Medical conditions policy: regulation 90

Last reviewed: 8 November 2026. Checked against regulations 90 to 96, 136, 168 and 173 of the Education and Care Services National Regulations on 8 November 2026. This is a guide to what the policy must cover, not a template or medical advice.

Quick answer

Every service must have a medical conditions policy (regulation 168(2)(d)) that meets regulation 90. For each child with a specific health care need, allergy or relevant medical condition, it must require: a medical management plan from the parent, followed if an incident occurs; a risk minimisation plan developed with the parents (covering food, allergens, identifying the child and their plan and medication, and not attending without prescribed medication); and a communication plan so staff are informed and parents can update the plans. Parents of these children must be given a copy of the policy (r 91), and a notice must be displayed if a child at risk of anaphylaxis is enrolled (r 173).

What regulation 90 requires, the three plans for each child, how medication and first aid fit in, and the common gaps assessors find.

What regulation 90 requires the policy to cover

Regulation 90 requires the policy to set out practices for:

managing medical conditions, including asthma, diabetes and a diagnosed risk of anaphylaxis;
informing nominated supervisors, staff and volunteers about those practices;
the plans required for each child with a specific health care need, allergy or relevant medical condition (below); and
if the service allows it, self-administration of medication by children over preschool age, including how the child’s notification that they self-administered is recorded in the medication record.

The three plans for each child

Plan	What the policy must require
Medical management plan	Provided by the parent (usually completed by the child’s doctor) and followed if an incident relating to the condition occurs
Risk minimisation plan	Developed with the parents to assess and minimise the risks; where relevant, safe food handling, preparation and service; telling parents about known allergens that pose a risk; making sure every staff member and volunteer can identify the child, their plan and where their medication is; and making sure the child does not attend without medication prescribed for the condition
Communication plan	Making sure relevant staff and volunteers know the policy and the child’s plans, and setting out how parents can tell the service about changes to the plans

Information for parents

Give a copy of the medical conditions policy to the parent of any enrolled child the provider knows has a specific health care need, allergy or relevant medical condition (regulation 91).
Display a notice that a child diagnosed as at risk of anaphylaxis is enrolled (regulation 173(2)(f)).
Record the plans in the enrolment record and keep them current. See the enrolment and orientation policy.

Medication: authorisation, the medication record and the anaphylaxis and asthma emergency exception (regulations 92 to 96). See medication administration and the authorisations policy.
First aid: at least one educator with current approved anaphylaxis management and emergency asthma management training on site at all times (regulation 136). See first aid requirements.
Food: allergen controls in the kitchen. See food safety and the nutrition and food policy.
Excursions and transport: take each child’s plan and medication. See the excursion policy.

Common gaps

A medical management plan on file but no risk minimisation plan developed with the family.
Relief staff unable to identify the child or find their adrenaline autoinjector.
Plans out of date, or not updated after a change in medication.
Children attending without their prescribed medication.
No anaphylaxis notice displayed.

Frequently asked questions

What is regulation 90 in childcare?

Regulation 90 sets what a service's medical conditions policy must cover: managing conditions such as asthma, diabetes and anaphylaxis risk; informing staff; and requiring a medical management plan, a risk minimisation plan and a communication plan for each child with a specific health care need, allergy or relevant medical condition.

What is a risk minimisation plan in childcare?

A plan developed with the parents to assess and minimise the risks of a child's health care need, allergy or medical condition, covering matters such as safe food handling, allergen notice, identifying the child and their medication, and making sure the child does not attend without prescribed medication.

Can a child attend childcare without their EpiPen?

The medical conditions policy must include practices to ensure a child does not attend without medication prescribed by their doctor for their condition, where relevant (regulation 90(1)(c)(iii)(E)).

Do parents get a copy of the medical conditions policy?

Yes. Regulation 91 requires a copy to be given to the parent of an enrolled child whom the provider knows has a specific health care need, allergy or relevant medical condition.

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This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.