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Parents would be horrified if they knew their children were being left with below stated legal staffing requirements in ECEC centres, early educators have warned the sector’s standard-setting authority today. 

A little-understood staffing loophole is currently the subject of a rapid review by the Australian Children’s Education and Care Quality Authority (ACECQA) of supervision practices in early education. 

Today (Monday, October 6) United Workers Union educators meet with Early Education Minister Jess Walsh and ACECQA to warn about the risks posed by the loophole, known as the “under-the-roof” ratio. 

In the meeting, educators will present 1260 messages from concerned educators and  parents lobbying ACECQA to end the practice because it leaves vulnerable children in rooms below legally-required staff-to-child ratios. 

Under-the-roof ratios allow educator-to-child ratios to be counted across a whole centre (“under the roof”), even if ratios are not being met in individual rooms because educators are moved to other rooms or other duties.   

“Educators have told us time after time that understaffing is a huge issue in the sector, and the misuse of under-the-roof ratios is leaving children and families in an impossible position,” United Workers Union Early Education Director Carolyn Smith said.  

“If parents fully understood that a centre that meets all legal staffing requirements can actually staff well below those stated legal requirements by shifting educators out of rooms into other rooms – or shifting someone on to an admin task – I think they would be horrified. 

“For too long the sector has been turning a blind eye to a loophole that was supposed to be used sparingly, but is now a standard practice that is putting children at risk.”  

In a little-publicised move, in September the Federal Government tasked ACECQA to review supervision practices in early education, following reports of tragic safety issues in the sector. 

A union survey of more than 3000 educators released in July found 77 per cent of educators said they were operating below minimum staffing levels in their rooms at least weekly, and 42 per cent said it was occurring daily. 

In the same survey, 83% of educators strongly agreed the loophole compromises the safety and wellbeing of children. 

Submissions from early childhood educators to ACECQA: 

“I have seen the impact this loophole has on children, families and educators. Leaving children unsupported and unsupervised for extended periods. Families twisting in the wind with injured children unable to ascertain how this was allowed to happen, contributing heavily to educator burnout resulting in lost talent, and expertise. It’s putting the workforce and children in extreme danger, all for the sake of a corporation being able to squeeze money from families and communities. This is not right, it is not in the interest of our young people and must end now!” 

  • Victorian educator 

“Children are being placed in risky situations while their parents believe they are receiving quality education and care. If it wasn’t the wrong thing to do then parents would be fully made aware of the misuse of the under the roof ratios. It’s clearly wrong, unsafe and downright dodgy.” 

  • New South Wales educator 

“As an early childhood leader, I see every day how under-the-roof ratios fail children and educators. On paper, they meet regulations, but in reality, they leave rooms under-staffed, disrupt relationships, and increase stress. Children miss out on consistent care, and educators burn out trying to cover gaps. Ending under-the-roof ratios would ensure fairness, stability, and quality education for every child.” 

  • New South Wales educator 

“We’re in survival mode, not providing quality care. We juggle too much with too few hands. Blanket rules like phone bans make things worse. We love our jobs, but without change—like ending under-the-roof ratios and respecting educators—we won’t last. The system is failing children, and it’s breaking us. We need support, not blame.” 

  • Victorian educator 

“I have personally experienced situations where one educator is expected to manage eleven or twelve children alone. The constant pressure of managing so many children without support results in high levels of anxiety, physical exhaustion, and mental stress. Each day is filled with anxiety.” 

  • Western Australia educator 

“My centre is multilevel. This means one educator can be left upstairs with 14 children, while another is counted downstairs to ‘make up the numbers’. On paper it looks compliant. In reality, it’s unsafe, isolating, and unfair. Children deserve genuine supervision and connection, not a numbers game. Educators deserve support, not impossible expectations.” 

  • South Australian centre director 

“The current under roof ratio system is not fair, not fair to children and not fair to staff who are walking on eggshells every day they go into work, not knowing what the day will bring!” 

  • Queensland educator 

“Educators are drowning… staff turn over is insane and I absolutely can’t see myself staying in this industry. I adore children but the paper work and work load is too insane.” 

  • Tasmanian educator 

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