provider show that they have taken reasonable steps to comply with their regulatory obligations.

Compliance and enforcement history checks

When registering or engaging family day care educators, the approved provider must have regard to the candidate’s history of compliance with relevant laws and any enforcement action previously taken against the candidate. To ensure they are registering or engaging a suitable person, approved providers could consider the following actions:

• ask the candidate to declare in writing:
  • information about any compliance or disciplinary action under the National Law, or any other children’s services or education law
  • whether they have been subject to a prohibition notice under the National Law
  • whether they have held or applied for a licence, approval, registration, certification or other authorisation under the National Law (or any other children’s services or education law), which a regulatory authority refused, refused to renew, suspended or cancelled.
• keep the candidate’s declaration on file (see optional form at Appendix C – Compliance history statement for prospective family day care educators in Operational Requirements. This form is also available on the ACECQA website (www.acecqa.gov.au)
• conduct thorough recruitment process emphasising a commitment to child safety and wellbeing, including during advertising, interview processes and checks of the candidate’s references (including their current and previous employers)
• when undertaking reference checks, ask each referee if they are aware of any enforcement action or non-compliance under the National Law or any other children’s services or education law in relation to the candidate
• consider the reasons the candidate left their previous role, particularly if they were formerly registered with another approved provider
• record referee responses and keep this information on file.

Approved providers may wish to take extra measures to determine a candidate’s suitability if they learn something adverse about the person’s history of compliance. These measures could include but are not limited to:

• considering if the compliance issue is serious, how long ago it was and the person’s compliance history since then
• giving the person an opportunity to explain the circumstances of the issue
• seeking further references.

[  National Law & Regulations, Section 272, Regulation 153 ]

If after taking the above suggested steps the approved provider still has concerns about the candidate’s compliance history, they may contact the regulatory authority to enquire whether the person has been suspended or prohibited.

Approved providers are also required to keep a record of each educator’s working with children or working with vulnerable people check. Records must also be kept of working with children or working with vulnerable people checks for volunteers and students. See Register of family day care educators, co-ordinators and assistants for more information on the types of records the approved provider must keep.

Adequate knowledge and understanding

When registering or engaging a family day care educator, the approved provider should consider the person’s qualifications, skills and work experience in determining if the person has adequate knowledge and understanding of the provision of education and care to children. For example, this could include the person’s knowledge of the National Law and Regulations, National Quality Standard, professional standards such as Early Childhood Australia’s Code of Ethics (2016) and the National Child Safe Principles, and how all of these guide their professional conduct in decision-making, relationships and practice.

In addition, qualification requirements apply to family day care educators (see Qualification requirements for family day care services) and current first aid, anaphylaxis management and emergency asthma management training (see Register of family day care educators, co-ordinators and assistants).

Reasonable steps to ensure the prospective educator has adequate knowledge and understanding may include, but are not limited to, considering:

• a resumé detailing the person’s employment history
• references from current and previous employers or practicum supervisors that address the person’s knowledge and understanding of the provision of education and care to children
• an interview with the person to help assess their knowledge, understanding, and decision-making capabilities
• transcripts demonstrating completion of an approved certificate III (or higher) education and care qualification.

Approved providers may also consider any other information or evidence that satisfies them that the person has an adequate knowledge and understanding of the provision of education and care to children.

Requirements for ongoing management of family day care educators

[  National Regulations, Regulation 143B ]

While a family day care educator is registered or engaged with a family day care service, the approved provider must take reasonable steps to ensure that:

• the educator maintains an adequate knowledge and understanding of the provision of education and care to children
• any serious incident that occurs while a child is being educated and cared for by the educator as part of the service is adequately addressed
• any complaints alleging the National Law has been contravened or that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the educator are adequately addressed.

Failure to comply with these requirements is an offence with a penalty of $2,200.

Ongoing management of family day care educators

Approved providers must take reasonable steps to ensure that each family day care educator maintains adequate knowledge and understanding of the provision of education and care to children, and that serious incidents and complaints are adequately addressed. Good record keeping by both the educator and the approved provider can show the steps that approved providers have taken to meet these requirements. These obligations link to the National Quality Standard, in particular, Elements 7.1.2 and 7.2.3 which are about professional development and management systems.

