The law requires a medical conditions policy covering anaphylaxis (r 90), a medical management plan and risk minimisation plan for each child at risk, at least one educator with approved anaphylaxis training on site at all times (r 136), and a notice that a child at risk is enrolled (r 173). The 2026 National Allergy Council best practice guidelines go further: be allergy aware rather than “nut free” (food bans are not recommended), keep at least one general use adrenaline device with the orange ASCIA First Aid Plan, train all staff at least every two years with refreshers twice a year, and make food staff complete All about Allergens training.
What the National Regulations require for children at risk of anaphylaxis, what the May 2026 best practice guidelines add, and whether a service should call itself nut free.
| Requirement | Regulation |
|---|---|
| A medical conditions policy covering management of anaphylaxis risk, a medical management plan and risk minimisation plan for each child, and communication with staff and families | r 90 |
| A copy of the policy given to the parent of a child with a relevant medical condition | r 91 |
| Medication may be given without authorisation in an anaphylaxis or asthma emergency, with parents and emergency services notified as soon as practicable | r 94 |
| At least one educator with current approved anaphylaxis management training in attendance and immediately available at all times | r 136 |
| A notice displayed stating that a child diagnosed at risk of anaphylaxis is enrolled | r 173 |
The National Law does not require a general use adrenaline device, but the guidelines strongly recommend one (NSW Department of Education). See the medical conditions policy and first aid requirements.
The guidelines recommend an allergy aware approach rather than food bans, and say services should not claim to be free of any allergen because it gives staff and families a false sense of security; staples such as wheat, dairy, egg and soy cannot be removed anyway. Allergen-restricted areas can be used instead (Best Practice Guidelines, pp. 10 and 30). Practical strategies include supervising meal times, no food sharing, checking labels and menus against each child’s plan, and hand washing before and after eating (see hand hygiene).
Source: Best Practice Guidelines, recommendations 4 and 5. Version 3.0 also adds guidance on newer adrenaline devices, anaphylaxis drills, risk-assessing events and excursions, and recording oral immunotherapy on the care plan.
Follow the child’s ASCIA Action Plan, call an ambulance, notify parents, record it on the incident report, and notify the regulator if it is a serious incident (see serious incident notification). The guidelines then ask you to review the policy and risk strategies and support the staff involved.
Not by law. The National Allergy Council's 2026 best practice guidelines recommend an allergy aware approach rather than food bans and advise services not to claim to be free of any allergen, because it creates a false sense of security.
The National Law does not require one, but the best practice guidelines recommend at least one general use adrenaline device per service, stored with the orange ASCIA First Aid Plan, in addition to children's prescribed devices.
Regulation 136 requires at least one educator with current approved anaphylaxis training on site at all times. The best practice guidelines recommend all staff train at least every two years, with refreshers twice a year.
Regulation 173 requires a notice stating that a child diagnosed as at risk of anaphylaxis is being educated and cared for by the service.
The guidelines say the strength depends on the children's ages; NSW guidance suggests a 0.15 mg device for early childhood services, as most children are under 20 kg, and 0.30 mg for OSHC.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
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