The “under the roof” staffing loophole lets services count educators as meeting child-to-staff ratios—even if those educators aren’t physically present, supervising, or engaging with children.

This loophole puts children at risk, misleads families, and places unfair pressure on working educators.

Child Safety First—Not Just Compliance

Every parent deserves to know who is watching their child, not just how many staff are inside the building. When services rely on the “under the roof” loophole, they count staff who are:

• On lunch breaks
• Doing paperwork in offices
• Floating between rooms
• Assigned to leadership or admin roles

These staff may be present on-site, but not actively supervising children—and that poses real risks.

Why It’s a Child Protection Issue

• Confirmed breaches, like infants left unsupervised and seriously harmed or children falling from equipment without staff nearby, reflect systemic failures.
• These incidents often happen in services that appear compliant, because staff are technically “on premises,” even if they’re not present in the learning space.

“Counting educators who aren’t in the room doesn't protect children—it protects a flawed system.”

Real Life "Under The Roof" Examples

1. Split Room Scenario

• A centre has 3 rooms operating simultaneously.
• One educator is scheduled to float between rooms as part of the total ratio.
• If the service counts this floating educator as “under the roof,” they technically meet the ratio, even when one room is temporarily left with inadequate supervision.

This compromises direct supervision and violates the intent of ensuring adequate support in each learning space.
 
2. Lunch Break Coverage

• An educator takes a lunch break while remaining on-site in the staff room.
• The service continues to count this educator toward the ratio because they’re “under the roof.”
• No active engagement or supervision is happening, yet the centre remains technically “compliant.”

This loophole can mask unsafe staffing practices, especially during critical times like transitions or outdoor play.
 
3. Outdoor Play Shift

• Multiple rooms send children outside to a shared yard.
• Only two educators are physically present in the yard with 30 children.
• Others are inside but still counted toward the ratio.

This scenario severely affects visibility and reaction time in case of incidents outdoors, like falls or conflict between children.
 
4. Centre-Wide Counting

• A centre assigns educators to leadership/admin roles (e.g., educational leader, compliance officer).
• These staff may occasionally engage with children but are regularly counted in the ratio simply because they’re on the premises.

It shifts focus away from the actual staff providing direct care and attention.

Why Room-Based Ratios Matter

Current ratio calculations are done across the whole service, allowing educators to be counted even if they’re not physically present in a room. This “under the roof” approach:

Masks staffing gaps in individual rooms.
Enables services to appear compliant while leaving children unsupervised.
Places unfair pressure on educators managing large groups alone.

We call on ACECQA, the Department of Education, and state regulatory bodies to:

• Close the ‘under the roof’ loophole that allows services to stretch ratios dangerously thin. 
• Redefine “presence” in ratio calculations to require physical, visual, and auditory proximity.
• End loopholes that allow services to prioritize optics over actual care.
• Mandate room-based ratio accountability to ensure every child is actively supervised. 

Let’s make it clear: being “under the roof” isn't enough. Children need connection. Educators need clarity. Families need transparency.

This isn’t about fine-tuning regulations. It’s about protecting children’s:

• Safety
• Dignity
• Right to responsive care

By closing the “under the roof” loophole, we shift the focus from minimum compliance to maximum protection.

For more detailed information: Should the “Under the Roof” Staffing Loophole Be Closed?

Sign and share this petition to demand meaningful reform and fair staffing in early childhood education.