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)
Equal Opportunity Act 2010 (Vic)
Privacy and Data Protection Act 2014 (Vic)
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).
Drugs, Poisons and Controlled Substances Act 1981 (Vic)
Drugs, Poisons and Controlled Substances Regulations 2017 (Vic)
- See Regulation 103, which relates to the administration of medication to a person for whom the medication is lawfully prescribed.
Victorian Department of Education – Medication Policy
Victoria Education Department policies specific to diabetes/health care and reasonable adjustments
Victorian Department of Education – Diabetes Policy
Education and Training – Health Care Needs Policy (April 2021)
Reasonable Adjustments (10 Oct 2019)
Victorian Department of Education – Duty of Care Policy
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