Update on Temporary Waivers of Ratios During COVID

The Australian Childcare Alliance (ACA) NSW thanks the NSW Department of Education for responding to ACA NSW's request for temporary waivers of educators:children ratios as well as qualfications ratios.


As virtually all early childhood education and care services have been negatively impacted by COVID, especially with the Omicron variant, the NSW Department of Education's reassurance is appreciated.


Extracted from their written response to ACA NSW, the following are the key information from the NSW Department of Education regarding temporary waivers:


  • Services are able to apply for a waiver for staff qualifications (R272, which applies in place of Regulations 132-135 in NSW) and ratios (R123) if they are unable to comply with the National Law and Regulations.
  • Waivers are only granted in exceptional circumstances. This is to ensure the health, safety and wellbeing of children in all services.
  • Applications for COVID related waivers are fast tracked and assessed on a case-by-case basis when received from services.
  • The application fees are also waived.
  • Waivers cannot be issued for ratios if the health, safety and wellbeing of children is compromised. Waivers for this regulation will only be issued in emergency situations.

For any service wanting further advice on lodging a waiver, please contact the NSW Department of Education's Information and Enquiries line available on 1800 619 113 or by e-mail at ececd@det.nsw.edu.au.


When submitting your application for temporary waivers for up to 12 months, ACA NSW members are strongly encouraged to be familiar with the NSW Department of Education's Waiver Policy (subject to NSW Department of Education's assessment of the service's current and historical risks). 


Should members require any further information/clarification, please do not hesitate to contact ACA NSW via 1300 556 330 or nsw@childcarealliance.org.au.


PUBLISHED: 3 FEBRUARY 2022


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