‘Reasonable steps’ is not defined in the National Law or Regulations. Consistent with the approach taken to other guidance in this publication, the information below is guidance only. The steps that approved providers take to comply with the minimum requirements will depend on the circumstances of each case, as well as the information available to the approved provider at the time.

Maintaining adequate knowledge and understanding of the provision of education and care

Educators continually seek ways to build their professional knowledge and skills and develop learning communities (Early Years Learning Framework; Framework for School Age Care). To support the ongoing maintenance of each educator’s professional knowledge and understanding, approved providers could use the service’s regular performance review cycle to evaluate staff performance, critically reflect on practice with educators and identify individual learning and development goals. Performance planning and evaluation can help ensure that the knowledge, skills and practices of educators are up to date, and that areas requiring further development are identified and addressed.

Reasonable steps an approved provider may take to ensure educators maintain adequate knowledge and understanding include, but are not limited to:

• regularly reviewing each educator’s performance to identify areas for development and training
• developing and updating individual learning and development plans in consultation with each educator
• providing regular opportunities for each educator to provide feedback on professional development, including the effectiveness of support provided by their co-ordinator
• sharing current knowledge, theories and practices with and between educators.

In family day care services, co-ordinators are engaged to monitor and support educators. Approved providers should consider the role co-ordinators may play in meeting these regulatory requirements, and provide appropriate leadership and support as needed.

Adequately addressing complaints and serious incidents

It is important that family day care services have effective systems to manage and address serious incidents and complaints that occur while a child is being educated and cared for by an educator. Under the National Law and Regulations, approved providers and educators must meet various notification obligations when serious incidents occur or complaints are raised. In addition, approved providers must take reasonable steps to ensure that these incidents and complaints are adequately addressed.

Reasonable steps an approved provider may take to ensure serious incidents and complaints are adequately addressed include, but are not limited to:

• monitoring, following up on and investigating complaints or serious incidents raised by families, educators, children and others, and documenting these actions on file in a timely manner
• following documented procedures to report serious incidents and complaints to the regulatory authority as required
• regularly reviewing the service’s procedures for handling serious incidents and complaints to ensure serious incidents and complaints are investigated promptly, fairly and thoroughly, and that the service learns from these to improve the quality of education and care
• being able to show how the provider has addressed complaints and serious incidents, as well as feedback from families, educators and staff, to amend policies and procedures as required.

Approved providers should consider any other steps that might be necessary to ensure serious incidents and complaints are adequately addressed.

Family day care co-ordinator

 

[  National Law & Regulations, Section 51, Regulation 128 ]

A family day care co-ordinator must have an approved diploma level education and care qualification or higher. A list of approved qualifications is published on the ACECQA website at www.acecqa.gov.au.

It is a condition of the service approval that an approved provider appoint sufficient co-ordinators to adequately monitor and support the family day care educators. Refer to Applications and Approvals.

4.2.6 Family day care educator assistants

[  National Regulations, Regulation 163(2) ]

A family day care educator assistant is a person engaged by or registered with a family day care service to assist family day care educators (regulation 4).

A family day care educator assistant must:

• be at least 18 years of age (regulation 119)
• hold a current approved first aid qualification, have undertaken current approved anaphylaxis management training and have undertaken current approved emergency asthma management training (regulation 136).

The approved provider of a family day care service must take reasonable steps to ensure that a person who is a family day care educator assistant is a fit and proper person to be in the company of children (see Quality Area 7 – Residents and family day care educator assistants to be fit and proper).

4.3 Centre-based and family day care

4.3.1 Diploma level education and care qualifications

[  National Regulations, Regulation 137 ]

A list of approved diploma level education and care qualifications can be found on the ACECQA website at www.acecqa.gov.au.

ACECQA has also published a list of former approved diploma level education and care qualifications. A person who held a former approved diploma level education and care qualification before 1 January 2012 (or 1 August 2012 if in WA) is taken to hold an approved diploma level qualification.

