In September 2025, the Victorian Parliament passed the Drugs, Poisons and Controlled Substances Amendment (Medication Administration in Residential Aged Care) Act (the Act). The Act places a new requirement on registered aged care providers in Victoria to ensure only nurses (registered and enrolled nurses) and other registered health practitioners administer prescribed and dispensed Drugs of Dependence and Schedules 4, 8 and 9 medications to residents who do not administer their own medication.
Regulations will include exceptional circumstances where the requirement will not apply (exemptions) and how these circumstances will be managed.
The change aims to reduce the risk of medicine-related problems in residential aged care.
Consultation with the sector undertaken in 2022 and 2024 fed into the development of the Bill.
The new requirement will commence on 1 July 2026.
Consultation on the exposure draft of the regulations
The Department of Health has released a draft of the Drugs, Poisons and Controlled Substances Amendment (Medication Administration in Aged Care) Regulations 2026 for feedback.
The draft regulations prescribe circumstances when the requirement that only a nurse (or registered health practitioner) administers medication does not apply. A registered nurse could delegate medication administration to someone who is not a nurse when both the following apply:
- There is an unforeseen event that unexpectedly affects the availability of nurses and
- The registered nurse determines there is risk of harm if a resident waits for the nurse to be available.
To support the sector to understand these changes, a draft guidance document has been prepared to complement the Regulations.
The department encourages feedback on the exposure draft and guidance document. A consultation document has been prepared with background to the reform and some questions to guide feedback.
Key areas for feedback
To help shape your feedback, you may like to consider the following prompts:
- The policy intention of the Regulations is to account for unforeseen events where a nurse is not available, and a resident cannot wait for their medication. To what extent to do you agree that the Regulations reflect the policy intention?
- Is it clear when an exemption applies? If not, what could be improved?
- The draft Regulations details prescribed circumstances where exemptions apply. Are there other operational scenarios, that cannot be reasonably planned for, where you feel an exemption should apply? Why can’t these scenarios be planned for?
How to provide feedback
Feedback will assist finalising the Regulations and guidance document prior to the commencement of the new requirement on 1 July 2026.
You can share feedback by completing a short online or by sending a written submission to Vic_AgedCare@health.vic.gov.au by 7 April 2026.
The department is also available to meet directly to discuss the draft documents and receive feedback. To organise a meeting, contact the department via Vic_AgedCare@health.vic.gov.au.
Background
From 1 July 2026, amendments to the Drugs, Poisons and Controlled Substances Act 1981 will place a requirement on all Victorian registered residential aged care providers to:
Ensure, unless there is reasonable excuse, that only a registered nurse or an enrolled nurse (or other registered health practitioner) administers prescribed Drugs of Dependence and Schedules 4, 8 and 9 medications.
This new obligation builds on existing Victorian legislative requirements that a registered nurse manages the medication administration process and is consistent with national Guiding Principles for Medication Management in Residential Aged Care .
The obligation will only apply when a resident is on the premises of the residential aged care home. It will also only apply to residents who do not administer their own medication.
The new requirement will not:
- Prescribe models of care or how Commonwealth Government mandated direct care minutes are to be used; how homes implement the reform is a decision for providers.
- Change health practitioners’ existing authorisation under the Drugs, Poisons and Controlled Substances Act 1981, or the Drugs, Poisons and Controlled Substances Regulations 2017, to administer medication within their scope of practice (for example general practitioners, dentists, pharmacists, and paramedic practitioners).
- Apply to unscheduled and Schedules 2 and 3 medications.
- Change any requirements of the voluntary assisted dying legislation.
- Impact Aboriginal and Torres Strait Islander Health Practitioners authorisation to administer Schedule 4 and 8 medications across Victoria’s health and care settings.
The Victorian Government has committed to a 90-day grace period where no enforcement action will be pursued until 29 September 2026 to give providers that need to prepare for these changes some flexibility.
Next steps
The department is continuing to work with aged care providers and other stakeholders to implement the changes to the Drugs, Poisons and Controlled Substances Act 1981.
The department will consider all feedback received on the draft Regulations and guidance document. Regulations, guidance document and other supporting materials will be finalised ahead of the requirement commencing 1 July 2026.
Ongoing engagement opportunities will continue to be communicated directly with providers and made available on this page.
What are Schedules 4, 8 and 9 medications and drugs of dependence?
Schedule 4 medications are prescription-only, for example antibiotics, local anaesthetics, and strong analgesics (such as Panadeine Forte®)
Schedule 8 medications are those that have a higher risk for abuse, misuse and physical or psychological dependence (for example oxycodone (OxyContin® or Endone®), morphine MS-Contin®) and some benzodiazepines (flunitrazepam and alprazolam).
Schedule 9 medications are prohibited substances and may include medication used in clinical trials.
Drugs of Dependence are listed in the Drugs, Poisons and Controlled Substances Act 1981 and have a higher potential for dependence – they include all medicines in Schedules 8 and 9 and some from Schedules 4 (such as benzodiazepines). Drugs of Dependence should be treated with a higher degree of caution.
Reviewed 12 March 2026