A range of legal issues arise when considering how best to support students with diabetes in the school environment. They include, for example, issues surrounding the lawful possession and administration of prescription medication, the need to obtain consent from parents/guardians so that support may be lawfully provided by school staff, the need to protect the confidentiality and privacy of students and their health information, and the potential risk and liability of those who assist students in the school environment. Some of the below references relate to these different legal issues.
The legal landscape relevant to the management of students’ health conditions in the school environment is complex, particularly due to the mix of federal and state/territory laws. The exact legal position that applies to you will always depend on your individual and surrounding circumstances. The sources provided on this page are for information only and are intended to provide references to relevant laws, policies, and procedures that may apply. The information on this page does not constitute formal legal advice and should not be relied upon as such.
Relevant Territory and Commonwealth legislation
Disability Discrimination Act 1992 (Cth)
Poisons legislation and administration of medication policies
Under the federal Poisons Standard, insulin and glucagon are ‘Schedule 4’ medicines (that is, prescription only medicines and likely to always be ‘Schedule 4’ medicines).
Medicines, Poisons and therapeutic Goods Act 2008 (ACT)
Medicines, Poisons and Therapeutic Goods Regulation 2008 (ACT)
- See Regulation 361, which relates to administration of medication by ‘assistants’.
Education Directorate (ACT), Medication Authorisation and Administration Record
Diabetes/health care policies and reasonable adjustments
ACT Government/Education Department policies for schools and school staff
There are several relevant policies that can be found on the ACT Government Education Department’s ‘Policies’ webpage, including:
- The ‘Excursions’ policies and attachments (including attachments relating to excursions, medical conditions, and consent);
- ‘Work, Health and Safety’ policies (including the ‘Administration of Student Medication and Complex Health Care Procedures’ policy (marked internal access only);
- ‘Diabetes Management Procedure’ policy (marked internal access only); and,
- ‘Privacy’ policy.
Codes of Conduct for school staff
ACT Government’s Code of Conduct for Teachers, School Leaders and Principals
ACT Government’s Code of Conduct for School Based Staff
Disclaimer
References in this document do not indicate an exclusive course of treatment or procedure to be followed. Variations, considering individual circumstances, may be appropriate. Internet addresses are current at time of publication.
Last updated: April 2025