General saving provision

Persons taken to hold approved diploma level education and care qualifications

[  National Regulations, Regulations 243, 243A ]

A person is taken to hold an approved diploma level education and care qualification if, immediately before 1 January 2012 (or 1 August 2012 if in WA), the person:

• was recognised under the former education and care services law of any state or territory as a diploma level educator and employed or engaged in a declared approved service, or
• held a qualification on the published list of former approved diploma level education and care qualifications, or
• was in Queensland and held a diploma level qualification on the list of former approved certificate III and diploma level education and care qualifications for Queensland (international).

A person is taken to hold an approved diploma level education and care qualification for the purposes of regulation 128 (family day care co-ordinator qualifications) if immediately before 1 January 2012, the person held a qualification on the list of qualifications and former approved qualifications for family day care co-ordinators.

Certificate III level education and care qualifications

[  National Regulations, Regulation 137 ]

A list of approved certificate III level education and care qualifications can be found on the ACECQA website at www.acecqa.gov.au.

ACECQA has also published a list of former approved certificate III level education and care qualifications. A person who held a former approved certificate III level education and care qualification before 1 January 2012 (or 1 August 2012 if in WA) is taken to hold an approved certificate III level qualification.

General saving provision

Persons taken to hold an approved certificate III level education and care qualification

[  National Regulations, Regulation 244 ]

A person is taken to hold an approved certificate lll level education and care qualification if, immediately before 1 January 2012 (or 1 August 2012 if in WA), the person:

• was recognised under the former education and care services law of any participating jurisdiction as a certificate lll level educator and was employed or engaged in a declared approved service, or
• held a qualification on the list of former approved certificate lll level education and care qualifications, or
• in Queensland, held a qualification on the list of approved certificate III and diploma level education and care qualifications for Queensland (international).

Actively working towards an approved qualification

[  National Regulations, Regulation 10, 127, 415 ]

The National Regulations include provisions to recognise a centre-based educator who is ‘actively working towards’ an approved qualification. ‘Actively working towards’ is defined at regulation 10. From 1 July 2023, new family day care educators must hold an approved certificate III level (or higher) qualification prior to commencing their role in a family day care service and they cannot be 'actively working towards' a qualification.*

Existing educators currently engaged at a family day care service have until 1 July 2024 to complete an approved qualification**. If by this time, an educator does not hold an approved certificate III level (or higher) qualification, the approved provider can apply for a waiver, which the regulatory authority may consider granting if it is satisfied the provider has reasonable justification for not being able to comply.      

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* Please check the legislation for commencement dates in Western Australia.

** This does not apply in South Australia, where educators must already hold at least an approved certificate III level education and care qualification.

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The requirements for different qualification levels are set out below.

Qualification level	Requirement for ‘actively working towards’
Certificate III	An educator is ‘actively working towards’ at least an approved certificate III level qualification if they: are enrolled in a course for an approved certificate III, diploma or early childhood teaching qualification, and give the approved provider documentary evidence such as a verified transcript or a letter from the course provider that they: have commenced the course, and are making satisfactory progress towards completing the course, and are meeting the requirements for maintaining the enrolment.
Diploma	An educator is ‘actively working towards’ at least an approved diploma level qualification if they: are enrolled in a course for an approved diploma level or early childhood teaching qualification, and give the approved provider documentary evidence such as a verified transcript or a letter from the course provider that they: have started the course, and are making satisfactory progress towards completing the course, and are meeting the requirements for maintaining the enrolment, and have an approved certificate III level education and care qualification, or have completed the percentage of total units of study required for completion of an approved early childhood teaching qualification, as determined by ACECQA*.
Taken to be an early childhood teacher (regulation 242)
Early childhood teacher	An educator is ‘taken to be an early childhood teacher’ if they: are enrolled in a course for an approved early childhood teaching qualification, and give the approved provider documentary evidence such as a verified transcript or a letter from the course provider that they: have started the course, and are making satisfactory progress towards completing the course, and are meeting the requirements for maintaining the enrolment, and hold an approved diploma level educator qualification, or have completed at least 50 per cent of the course.

* The percentage determined by ACECQA is ‘30% or more of the total units required to complete any approved early childhood teaching qualification’.

