Out of ratio for a minute? What the law really says about educator breaks and brief absences in ECEC

Can an educator step out to the bathroom or grab paint without breaching ratio requirements? It’s a question that arises often in early childhood education and care services. Here’s what the regulations say.

 

Every educator has experienced it, a quick toilet break, a trip to collect the paint, or a need to find spare clothes or nappies. It may feel like a short moment, but in legal terms, it has real consequences.

 

When it comes to educator to child ratios, the rule is simple:

 

There is no such thing as being out of ratio “just for a minute”.

 

What the regulations require

 

Across all Australian jurisdictions, the Education and Care Services National Law and the Education and Care Services National Regulations apply. These are enforced by state and territory regulatory authorities.

 

Two key provisions are relevant:

 

• Regulation 123 requires that educator to child ratios be maintained at all times when children are being educated and cared for.
• Regulation 122 states that only educators working directly with children can be counted in ratio.

 

There is no regulation, clause or exemption that allows an educator to leave the room for a short period without the room being considered out of ratio. This includes brief errands, personal breaks or any time the educator is not actively supervising children.

 

Here are a few common examples:

 

• An educator goes to the bathroom for two minutes:
  If no other educator steps into the room to cover them, the service is out of ratio.
• An educator leaves to get paint or nappies:
  Even if the absence is brief or they remain within hearing distance, they cannot be counted in ratio while away. If no one replaces them, the service is out of ratio.
• An educator steps out to speak to a family member or colleague:
  If this occurs away from the children and no other educator is covering, it constitutes a breach of ratio requirements.

 

These examples reflect a central principle: ratios must be maintained continuously. It’s not about how long the absence lasts – it’s about whether the required number of educators is physically present and actively supervising.

 

Where did the myths come from?

 

The idea that educators can be out of ratio for a short time – often described as a “10-minute” or “20-minute” rule – has no legal foundation. However, such myths may have emerged from:

• Informal practices to manage quick absences
• Misinterpretation of staffing flexibility or entitlements
• Assumptions shaped by workplace culture, rather than the law

Regulators in Queensland, New South Wales, Victoria and Western Australia have all confirmed: there is no time-based exception to educator to child ratio requirements. The requirement is continuous and non-negotiable.

 

How can services stay compliant and practical?

 

Educators are entitled to rest and toilet breaks under workplace law. Services must support these needs while meeting the requirements of the National Law and Regulations.

 

Practical strategies include:

 

• Scheduling float or relief staff to cover rooms during breaks and transitions
• Keeping frequently used items and resources within or close to rooms
• Establishing clear communication protocols for calling assistance
• Ensuring all educators understand the legal requirements around ratios and supervision

 

These approaches allow educators to respond to real-world needs without compromising compliance or supervision.

 

Keeping care and compliance in balance

 

Maintaining educator to child ratios is not only a legal requirement – it’s a commitment to safe, high-quality education and care.

 

There is no regulatory allowance for brief absences. No flexibility based on good intentions. No exception for short durations.

 

If an educator leaves the room and is not replaced, the room is out of ratio.

 

Services that understand this – and plan staffing accordingly – are better placed to protect their team, their children and their licence to operate.

 

If there is any uncertainty, refer directly to the Education and Care Services National Law and Regulations or contact your state or territory regulatory authority for guidance.

 

Staying in ratio means staying accountable to the children, to each other and to the quality of the learning environment.