The level of support that may be available in the school setting for students with chronic health conditions can vary considerably depending on the type of school and its location.

The need for schools to support students’ health needs is essential in ensuring that students reach their potential for learning.

The complexity of the relevant legal frameworks may potentially create confusion about the different legal obligations and duties that are imposed upon schools and school staff, and their potential liabilities.

This presentation by Professor Malcolm Smith and at a recent Bond University Faculty of Law Twilight Seminar, provides an overview of the key law relevant to schools and the support of students with chronic health conditions in the school environment. It centres on the law relevant to the administration of medications and associated obligations in relation to the management of medications in the school environment.

It also outlines the law relevant to negligence and the associated duties of care imposed upon the school and individual school staff, and how they impact specifically on schools and school staff when managing students’ health needs.

The purpose is to highlight inconsistencies and issues for reform of the law moving forward.

About Dr Malcolm Smith

Dr Malcolm Smith is an Associate Professor at the Griffith Law School, Griffith University, where he teaches health law and contract law. His research focuses on a range of health law issues, and he has published widely in the field of health law and bioethics. His recent research focuses on the law relating to children and medical treatment, particularly the law impacting on trans and gender diverse minors and the commencement of gender affirming hormone treatment. Malcolm has undertaken research projects with Diabetes Australia and the Australian Diabetes Educators Association examining the legal and regulatory issues that impact on those who support persons with diabetes.