Managing children with medical conditions is a core responsibility for every Australian childcare service. Regulation 90 of the Education and Care Services National Law sets out mandatory requirements for how approved providers must develop, implement, and maintain a medical conditions policy. This guide breaks down what you need to know to stay compliant.
Key Takeaways
- Regulation 90 requires all services to have a written medical conditions policy as part of their essential policies framework
- Your policy must address identification, notification, communication, and management of children's medical conditions
- The policy must be accessible to all educators and reviewed regularly with parents and staff input
- Medical conditions policies directly support NQS Quality Area 2 (Children's Health and Safety)
- WIDEN Law's compliance tool instantly verifies your policy against Regulation 90 requirements
What is Regulation 90 and Why Does It Matter?
Regulation 90 is part of the National Quality Framework's essential policies and procedures requirement. It mandates that approved providers establish and maintain a medical conditions policy that outlines how the service will identify, respond to, and manage children with medical conditions—including chronic illnesses, allergies, asthma, and other health needs.
This regulation sits within Regulation 168, which sets out all essential policies and procedures childcare services must have. Together, these regulations form the foundation of your compliance obligations under the National Law.
Core Requirements Under Regulation 90
Your medical conditions policy must include several key elements:
- Identification of medical conditions: How you identify and document which children have diagnosed medical conditions on enrolment and throughout their time at your service
- Parental notification and communication: The process for asking parents about their child's medical conditions and how you'll maintain ongoing communication about changes or new diagnoses
- Educator awareness and training: How all educators will be informed of medical conditions affecting children in their care, and what training they'll receive
- Management plans: Requirements for developing individual medical condition management plans with parents, including medication administration protocols
- Emergency response procedures: How staff will respond if a child experiences a medical emergency (anaphylaxis, asthma attack, seizure, hypoglycaemia, etc.)
- Record keeping: Documentation standards for medical information, management plans, and any incidents related to medical conditions
- Privacy and confidentiality: How you'll protect sensitive health information in line with privacy legislation
Connection to National Quality Standards
Regulation 90 directly supports NQS Quality Area 2: Children's Health and Safety. Specifically, it aligns with:
- Standard 2.1: Each child's health and physical activity is supported and promoted, including management of medical conditions
- Standard 2.2: Healthy eating and drinking practices support children's wellbeing
- Element 2.1.1: Health status and physical activity of each child is assessed and planned for, taking into account medical diagnoses
Assessors will examine your medical conditions policy during NQS evaluations to confirm you're meeting these standards. A well-drafted, implemented policy demonstrates your commitment to child safety and health—a cornerstone of Quality Area 2.
Developing Your Medical Conditions Policy: Step-by-Step
Step 1: Enrolment Information Collection
Your enrolment form must explicitly ask parents about any medical conditions, allergies, medications, and health management needs. Document this clearly and keep records secure and accessible only to relevant staff.
Step 2: Individual Medical Condition Plans
For each child with an identified medical condition, work with parents to develop a written management plan. This should outline:
- The condition and its symptoms
- Triggers and prevention strategies
- Medication or treatment requirements and administration instructions
- Actions staff should take in response to symptoms
- Emergency contact details and authorised medical personnel
Step 3: Staff Training and Awareness
Ensure all educators are trained on your medical conditions policy and understand how to recognise and respond to common conditions at your service. The National Quality Framework requires staff competency in health and safety matters, and this includes medical condition management.
Step 4: Review and Feedback
Your policy must be reviewed at least annually and whenever significant changes occur (new staff, new conditions identified, legislative updates). Involve parents and educators in reviews to ensure the policy remains practical and comprehensive.
Medical Conditions and Serious Incident Notifications
It's important to distinguish between routine medical condition management and serious incidents. If a child experiences a serious medical event (such as anaphylaxis, severe asthma attack, or diabetic emergency), you may be required to notify the Regulatory Authority. Regulations 175 and 176 outline serious incident notification requirements and clarify when a medical event becomes a reportable incident.
