Explanatory Notes
The Drugs, Poisons and Controlled Substances Act 1981 (the Act) and Regulations 2006 (the Regulations) require medical practitioners and nurse practitioners to hold a permit to prescribe Schedule 8 drugs under certain circumstances. The following information summarises the requirements of the legislation. The Policy for the issue of permits to prescribe Schedule 8 poisons outlines the Victorian policy on issuing Schedule 8 permits. This policy is available on the Drugs and Poisons Regulation website at
- PERMIT TO PRESCRIBE A SCHEDULE 8 DRUG
(i)Treatment for a continuous period of greater than eight weeks
The Act requires a medical practitioner or nurse practitioner to hold a permit when it is necessary to prescribe a Schedule 8 drug for longer than eight weeks. The eight week period is the time the patient has been treated with a Schedule 8 drug by all practitioners, not just the treatment provided by any one practitioner.
(ii)Treatment of a drug dependent person
The Act requires a medical or nurse practitioner to hold a permit before prescribing a Schedule 8 drug to a drug dependent person, except in certain limited circumstances outlined under “(iv) Circumstances where a permit is not required”.
(iii)Permits required before prescribing certain drugs
The Regulations require a medical practitioner or nurse practitioner to hold a permit before prescribing amphetamines, methylphenidate or methadone unless the practitioner is treating:
- a patient at an oncology or pain clinic at a hospital;
- a patient under the care of a palliative care service; or
- a patient for attention deficit disorder and the medical practitioner is a paediatrician or psychiatrist.
While these circumstances exempt the practitioner from obtaining a permit before commencing treatment, all treatment which continues for more than eight weeks requires a permit.
(iv)Circumstances where a permit is not required
Medical practitioners or nurse practitioners are not required to hold a permit where the patient is:
- a hospital in-patient;
- a resident in an aged care service; or
- a prisoner being treated in prison or for a period not exceeding seven days after release from prison.
Important note: Even though a permit is not required, the practitioner is still required to make a notification of a drug dependent person if he or she intends to treat with a drug of dependence.
A practitioner working in a multiple practitioner clinic may prescribe without holding a permit if:
- the treatment is provided at the multiple practitioner clinic, and
- another practitioner at that clinic holds a permit to treat the patient with the same drug, and
- the treatment is in accordance with that permit.
- GIVING NOTICE OF TREATMENT
Under certain circumstances a medical practitioner or nurse practitioner may simply give notice of treatment with the indicated Schedule 8 drugs without the need to obtain a permit. These conditions and circumstances are listed below. Permits are still required prior to treatment of patients believed to be drug dependent (see (ii) above), except in certain circumstances (see (iv) above).
- Pain caused by cancer or complications arising from cancer
Applicable circumstances:
- the Schedule 8 poison administered, supplied or prescribed is an opioid analgesic; and
- the diagnosis of pain caused by cancer or complications arising from cancer is made by a registered medical practitioner.
- Childhood attention deficit hyperactivity disorder
Applicable circumstances:
- the Schedule 8 poison administered, supplied or prescribed is a psychostimulant drug approved by the Therapeutic Goods Administration for the treatment of attention deficit hyperactivity disorder; and
- the person to be administered, supplied or prescribed the Schedule 8 poison is less than 18 years old; and
- the diagnosis of attention deficit hyperactivity disorder is made by a medical practitioner registered with the Australian Health Practitioner Regulation Agency as a specialist general paediatrician or specialist psychiatrist; and
- the registered medical practitioner conducts a review, at least annually, of the therapeutic need for the Schedule 8 poison to be administered, supplied or prescribed.
For further information
Department of Health and Human Services
Drugs and Poisons Regulation
GPO Box 4057
Melbourne 3001
Tel:1300 364 545
Fax:1300 360 830
Email:
Web: