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Exceptional circumstances approvals allow flexibility in family day care - but only when strict requirements are met and clearly documented. Misuse of exceptional circumstances is a common compliance risk in family day care.
Regulation 124(5) allows an approved provider to approve an educator, in writing, to exceed standard ratios, but only where exceptional circumstances under Regulation 124(6) apply.
Regulation 153(1)(ma) requires detailed records of every approval to be maintained on the family day care register.
Approved providers must ensure approvals are clear, accurate and that complete records are kept on the family day care register whenever this occurs.
Key points to remember
In family day care, compliance relies on shared responsibility.
Approved providers are responsible for ensuring approvals meet the criteria for exceptional circumstances, confirming ARIA clarifications where relevant, documenting decision-making, completing and recording risk assessments, and reviewing the approvals regularly – withdrawing them when circumstances no longer apply. Where an educator does not meet the rural or remote criteria, and no alternative care is available, approved providers should seek guidance from the Regulatory Authority, as a waiver may be required.
Educators are expected to understand when and why an exceptional circumstance applies, work within the specific approval period and conditions, raise concerns if ratios impact safety, supervision or quality and notify the service if circumstances change. Educators must also not exceed ratios unless written approval has been granted and confirmed. If unsure, pause and seek clarification before enrolling.
Exceptional circumstances are not a permanent solution – they are a temporary, evidence-based response to a specific situation.
Additional resources
For family day care educators Jade and Tracey, based in the regional Queensland mining town of Moranbah, attending the FDCA 2025 National Conference in Melbourne was more than just professional development – it was also an opportunity to connect, reflect and be inspired alongside other educators from across the country.
Like many educators in regional and remote communities, much of their professional learning takes place online. While valuable, it can’t always replicate the experience of being in a room filled with passionate, like-minded peers.
As Tracey explains, “most of our professional development is online,” she said. “It’s good, but it’s not the same. You don’t get the energy, the ideas, the connection.”
Recognising that distance can create a barrier to in-person engagement, FDCA together with BHP Mitsubishi Alliance (BMA) collaborated to support educators from mining communities helping to alleviate the financial burden of travel and accommodation costs.
Through this partnership, Jade and Tracey were able to attend the conference and immerse themselves in learning, networking and shared experiences.
Both Jade and Tracey described how the conference motivated and connected them to a community of like-minded educators.
Jade explained, “it was good to connect with the other educators because they're all walking the same path. You realise that people out there have similar challenges, but everyone has different ways of working through them.”
You can read more about their stories on the FDCA website.
Did you know that as an FDCA member you have access to a FREE Family Day Care Locator listing that you can use to promote your family day care business to families in your local area!
All it takes is a few swipes and taps and you can update your listing to make your business stand out from the crowd.
With our Family Day Care Locator receiving over 1,000 enquiries per month from families searching for child care, ensuring your locator listing is up to date is crucial if you want to attract new enrolments for your family day care business.
To help you add some sparkle and polish to your listing, we’ve got some easy to understand, short video guides to set you on your way.
Managing your listing
To get your Family Day Care Locator listing standing out from the crowd, you’ll need to add a little shimmer and shine! This means adding your business name, updating your profile picture and telling your story.
To view a short video on how to manage your listing, click here.
Checking your enquiries
Once your listing is glistening, you’ll need to be ready to respond to care enquiries when they start coming in.
Click here to see how you can access your Family Day Care Locator enquiries inbox to check, manage and respond to enquiries.
Level up your listing
Once your listing is in tip top shape, we have a range of marketing packages that can help you get your listing to the top of the pops!
There’s too many exciting features to list here, so we’ve created a quick video below that will guide you through all the benefits available across each package that can help you level up your listing!
Click here to find out how you can level up your listing.
Lunar New Year commenced yesterday on Tuesday 17 February 2026, marking the Year of the Horse.
Lunar New Year is celebrated widely across Australia and by millions of people worldwide each year to mark the beginning of the year and celebrate with friends and families.
Some popular Lunar New Year activities include putting up decorations, eating dinner with family on New Year's Eve, distributing red envelopes and other gifts and watching lion and dragon dances.
It is also a time of paying respect to ancestors and acknowledging their contributions.
We encourage all of our members celebrating Lunar New Year to contact us through the FDCA Facebook page with photos of your activities and set ups!
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