4.4 Educator to child ratios

 

[  National Law, Section 169 ]

The approved provider, nominated supervisor and family day care educator must ensure the required educator to child ratios are met at all times.

4.4.1 Ratios for centre-based services

Calculating ratios

 

[ National Regulations, Regulations 122–123 ]

The table below summarises the national educator to child ratios for centre-based services.

To be counted in the required educator-to-child ratio, educators must be directly involved in the education and care of children and, where required, hold or be actively working towards an approved qualification. In addition to meeting the required educator-to-child ratio, adequate supervision of children must be maintained at all times.

National ratios for centre-based services
Age of children	Educator to child ratio	Where requirement applies
Birth to 24 months	1:4	In all states and territories
Over 24 months and less than 36 months	1:5	In all states and territories Saving provision applies in VIC
36 months up to and including preschool age	1:11	In all states and territories Saving provision applies in NSW, TAS, WA
Over preschool age	1:15	In all states and territories Saving provisions apply in ACT and WA

Maximum number of children

A centre-based service approval states the maximum number of children that may be educated and cared for at any one time (section 51). The approved provider must ensure this number is not exceeded except for children being educated and cared for in an emergency under regulation 123:

• One or more children from the same family can be educated and cared for at a centre-based service in an emergency, for example, a child is in need of protection under a child protection order or the parent of a child needs urgent health care that prevents them caring for the child, for a maximum period of two consecutive days. These children do not need to be included in calculating the educator to child ratio.
• An approved provider can only permit additional children to be educated and cared for in an emergency if satisfied on reasonable grounds that it will not affect the health, safety and wellbeing of all the children attending the service.

An approved provider must also ensure the maximum number of children is not exceeded during events held within the service’s usual operating hours and excursions. Children are considered as being educated and cared for by a service if they are enrolled at the service and have been signed in. For events held outside the usual operating hours, the approved provider should make sure that families are invited on the condition that children remain in their care, and are not being educated and cared for as part of a service.

Mixed age ratios in centre-based services

Educator to child ratios are calculated across the service (not by individual rooms) and are based on the youngest child in care. This approach provides flexibility to more effectively respond to the needs of children.

Maintaining the ratio for each age range of children in the mixed age group does not mean the educator to child ratio for the youngest age range must be applied to all children in an older age range. In a mixed age group of children, an educator who is caring for one age range of children can also be counted against another age range of children, as long as the ratio for each age range is maintained and adequate supervision is maintained at all times.

Refer to the example in the table below.

Mixed age ratios in centre-based services
Age	Ratio	Number of children	Minimum educators required
Birth to 24 months	1:4	3	3
25 to 35 months	1:5	5
36 months to preschool age	1:11	12
TOTAL	–	20

The number of educators required for this group is three. This is because the educator who is caring for the three children aged 0 to 24 months can also care for one child aged over 24 months and less than 36 months without exceeding the ratio of 1:4.

This then requires a second educator for the remaining four children aged over 24 months and less than 36 months, who can also care for one child aged 36 months to preschool age.

A third educator is required for the remaining 11 children aged 36 months to preschool age (1:11).

The diagram below demonstrates this same principle.

The first step is to determine the number of educators needed for the youngest age range of children in the group. Once that ratio is met, an educator can also supervise children in another age range, provided the youngest age range is still maintained.

The above example also shows how an educator may be deployed across more than one age range, while maintaining the required ratio for each age range.

Mixed age ratios in centre-based services
Age	Ratio	Number of children	Minimum educators required
36 months to preschool age	1:11	5	2
Over preschool age	1:15	19
TOTAL	–	24

The number of educators required for this group is two (2). This is because the educator who is caring for the five children aged 36 months to preschool age can also care for four children aged over preschool age without exceeding the ratio of 1:11.

This then requires a second educator for the remaining fifteen children aged over preschool age.

The diagram above demonstrates this same principle.

Breaks

  QLD    WA    TAS    SA   The National Regulations require the educator-to-child ratio to be maintained at all times no matter what activity the children or the educators at the service are undertaking. Some jurisdictions have specific provisions which modify these ratio requirements when educators are taking short breaks and are not working directly with children (Queensland, Tasmania, South Australia and Western Australia). Services should check if specific provisions apply and contact the regulatory authority for advice about jurisdiction specific regulations or guidance.

