The unpalatable term relates to malpractice where FDC educators have historically swapped their own children or falsified records, while receiving government benefits directed toward the industry.

As a result, qualified childcare educators working as FDC providers are not allowed to utilise other FDC providers for their own children on the day they provide FDC themselves.

Conversely, educators early childhood educators with the same qualifications as FDC providers, within preschool centres, may work in the same centre where their child is enrolled.

“I can understand why they’ve put something into place, because there has been a handful of people doing the wrong thing,” Inverell and District Family Services Family Day Care manager Lisa Szumowski said.

“I won’t say it’s specifically there, but it’s mainly in your inner cities, which is another reason why we got our funding cut; for similar areas, doing the wrong thing.”

Lisa said the legislation has impacted the business sustainability and personal finances for some of their 39 FDC providers who have lost control of choices for their children.

An FDC educator may care for seven children, four of which may be under school age. 

If their own child is within that preschool-age range, they lose a space for a paying child.

Lisa explained many FDC providers choose to send their children to other educators for socialisation, and preparation for preschool or kindergarten.

She said FDC is also a popular choice due to lower fees and more flexibility, yet it requires the same standards of educator qualification and program delivers as preschool centres.

“With Family Day Care, usually you just pay for the hours that you use, but if you use a long day care, you’ve got to pay the 10 hours or the 12 hours or whatever they’re open for, regardless of what they use,” she said.

Under the anti-child swap legislation, FDC educators may choose to enrol their child with another FDC provider due to cost, but may not use Child Care Benefits for the service and must pay out of pocket.

“It limits their choice as a parent,” Lisa said. 

The nature of rural Australia meant the options for all families are limited when it comes to child care.

Lisa said one of their FDC educators based in Bingara has a toddler of her own, and a conundrum.

“Because they’ve only got a preschool out there, while she’s still working, she’s unable to send her child anywhere, because they’re only family day care or preschool, and I’m not sure whether they’re from (age) two or three, but the child’s not two yet,” she said.

“So on the days she actually works, she can’t send her child anywhere, which is crazy.” 

Though exceptions are attached to the legislation for very remote locations or children with disabilities, the list may be incomplete and force parents to make undesirable conditions for their own children.

“One of our providers has a child, a special-needs with a medical condition that she preferred the smaller environment of Family Day Care, so even though she did it herself, he benefitted more from going somewhere else as well,” Lisa said.

“But because his condition does not come under the list of conditions that we’re given, he had to go into a mainstream long-day care service, which he’s going ok, but she had no choice.”

Lisa felt the legislation was discriminatory against FDC providers in relation to parents working in other careers.

“All of our workers here are ladies, they’re mums themselves, trying to make a profession but still be there for their family, but their choices are cut off as to what they can do with their own children.”

Famnily Day Care Australia said in a statement: "A government review of the legislation is due mid-year, and Family Day Care Australia will be undertaking their own analysis to determine how its members have been impacted by the legislation."

The anti-child swapping legislation in October 2015 followed substantial cuts to Community Support Programme (CSP) funding critical to regional a rural FDC providers.

The CSP was originally intended for rural and remote FDC providers, but was blown out when metropolitan providers exploited the funding stream.

Lisa said despite a powerful rally from their families the form of a petition presented to Member for New England Barnaby Joyce in December 2014, they did lose CSP funds.

The cuts forced IDFS Family Day Care to raise costs for families and alter staffing arrangements in order to maintain a standard of service and educator support.