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.
State and Commonwealth legislation
Disability Discrimination Act (1992) (Cth)
Anti-Discrimination Act 1977 (NSW)
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).
Poisons and Therapeutic Goods Regulation 2008 NSW
- See Regulation 59, which relates to administration of prescribed substances.
NSW Education Department policies specific to diabetes/health care and reasonable adjustments
Student Health in NSW Public Schools: A summary and consolidation of policy (May 2024)
Individual health care planning (Aug 2020)
Administration of medication procedures
Administering Prescription Medication (June 2024)
Duty of care – Legal Liability and responsibility of School Staff (Jan 2021)
Digital devices and online services for students
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