Operational requirements under the Act

​​​​​​​​​The Education and Care Services Act 2013 (ECS Act) and Education and Care Services Regulation 2013 (ECS Regulation) prescribe requirements for the daily operations of a service, including but not limited to staffing, qualifications, educational programs, the physical environment, policies and procedures, and supervision.

Approved providers are responsible for familiarising themselves with and complying with the legislative requirements in the ECS Act and ECS Regulation.

This page is not meant as a prescriptive list of regulatory requirements, but contains specific topics the Regulatory Authority thinks are helpful to highlight.

Staffing and qualifications

Educator-to-child ratios

Ratios are minimum standards—the most important consideration is achieving quality education when grouping children in education and care. See ECS Regulation rr. 46-52 for essential information on specific ratio requirements, including during children's rest periods, ratios during staff rest pauses and temporary absences.

When calculating ratios, ensure that:

• all educators are at least 17 years of age and hold an approved qualification (or are enrolled and working towards that qualification)
• mixed age group ratio requirements are based on the age of the youngest child in the care of an educator
• Note: Where an educator has spare capacity within the ratio of children in care, older children (from a different age group ratio) can be added. Older children can only be added up to the limit of the ratio that applies to the youngest child.

Services other than school age

Services other than school age must meet the following ratios:

*Limitations for the group include:

• no more than 4 children aged birth to 1 year
• no more than 2 children aged birth to 1 year for each educator
• if in a centre-based service with a licensed capacity of more than 30, no more than 10 children aged birth to 2 years.

School age services

The ratio for school age services is 1:15. Read the qualifications section for what qualifications educators included in the ratio must have.

Ratios for emergency care

There may be situations where centre-based services need to provide emergency care. Services should contact their local regional office for more information or to discuss plans to increase their maximum capacity.

Qualifications

Approved providers under the ECS Act must ensure staff at each approved service meet qualification requirements. The ECS Regulation prescribes that the qualification requirements for ECS Act services are the same as those in the Education and Care Services National Law and Education and Care Services National Regulations.

The Australian Children's Education and Care Quality Authority (ACECQA) determines approved qualifications and assesses equivalent qualifications for all educators employed after 1 January 2014. Qualifications held by staff before 1 January 2014 are recognised under the ECS Act.

If your qualification does not appear on the list of approved qualifications you may apply to ACECQA to have it assessed. Before applying, check if you can be taken to hold an approved qualification by meeting the criteria for approved qualifications below.

Services other than school age must meet the following requirements:

• At least 50% of educators required to meet educator-to-child ratios must hold or be actively working towards an approved diploma level qualification or higher.
• All other educators required to meet educator-to-child ratios must hold or be actively working towards an approved certificate III level qualification or higher.

School age services must have:

• 1 approved diploma qualified educator per 1–15 children
• 1 approved diploma qualified educator and 1 other educator* per 16–30 children
• 1 approved diploma qualified educator and 1 approved certificate III qualified educator and 1 other educator* per 31–45 children
• 1 approved diploma qualified educator and 1 approved certificate III qualified educator and 2 other educators* per 46–59 children

Educators may be counted as qualified if they hold or are actively working towards a qualification, defined in Schedule 5 of the ECS Regulation. For more information on whether an educator is actively working towards a qualification, visit the ACECQA website.

*The 'other educator' referred to above does not need to hold a qualification if they are over 18 years of age.

Employing suitable staff

Approved providers should have processes in place to ensure staff are suitable to provide education and care at recruitment or at any stage of employment.

1. This includes ensuring individuals working in education and care service premises where children are present hold a blue card and are not prohibited people.

ECS Act approved providers should contact your local regional office to check if a current or potential staff member or volunteer is a prohibited person.

2. Keep the information on file as a record of due diligence to show the Regulatory Authority if asked.

Medical emergency training

At least 1 staff member or 1 nominated supervisor qualified in first aid, asthma and anaphylaxis management must be in attendance and immediately available at all times that education and care is being provided. The same individual may hold all 3 current ACECQA-approved qualifications or each staff member or nominated supervisor may hold 1 or more qualifications each.

Educational programs

Approved services under the ECS Act must ensure a program based on the approved learning frameworks is delivered to children at the service.

Services under the ECS Act should familiarise themselves with the current version of the learning frameworks. ACECQA has published a range of guides and information sheets on the frameworks and how to implement them.

Physical environment

Facilities and building requirements

All ECS Act services need to provide a safe environment for children and staff. This includes meeting standards for buildings and requirements for the physical environment, such as outdoor play space. They must also ensure that premises, furniture and equipment are safe, clean, in good repair, and resources are developmentally appropriate for the children.

Development approval

Local government authorities are responsible for approving development applications under the applicable local government planning scheme, including how an existing building or piece of land is used. Approved providers are responsible for ensuring the correct approvals have been granted.

Please contact the relevant local government authority if you have any questions about development application approvals.

Building standards

ECS Act services approved after 1 January 2014 or services moving to new premises must comply with the Building Code of Australia (BCA).

Physical environment considerations

ECS Act service premises need to meet the physical environment requirements set out in regulations 27 to 38 of the ECS Act. For more information about creating an optimum physical environment, visit the Regulatory Authority’s page on physical environment considerations.

Waivers

Approved providers may, in extenuating circumstances, apply for a waiver from a requirement that a service comply with the prescribed requirements under the ECS Regulation on a permanent (or temporary) basis. A service should take all reasonable steps to avoid the need to apply.

Learn more about waivers for physical environment in this National Quality Framework (NQF) resource, and applying for waivers under the ECS Act.

Risk assessments

Under ECS regulation 55, risk assessments must be carried out for all excursions. The Regulatory Authority has prepared an excursion risk assessment to assist.

You must maintain adequate supervision during an excursion. Your risk assessment should assess if minimum educator-to-child ratios will be enough to provide adequate supervision and consider whether any staff with specialised skills are required, e.g. lifesaving.

Other operational requirements

The Regulatory Authority has prepared detailed operational guidance relating to requirements under the NQF. Areas that are relevant to ECS Act services include, but are not limited to:

• policies and procedures
• adequate supervision
  
• transportation
• incident prevention and management
• positive relationships with children​
• health and hygiene.

Some content will not be relevant for ECS Act services or providers. It is the approved provider's responsibility to ensure that they meet the specific operational requirements under the ECS Act and ECS Regulation.

Help and support

For questions about meeting requirements, please contact your regional office.

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