4.4.2 Ratios for family day care services

 

[  National Regulations, Regulation 124, 153 ]

A family day care educator must not educate and care for more than seven (7) children at a family day care residence or approved family day care venue at any one time. A maximum of four of these children can be preschool age or under.

If the educator’s own children or any other children are at the family day care residence while the service is operating, they must be counted in the overall total of children if they are under 13 years of age and there is no other adult present and caring for those children.

The number of educators at a residence cannot be increased in order to increase the number of children that can be educated and cared for.

Educator to child ratios for family day care services
Age	Educator to child ratio
All children	1:7, with no more than four children preschool age or under

Maximum number of children

In exceptional circumstances, the approved provider of the family day care service may approve, in writing, a family day care educator to care for more than seven children, or more than four children who are preschool age or under, when:

• all the children being educated and cared for by the family day care educator are siblings in the same family, or
• a child is in need of protection under child protection law and the family day care educator is the best person to educate and care for the child, or
• the family day care residence or approved family day care venue is in a rural or remote location and no alternative care is available.

Details of family day care educators approved to educate and care for more than seven children, or more than four children who are preschool age or under, at any one time, due to exceptional circumstances, must be kept on the register of family day care educators. This includes details on the nature of the exceptional circumstance, the date on which approval was granted, the name of who granted approval, the child’s name and date of birth for each child educated and cared for as part of the approval and the period which the family day care educator is approved to educate and care for more than seven children, or more than for four children who are preschool age or under.

Authorised officers may discuss with the approved provider what led them to decide to approve an educator to educate and care for more than seven children, or more than four children who are preschool age or under. 

The approved provider may need to apply for a waiver if the exceptional circumstances are ongoing.

Time limit on ‘exceptional circumstances’

There is no limit on how long the approved provider can approve a family day care educator to care for more than seven children, or more than four children who are preschool age or under, in exceptional circumstances. The authorised officer may want to discuss with the approved provider, whether the exceptional circumstances that justified the provider’s decision to allow more than seven children, or more than four children who are preschool age or under still exist.  

[  National Regulations, Regulation 124 ]

The approved provider must consider the individual circumstances each time the family day care educator seeks approval to educate and care for more than seven children, or more than four children who are preschool age or under. This means that the approved provider must approve each individual additional child, and cannot give ‘blanket approval’ to a family day care educator to educate and care for more than seven children, or more than four children who are preschool age or under. 

Rural and remote

The Accessibility/Remoteness Index of Australia (ARIA+) may be used to help determine whether the family day care educator is in a remote or rural area.

There are five categories of remoteness:

1. Major cities
2. Inner regional
3. Outer regional – areas where geographic distance imposes a moderate restriction on accessibility to the widest range of goods, services and opportunities for social interaction
4. Remote – areas where geographic distance imposes a high restriction
5. Very remote – areas where geographic distance imposes the highest restriction.

Services in a ‘remote’, ‘very remote’ or ‘outer regional area’ under ARIA may be considered rural or remote. In some cases, a postcode may be classified as both ‘inner regional’ and ‘outer regional’. Where this arises, the regulatory authority may consider a family day care educator operating within this postcode as being in a rural or remote area for the purposes of regulation 124.

To establish whether the approved provider checked if alternative education and care was available, authorised officers may talk to the approved provider about what they took into consideration, for example socio-economic and geographic factors, as well as the transport links and capacity of nearby services to provide the education and care required.

4.5 Other staffing arrangements for centre-based and family day care services

4.5.1 Family day care co-ordinator to family day care educator ratios

NQF requirements for maintaining family day care co-ordinator to educator ratios depend on several factors, including the length of time the service has been in operation, the number of educators engaged by the service and any condition that may be imposed by a regulatory authority on a service.

For services in operation for less than 12 months, approved providers of a family day care service:

• must engage a minimum of one full time equivalent (FTE) family day care co-ordinator for every 15 family day care educators (1:15 or part thereof).
• must meet any other ratio imposed by the regulatory authority through a condition on service approval.

The table below summarises these national requirements set out in regulation 123A.

