Education and Care Services National Law Application (Local Regulations) Regulations 2026

At the beginning of regulation 123 insert:

In this regulation —

Delete regulation 123(1)(c) and (d) and insert:

for children aged 36 months of age or over (not including children over preschool age) — 1 educator to 10 children;

for children over preschool age — the ratio set out in the Table to regulation 369.

After regulation 123(1) insert:

Despite regulation 122, if an educator at a centre‑based service is not working directly with children, that educator is counted as an educator at the service for the purposes of this regulation if —

the educator is present on the premises of the service; and

the educator is available immediately to provide education and care to the children at the service if required; and

the period of time during which the educator is not working with children is not more than 30 minutes in a day.

After regulation 123(6) insert:

Despite subregulations (1) and (2), for the purposes of determining the minimum number of educators required under this regulation, a child of a certain age is to be treated as up to 6 months older or 6 months younger than the child’s actual age if —

the approved provider or, if the approved provider is not an individual, the nominated supervisor, of the service —

is satisfied on reasonable grounds that it is developmentally appropriate for the child to be so treated; and

makes and keeps a record of that decision;

a parent of the child has agreed with that decision and has signed the record of the decision to indicate that agreement.

The note at the end of regulation 123(6) is to be deleted.