Your medical conditions policy should reference these obligations and include procedures for incident reporting and documentation.
Common Compliance Gaps and How to Avoid Them
Incomplete Medical Information on Enrolment
Many services fail to ask comprehensive questions about allergies, asthma, dietary restrictions, or medications. Your enrolment process must be thorough. Don't rely on parents to volunteer information—ask directly.
No Individual Management Plans
A generic policy isn't enough. Each child with an identified medical condition needs a specific, written plan agreed with parents. This is a Regulation 90 requirement and an NQS expectation.
Inadequate Staff Training
If educators aren't trained on your medical conditions policy, it's ineffective. Budget for induction training and refresher sessions, especially for staff new to the service.
Poor Communication with Parents
Updates to medication doses, new diagnoses, or changes in management plans must be communicated promptly. Your policy should specify communication methods (written updates, conversations, sign-off procedures).
Missing Documentation
Records of medical information, management plans, training, and any incidents must be kept for the duration of the child's enrolment plus a retention period specified in your records policy.
Medication Administration and Regulation 90
Medication administration is closely related to medical conditions management. While specific medication procedures may be detailed separately, your Regulation 90 policy should clearly state:
- How parents will authorise medication administration
- Storage and labelling requirements for medications
- Who is authorised to administer medication
- Record-keeping requirements (medication logs)
- Emergency medication access (e.g., emergency asthma inhalers, EpiPens)
Incorporating Child Transitions and Medical Conditions
When children move between rooms or transition to school, medical information must be clearly communicated. Your policy should address how medical condition details and management plans are shared (with parental consent) to ensure continuity of care. This might involve communication with authorised persons collecting children about any relevant medical management.
Frequently Asked Questions
What exactly must be included in a Regulation 90 medical conditions policy?
Regulation 90 requires policies covering identification, notification, communication, and management of children's medical conditions. This includes enrolment procedures, individual management plans, staff training, emergency response protocols, record-keeping, and confidentiality safeguards. Your policy must be accessible to all staff and reviewed regularly with parent and educator input.
Can a generic medical conditions policy work for all children, or do I need individual plans?
You need both. A generic policy outlines your service's approach; however, each child with an identified medical condition must have an individual written management plan developed with parents. This personalised plan is a Regulation 90 requirement and ensures staff know exactly how to support that specific child.
What's the difference between Regulation 90 and medication management policies?
Regulation 90 covers the broader identification and management of medical conditions. Medication policies are a subset—addressing how medicines are authorised, stored, administered, and recorded. Your Regulation 90 policy should reference medication procedures but can detail them in a separate document if preferred.
How often should we review and update the medical conditions policy?
Regulation 90 requires your policy to be reviewed regularly—at minimum annually. You should also review whenever significant changes occur: new staff, changes in enrolled children's diagnoses, legislative updates, or identified gaps in practice. Involve educators and parents in reviews to keep the policy relevant and practical.
Is staff training on medical conditions a Regulation 90 requirement?
Yes. Your policy must outline how educators will be informed of medical conditions and trained to respond appropriately. This supports both Regulation 90 and NQS Quality Area 2 (Children's Health and Safety). New staff should receive induction training, and all staff benefit from refresher sessions annually or when new conditions are identified at your service.
Next Steps for Your Service
Review your current medical conditions policy against the requirements outlined here. If gaps exist, prioritise:
- Updating your enrolment form to comprehensively capture medical information
- Creating individual management plans for all children with identified conditions
- Scheduling staff training and documenting completion
- Establishing a review schedule and documenting feedback from parents and educators
- Ensuring clear procedures for staff transitions and emergency response
WIDEN Law's AI compliance research tool answers National Quality Framework questions in seconds, with citations to the National Law, Regulations, and NQS. Try it free for 14 days at widenlaw.com.au