Radiation licence exemptions
Under clause 8 of the Radiation Control Regulation 2003 (the Regulation)
The Radiation Control Act 1990 (the Act) and the Regulation impose restrictions on anyone using radioactive substances, ionising radiation apparatus and certain types of non-ionising apparatus. A person must hold a licence to use radioactive substances or radiation apparatus and comply with the conditions of the licence.
Employers must ensure that all employees who use radiation apparatus or radioactive substances hold an appropriate licence, or have been issued with an exemption allowing them these uses. If an employee contravenes any provision of the Act or the Regulation, the employer is also considered to have contravened the same provision.
2. Persons who are exempt from licensing requirements
| 2.1 | A medical registrar at a hospital who is training in nuclear medicine, diagnostic radiology, radiation oncology, ophthalmology, dermatology, rheumatology or in a medical discipline which uses fluoroscopy |
| 2.2 | A student in medical radiation technology who is a trainee technologist in nuclear medicine, diagnostic radiology or radiation oncology |
| 2.3 | An undergraduate student in a university or other educational institution who is undertaking course work or research |
| 2.4 | A postgraduate student in a university or other educational institution who is undertaking research or higher studies |
| 2.5 | A registered nurse at a hospital or a medical officer at a hospital who is required to inject radiopharmaceuticals by that hospital (but only if a person who is the holder of a licence and who is able to inject the radiopharmaceuticals is not readily available at the hospital) |
| 2.6 | An assistant to an industrial radiographer |
An exemption does not have effect unless the person holds an approval and complies with the conditions of the approval.
3. Who can grant an approval for an exemption
| 3.1 | Criteria to be able to grant an approval |
| 3.1.1 | A person who holds a licence may be eligible to give approvals to exempt certain persons from requiring a radiation licence. This is allowed only if the condition of their licence allows them to do so. This means that the licensee giving the approval of exemption must have that condition on their licence to be able to grant an approval for the exemption. |
| 3.1.2 | The person granting the approval must be in a position to directly supervise the person seeking an exemption from licensing, or ensure that the person is supervised by another licensee. Appropriate levels of supervision are given in section 5. |
| 3.2 | How to obtain the licence condition to grant approvals |
| 3.2.1 | Obtain a letter from the employer or their delegate (a person in a management position) stating the place of employment and confirming that the nominee(s) satisfy the criteria and send it to the Manager of the Environment Protection Authority (EPA) Hazardous Materials, Chemicals and Radiation section |
| 3.2.2 | Each nominee must complete an Application to Vary Licence Conditions form (parts 1, 2, 3 and 8), requesting the ability to grant approvals for licence exemptions to a nominated class of persons in section 2 (state that class of persons). Nominees' signatures are required to verify agreement to the variation. Completed application forms should be submitted to the EPA's Hazardous Materials, Chemicals and Radiation Section. |
4. When an approval for an exemption is given
| 4.1 | The approval must: |
| 4.1.1 | be in writing |
| 4.1.2 | specify the radioactive substances or radiation apparatus to which it relates |
| 4.1.3 | set out any additional conditions to which it is subject |
| 4.1.4 | identify each person, or class of persons, to whom it relates |
| 4.1.5 | identify the person or persons, or class of persons who are to supervise each person, or class of persons, to whom it relates. For example, radiographers are to supervise student radiographers undertaking clinical experience or use the individuals' names. |
| 4.2 | The person who gives an approval must ensure that a copy of the approval is: |
| 4.2.1 | given to each person to whom it relates, or |
| 4.2.2 | conspicuously displayed at each place in which the radioactive substances or ionising radiation apparatus to which the approval relates are proposed to be used. |
5. Who can supervise persons with exemption approvals
| 5.1 | A person who grants an approval must ensure that each person so approved is supervised by a qualified person as follows: |
| 5.1.1 | a person referred to in 2.1 must be subject to immediate supervision at all times during their first 6 months of training and general supervision after that period |
| 5.1.2 | a person referred to in 2.2 must be subject to immediate supervision at all times while they are using the radioactive substances or radiation apparatus to which the approval relates in clinical situations involving patients, and general supervision at all other times. These supervison requirements apply to students engaged in paid employment. |
| 5.1.3 | a person referred to in 2.3 must be subject to immediate supervision at all times while they are using the radioactive substances or radiation apparatus to which the approval relates in any clinical situation involving patients, and general supervision at all other times |
| 5.1.4 | a person referred in 2.4 or 2.5 must be subject to general supervision at all times |
| 5.1.5 | a person referred to in 2.6 must be subject to immediate supervision at all times. |
| 5.2 | Definitions of supervision |
| 5.2.1 | 'general supervision' means supervision by a qualified person who oversees the person being supervised and ensures that they follow safe radiation work practices in relation to the use of radioactive substances or radiation apparatus |
| 5.2.2 | 'immediate supervision' means supervision by a qualified person who is present at all times during, and is observing and directing, the use by the person being supervised of radioactive substances or radiation apparatus |
| 5.2.3 | 'qualified person', in relation to supervision for a particular radioactive substance or item of radiation apparatus, means a person who is the holder of a licence which allows the person to provide supervision with respect to that substance or item. |
For further information, contact the EPA's, Hazardous Materials, Chemicals and Radiation Section on (02) 9995 5000 or 131 555.
Page last updated: 03 April 2013
