The Department of Education and Training (DET) has a common law duty of care to ensure that when students attend school or school-related activities, such as excursions, they are kept safe. This duty of care is fulfilled through the actions of the DET’s staff members and applies to schools administering prescribed medication or health care procedures to students, or when students are able to self-administer prescribed medication or health care procedures, the self-administration of medication is carried out in a safe manner (to both the student concerned and other students and staff).

Different states and territories in Australia: Different policies and procedures

Depending on the state or territory in which your school operates, the DET provides a range of resources (policies, procedures, guidelines and information) for ensuring compliance with administering medication to students while they are at school or during school-related activities. In particular, the DET stipulates the roles and responsibilities of principals, teachers, parents, students and associated stakeholders for the administration of medication at school or during school-related activities.

Additionally, each DET policy and procedure specifies what medication for administration is applicable, who can administer the medication, who must look after the medication, how the medication must be securely stored and when a student is required not to take medication (e.g. a student should not take their first dose of a new medication at school, or during a school-related activity, due to the dangers of a possible allergic reaction).

Who is responsible for administering prescribed medication at school or school-related activities?

Staff who volunteer to administer prescribed medication or health care procedures at schools or school-related activities must be appropriately trained and credentialed. In addition, staff who volunteer to administer prescribed medication or health care procedures must feel competent and willing to administer routine medication. Schools are responsible for ensuring that a number of staff members, who are available at any given time, are appropriately trained for the administration of medication to students while they attend school or during school-related activities.

Can staff refuse administering routine medication?

Staff have the right to refuse administering routine medication to students if they feel uncomfortable or unqualified to do so. However, in an emergency situation, a staff member may have an obligation to administer medication despite their reluctance or lack of experience,or if an emergency response requires the administration of medication to be provided immediately to prevent serious illness or injury.

Non-prescribed medication

Generally, schools do not administer medication to students which has not been specifically prescribed by a medical practitioner for a particular student who has a medical condition. However, in some instances, parental authorisation will be required for some non-prescription medications.

Students who are able to self-administer prescribed medication

There will be times when students will be able to self-administer their prescribed medication or health care procedures. Schools are responsible for ensuring that students who are able to self-administer prescribed medication or health care procedures whilst at school or school-related activities do so in a safe manner. However, students are not to be fully responsible for self-administering prescribed medication in emergency situations as their symptoms or condition may compromise their ability to do so.

What if students refuse to take their prescribed medication?

There are a number of factors (personal, family or school) that may be related to a student’s non-compliance with self-administering their prescribed medication. Whilst some students may be resistant to taking their prescribed medication at school or during school-related activities, often for fear of looking different to their peers, it is important that students are encouraged to take their prescribed medication. With regard to this, any non-compliance issues with will need to be addressed as soon as possible and the support of parents and or other health care professionals will be imperative.

Are your policies and procedures up-to-date?

Given the differences between state and territory policies, procedures and guidelines, it is important to ensure that your school policies and procedures are up-to-date and compliant with the relevant state and territory legislation, in addition to the DET’s requirements.

For more information relating to the DET’s requirements, please see the below resources: