135Administration of certain substances by carers

135 Administration of certain substances by carers

(1)  Subject to subregulation (2) , a person may administer, or make available for self-administration, to another person a medicinal poison, potent substance, restricted substance or narcotic substance if –

(a) the person administering the poison or substance, or making it available, has the care of, and responsibility for, the other person; and

(b) the other person is incapable of safely administering the poison or substance to himself or herself or needs assistance with self-administration; and

(c) in the case of a medicinal poison, the poison has been lawfully supplied and the administration is in accordance with the manufacturer’s instructions; and

(d) [Regulation 135 Subregulation (1) amended by No. 23 of 2022, s. 82, Applied:24 Oct 2022] in the case of a potent substance, the substance has been lawfully supplied and the administration is in accordance with the instructions of a medical practitioner, dentist, pharmacist, authorised nurse practitioner or authorised health professional; and

(e) in the case of a restricted substance, the substance has been lawfully prescribed and supplied for the person to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; and

(f) in the case of a narcotic substance, the substance has been lawfully prescribed and supplied for the person to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner.

(2)  This regulation does not authorise the administration, or making available, of a poison or substance by –

(a) [Regulation 135 Subregulation (2) amended by No. 6 of 2025, s. 30, Applied:01 Jul 2025] a person employed by a disability services provider; or

(b) a member of school staff within the meaning of regulation 129 ; or