National ratios for family day care co-ordinators
Operation of service	Co-ordinator – family day care educator ratio	Comments
12 months or less	1:15
More than 12 months	1:25, with 0.2:5 for any additional family day care educators above the first 25 educators.	The regulatory authority may impose the higher ratio of 1:15 at any time after the first 12 months of operation if the regulatory authority has taken into account the approved provider’s capability and compliance with the National Law and considers the FDC educators are not adequately monitored and supported by a FDC co-ordinator.

Non-compliance with these requirements is an offence with penalty ($5,700 individuals; $28,700 others).

These requirements recognise that new family day care services are likely to have a higher proportion of new educators who benefit from greater co-ordinator support.

[  National Law, Section 55A, 162A ]

After the first year of operation of a family day care service the regulatory authority may impose a condition on a family day care service approval requiring the approved provider to ensure there is a minimum of one qualified person employed or engaged as a family day care co-ordinator for each group of 15 family day care educators, or any part of that number, engaged by or registered with the service.

A condition may only be imposed if:

• the family day care service has been operating for more than 12 months
• the regulatory authority
  • has taken into account the approved provider’s capability and compliance with the National Law in respect of the family day care service
  • considers that family day care educators are not adequately monitored and supported by a family day care co-ordinator.

Approved providers must ensure each family day care co-ordinator at the service has completed the child protection training required in their state or territory. 

4.5.2 Family day care educator assistant

[  National Regulations, Regulation 144 ]

A family day care educator assistant may provide assistance to a family day care educator while the educator is educating and caring for children.

Written consent must also be provided by the parents of each child.

Circumstances in which a family day care assistant may educate and care for children

Transporting and escorting (by walking) a child between the family day care residence or approved family day care venue and a school another education and care service or children’s service the child’s home

Providing education and care to a child in emergency situations, including when the family day care educator requires urgent medical care or treatment

Providing education and care to a child when the family day care educator is absent to attend an appointment (other than a regular appointment) in unforseen or exceptional circumstances if the absence is less than four hours the approved provider of the family day care service has approved the absence notice of the absence has been given to the parents of the child(ren).

 

[  National Law, Section 164A ]

The approved provider and family day care educator must ensure that any child being educated and cared for at the service is only educated and cared for by the family day care educator, unless otherwise prescribed under regulation 144.

Centre-based and family day care educator supervision requirements

 

[  National Regulations, Regulations 119–120 ]

A family day care educator and family day care educator assistant must be at least 18 years old.

An educator who is under the age of 18 years may work at a centre-based service, provided that the person does not work alone and is adequately supervised at all times by an educator who is 18 years of age or over.

To check these requirements are being complied with, authorised officers may ask to see:

• staff rosters demonstrating that educators at centre-based services under 18 years of age are rostered with an educator who is 18 years of age or over
• the register of family day care educators and/or the staff record, which includes record of date of birth
• policies and procedures in relation to staff or the engagement or registration of family day care educators and family day care educator assistants.

4.5.3 Educational leader (centre-based and family day care)

[  National Regulations, Regulation 118 ]

An educator, co-ordinator or other individual who is appropriately qualified and experienced must be designated to lead the development and implementation of the educational program (or curriculum) in the service.

The National Regulations require the approved provider to appoint the educational leader in writing, and note this designation in the staff record of the service.

The educational leader may be the approved provider, a nominated supervisor or person with management or control (who has suitable experience and qualifications), an early childhood teacher, a suitably qualified person, or a diploma or certificate III qualified educator within the service. The regulations do not specify a minimum qualification or the number of hours the educational leader should work, or whether this person must work directly with children.

Standard 7.2 includes the following element on Educational Leadership, ‘The educational leader is supported and leads the development and implementation of the educational program and the assessment and planning cycle’.

4.5.4 First aid qualifications and training

Centre-based services

 

 

[  National Law & Regulations, Section 169, Regulation 136 ]

At all times and at any place that children are being educated and cared for by the service, the following person(s) must be in attendance and immediately available in an emergency:

• at least one staff member or one nominated supervisor of the service who holds a current approved first aid qualification, and
• at least one staff member or one nominated supervisor of the service who has undertaken current approved anaphylaxis management training, and
• at least one staff member or one nominated supervisor of the service who has undertaken current approved emergency asthma management training.

