Drugs, Poisons and Controlled Substances Amendment (Medication Administration in Residential Aged Care) Act 2025 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Medication Administration in Residential Aged Care) Act 2025

No. 37 of 2025

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Section 34F amended

6Heading to Division 10A of Part II amended

7Definitions

8Section 36E amended

9New section 36EA inserted

10Section 36F amended

11Regulations

12Repeal of this Act

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Endnotes

1     General information

Drugs, Poisons and Controlled Substances Amendment (Medication Administration in Residential Aged Care) Act 2025

No. 37 of 2025

[Assented to 16 September 2025]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981—

(a)to further provide for the administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons to persons accessing funded aged care services in residential aged care homes; and

(b)to make amendments consequential on the repeal of the Aged Care Act 1997, and the enactment of the Aged Care Act 2024, of the Commonwealth.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2026, it comes into operation on that day.

3Principal Act

In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act.

4Definitions

(1)In section 4(1) of the Principal Act insert the following definitions—

"funded aged care service has the same meaning as in the Aged Care Act 2024 of the Commonwealth;

residential aged care home means a residential care home within the meaning of the Aged Care Act 2024 of the Commonwealth;".

(2)In section 4(1) of the Principal Act, the definition of aged care service is repealed.

5Section 34F amended

(1)In the heading to section 34F of the Principal Act, for "aged care services" substitute "residential aged care homes".

(2)For section 34F(b) of the Principal Act substitute—

"(b)a person who is accessing funded aged care services in a residential aged care home; or".

6Heading to Division 10A of Part II amended

In the heading to Division 10A of Part II of the Principal Act, for "aged care services" substitute "residential aged care homes".

7Definitions

(1)In section 36D of the Principal Act insert the following definitions—

"enrolled nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse (other than as a student); and

(b)in the enrolled nurses division of that profession;

registered provider has the same meaning as in the Aged Care Act 2024 of the Commonwealth.".

(2)In section 36D of the Principal Act, the definitions of approved provider and high level residential care are repealed.

8Section 36E amended

(1)For the heading to section 36E of the Principal Act substitute—

"Managing the administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes".

(2)In section 36E(1) of the Principal Act—

(a)for "person who is an approved provider of an aged care service" substitute "registered provider who delivers funded aged care services in a residential aged care home";

(b)for "resident in an aged care service" substitute "person";

(c)in paragraph (a), for "receiving high level residential care" substitute "accessing funded aged care services in the residential aged care home".

(3)For the penalty at the foot of section 36E(1) of the Principal Act substitute—

"Penalty:600 penalty units.".

(4)In section 36E(2) of the Principal Act, for "resident in an aged care service who is the subject of that permit." substitute "person who is—

(a)the subject of that permit; and

(b)accessing funded aged care services in a residential aged care home.".

9New section 36EA inserted

After section 36E of the Principal Act insert—

"36EA   Administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes

(1)A registered provider who delivers funded aged care services in a residential aged care home must ensure that a person specified in subsection (2) administers any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a person—

(a)who is accessing funded aged care services in the residential aged care home; and

(b)for whom that drug or poison has been supplied on prescription; and

(c)who is at the residential aged care home when the drug or poison is administered to the person.

Penalty:100 penalty units.

(2)The following persons are specified—

(a)a registered nurse;

(b)an enrolled nurse who holds a qualification approved by the Nursing and Midwifery Board of Australia in relation to the administration of medication;

(c)any other registered health practitioner who is authorised by or under this Act or the regulations to administer the drug or poison.

(3)A registered provider does not contravene subsection (1) if—

(a)the registered provider has a reasonable excuse; or

(b)the person for whom the drug or poison has been supplied self-administers the drug or poison; or

(c)a person other than a person specified in subsection (2) administers the drug or poison in prescribed circumstances.

(4)Subsection (1) does not apply to the administration of any voluntary assisted dying substance specified in a voluntary assisted dying permit to a person who is—

(a)the subject of that permit; and

(b)accessing funded aged care services in a residential aged care home.".

10Section 36F amended

(1)In the heading to section 36F of the Principal Act, for "code or guideline" substitute "standards, codes or guidelines".

(2)In section 36F of the Principal Act—

(a)for "resident in an aged care service" substitute "person in a residential aged care home";

(b)for "code or guideline (if any) issued" substitute "standards, codes or guidelines (if any) developed".

11Regulations

In section 129(1)(ba) of the Principal Act, for "residents of aged care services" substitute "persons who are accessing funded aged care services in a residential aged care home".

12Repeal of this Act

This Act is repealed on 1 July 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 31 July 2025

Legislative Council: 28 August 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Drugs, Poisons and Controlled Substances Act 1981 to further provide for the administration of medication to residents in aged care and for other purposes."