Medication may be given to a child only with an authorisation recorded in the child’s medication record (or, in an emergency, verbal authorisation from a parent, or from a doctor or emergency service if the parent cannot be contacted), and only in accordance with regulation 95: from the original container with the original label naming the child (for prescribed medication) and before the expiry date, in accordance with the instructions, with the dosage and the child’s identity checked by a second person (regulation 93, penalty $6,600). The medication record under regulation 92 captures the authorisation, the medication, dose, time last given and next due, and, for each administration, the dose, manner, time, the administering person’s name and signature and the checker’s. In an anaphylaxis or asthma emergency medication may be given without authorisation, with the parent and emergency services notified as soon as practicable (regulation 94). A child over preschool age may self-administer only with a recorded authorisation and a policy that covers it (regulation 96). Children with a diagnosed condition need a medical management plan, a risk minimisation plan and a communication plan under the medical conditions policy (regulation 90).
Medication is where a procedural slip becomes a serious incident. The Regulations are prescriptive about who may authorise, how the medication is presented, who checks, and what is written down, and they add a separate structure for children with ongoing conditions. This page gives the rules in the order they apply on the day, the record fields, the emergency exceptions, the medical conditions policy, and the findings that recur at visits and investigations.
| Field | Requirement |
|---|---|
| Child | Name. |
| Authorisation | Signed by a parent or a person named in the enrolment record as authorised to consent, including self-administration if applicable. |
| Medication | Name of the medication; the time and date it was last administered; the time and date, or circumstances, for the next dose; the dosage; the manner of administration. |
| Each administration | Dosage administered; manner; time and date; name and signature of the person who administered it; and, where regulation 95(c) requires a check, the name and signature of the person who checked the dosage and the child’s identity. |
A family day care educator keeps the same record (92(2)). The record is a child record under regulation 177, kept confidential (181) and stored for the period in regulation 183; where it relates to an illness or incident, until the child is 25.
Medication may be administered without authorisation in an anaphylaxis or asthma emergency. Afterwards the approved provider, nominated supervisor or family day care educator must ensure a parent and emergency services are notified as soon as practicable. This is why regulation 136 requires an educator with current anaphylaxis management and emergency asthma management training in attendance and immediately available at all times, and why the service’s general-use adrenaline injector and reliever (where the service keeps them under state health guidance) must be in date and accessible. An emergency administration is a serious incident if the child attended or ought to have attended hospital (regulation 12).
Permitted only for a child over preschool age, only where an authorisation for self-administration is recorded in the medication record, and only where the medical conditions policy includes practices for self-administration (regulation 90(2)), including how the child’s notification that they have taken the medication is recorded (90(3)). Typical in outside school hours care for asthma relievers.
The policy required by regulation 168(2)(d) must set out practices for managing medical conditions including asthma, diabetes and a diagnosis of risk of anaphylaxis; for informing staff and volunteers; and, where a child has a specific health care need, allergy or relevant medical condition:
Regulation 91 requires a copy of the medical conditions policy to be given to the parent of any child the provider knows has such a condition. See the regulation 90 compliance guide for the plan templates and the anaphylaxis specifics.
A parent or a person named in the child’s enrolment record as authorised to consent to the administration of medication, by signing the authorisation in the medication record (regulations 92 and 93(5)(a)). In an emergency, verbal authorisation from those persons, or if they cannot reasonably be contacted, from a registered medical practitioner or an emergency service (93(5)(b)), followed by written notice to the family as soon as practicable.
Yes. Regulation 95(a) requires prescribed medication to be administered from its original container bearing the original label with the child’s name, and other medication from its original container with the original label and instructions, in both cases before the expiry or use-by date.
Yes, except in family day care or a service permitted to have only one educator. Regulation 95(c) requires a person other than the one administering to check the dosage and the identity of the child, and regulation 92(3)(h)(v) requires that person’s name and signature in the medication record.
Only in an anaphylaxis or asthma emergency, under regulation 94. A parent and emergency services must then be notified as soon as practicable. For any other emergency, verbal authorisation under regulation 93(5)(b) is required.
Only a child over preschool age, where an authorisation for self-administration is recorded in the medication record and the medical conditions policy includes self-administration practices (regulations 96 and 90(2)). Typical for asthma relievers in outside school hours care.
Under regulation 90 the medical conditions policy must require a medical management plan from the parent, a risk minimisation plan developed with the parents, and a communication plan, and regulation 91 requires the policy to be given to the parent. Staff and volunteers must be able to identify the child, the plan and the medication’s location.
For example: a parent texts to say give the antibiotic at 1 pm. WIDEN Law answers with regulations 92 to 95 cited.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.