The same person may hold one or more of these qualifications.

If the approved service is operating on a school site (for example, a government kindergarten or preschool), the requirements for regulation 136(2) can be met if one or more staff members of the school holding the relevant qualifications are in attendance at the school site and immediately available during the emergency.

The approved provider should consider how it will meet this requirement during all parts of the day, including breaks, and have contingency plans in place for an educator on leave.

Family day care services

[  National Law & Regulations, Regulation 136(4a) ]

Each family day care educator and family day care educator assistant engaged by or registered with the service must:

• hold a current approved first aid qualification, and
• have undertaken current approved anaphylaxis management training, and
• have undertaken current approved emergency asthma management training.

Renewal of first aid qualifications

The Safe Work Australia First Aid in the Workplace Code of Practice recommends that persons required to maintain first aid qualifications should attend training on a regular basis to refresh their first aid knowledge and skills, and to confirm their competence to provide first aid. 

The following qualifications are taken to be current if the qualification was attained or the training was undertaken within the previous three years:

• approved first aid qualifications (except in the case of emergency life support training and cardio-pulmonary resuscitation training, which must be completed within the previous year to be taken as current)
• approved anaphylaxis management training
• approved emergency asthma management training

The certificate should state the date when the person completed the course, as well as the expiry date or validity period of the qualification from the date of completion. The certificate may include multiple qualifications, however currency periods are relevant for each individual qualification. 

4.5.5 Approval and determination of qualifications

[  National Law & Regulations, Section 169, Regulations 137–143 ]

ACECQA determines the qualifications required to be held by educators.

The lists of qualifications and first aid training courses approved by ACECQA are published on the ACECQA website at www.acecqa.gov.au including:

• approved certificate III level education and care qualifications
• approved diploma level education and care qualifications
• approved early childhood teacher qualifications
• approved first aid qualifications, including anaphylaxis management and asthma training
• approved qualifications suitable for a ‘suitably qualified person’.

ACECQA also publishes a list of qualifications that have been approved for transitioning into the National Quality Framework. This list includes some qualifications that are no longer approved or no longer offered.

Assessment of equivalent educator qualifications

If a qualification is not listed on the approved qualifications list (for example an overseas qualification), an educator can apply to ACECQA to have it/them assessed for equivalence. There is a fee for this application.

ACECQA will determine if the educator holds a qualification that is suitable, allowing them to be an educator in a service with children under school age or school age children.

Instructions on how to submit an application and guidance on the assessment process is available on the ACECQA website (www.acecqa.gov.au/qualifications).

Approval of a qualification or training course

If an organisation’s qualification or training is not on this approved list, the provider can apply to ACECQA to have it assessed for inclusion on the list.

The application must include a detailed outline of the course of study for the qualification, including details of any practical placements and the length of the course. For example, a higher education provider might apply to ACECQA to recognise a newly developed course of study. There is a fee for this application.

Instructions on how to submit an application and guidance on the assessment process is available on the ACECQA website (www.acecqa.gov.au/qualifications).

4.5.6 Responsibilities of the approved provider, nominated supervisor and family day care educator

Requirement	Approved provider	Nominated supervisor	Family day care educator	Offence	Infringement notice	Compliance direction	Waiver
Educational leader (regulation 118)	✔					✔
Family day care educator and educator assistants to be at least 18 years old (regulation 119)	✔			✔		✔
Educators who are under 18 to be supervised (regulation 120)	✔			✔		✔	✔
Educators must be working directly with children to be included in ratios (regulation 122)	✔
Educator to child ratios – centre-based services (regulation 123, section 169)	✔	✔		✔			✔
Family day care co-ordinator to educator ratios—family day care service (regulation 123A, section 163)	✔			✔		✔
Educator to child ratios – family day care services (regulation 124, section 169)	✔	✔	✔	✔			✔
Centre-based services – general educator qualifications (regulation 126, section 169)	✔	✔		✔			✔
Family day care educator qualifications (regulation 127, section 169)	✔	✔		✔			✔
Family day care co-ordinator qualifications (regulation 128, section 163)	✔	✔		✔			✔
Requirements for educators who are early childhood teachers (regulation 130–134, section 169)	✔	✔		✔			✔
First aid qualifications (regulation 136, section 169)	✔			✔		✔	✔
Family day care educator assistant (regulation 144)	✔
Staff and educator records – centre-based services (regulations 145–152) – See Quality Area 7	✔
Register of family day care educators, co-ordinators and assistants and records of family day care service – See Quality Area 7 (section 269, regulations 153–154)	✔				✔

Summary of qualification and staffing requirements

Family day care service requirements

Educator qualification and staffing requirements
Family day care co-ordinator	Co-ordinators must hold an approved diploma level (or higher) education and care qualification.
Family day care educator*	All family day care educators must hold an approved certificate III level (or higher) education and care qualification.

* Transitional provisions apply for existing educators in some jurisdictions. Please check the legislation for commencement dates in Western Australia.

Educator to child ratios:
Age range	Ratio
Mixed age group	1:7 Maximum of four children preschool age or under. Ratio includes the educator’s own children younger than 13 years of age if there is no other adult to care for them.

Centre-based services with children preschool age and under (primarily long day care, preschool, kindergarten)

Early childhood teacher or suitably qualified person requirements from 1 January 2014	Fewer than 25 children	The service needs to have access to an early childhood teacher for at least 20 per cent of the time the service is operating. This may be achieved through an information communication technology solution.
	25 – 59 children*	The service must employ or engage a full-time or full time equivalent early childhood teacher, or have an early childhood teacher in attendance for: 6 hours per day, when operating for 50 hours or more per week OR 60 per cent of the operating hours of the service on that day, when operating for less than 50 hours a week.
	60 – 80 children*	The service must meet the above requirements for 25–59 children. Additionally from 2020, the service must employ a second early childhood teacher or suitably qualified person in attendance for: 3 hours per day, when operating for 50 hours or more per week OR 30% of the  time, when operating for less than 50 hours per week These requirements do not apply if the service has 60 to 80 approved places, and employs or engages a full time or full time equivalent early childhood teacher at the service, and employs or engages a second early childhood teacher or suitably qualified person for half the hours or full time equivalent hours at the service. Visit the ACECQA website at www.acecqa.gov.au/qualifications
	More than 80 children*	The service must meet the above requirements for 25–59 children. Additionally from 2020, the service must employ a second early childhood teacher or suitably qualified person in attendance for: 6 hours per day, when operating for 50 hours or more per week OR 60% of the time, when operating for less than 50 hours per week These requirements do not apply if the service has more than 80 approved places, and employs or engages a full time or full time equivalent early childhood teacher at the service, and employs or engages a second full time or full time equivalent early childhood teacher or suitably qualified person at the service. Visit the ACECQA website at www.acecqa.gov.au/qualifications
Diploma qualifications	At least 50 per cent of required educators must have (or be actively working towards) at least a diploma level education and care qualification.
Certificate III qualifications	All other educators who are required to meet ratio requirements must hold or be actively working towards an approved certificate III level education and care qualification or higher. However, a probationary period applies to new educators working without an approved qualification in ACT, NT, Qld, SA, Tas, Vic, WA. New educators can be counted as a certificate III qualified educator for ratio purposes for up to three months before they need to start working towards their qualification.

*Saving provisions apply in NSW

Centre-based services with children over preschool age (primarily outside school hours care) in ACT, NT, Qld, SA, Vic, WA

There are no national qualification requirements for educators at centre-based services educating and caring for children who are over preschool age. State and territory qualification requirements (if applicable) continue to apply. See the lists of approved qualification requirements for children over preschool age on the ACECQA website at www.acecqa.gov.au/qualifications.

State and territory provisions

Some states and territories have transitional and saving provisions in relation to qualification requirements. Regulatory authorities in these states and territories will provide information specific to their provisions.

Appendix A – Prohibition notice declaration for prospective staff members

Appendix B – Compliance history statement for a person to be a person in day-to-day charge (PIDTDC) or a nominated supervisor

Appendix C – Compliance history statement for a prospective family day care educator