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Frequently asked questions

Licensing

Why is licensing and registration required?

The NSW government introduced laws to make provision for the regulation and control of radioactive substances and radiation apparatus. Licensing and registration are the primary regulatory controls established by the Radiation Control Act 1990.  Act: Section 6, 7 & 8

What information do I need to supply when applying for a radiation licence?

You must complete an application form.

I am completing my licence application form and at part 4 I am asked for an occupation code and an employer code. What are these and where can a find an index of codes?

Occupation and employer codes are collected by the Office of Environment and Heritage (OEH) primarily for statistical reasons and are not related to the assessment of your application. Please refer to the index of codes.

I work in a government hospital and am unsure about what employer code to quote at part 4 on my licence application. Do I use the code for my particular hospital or the code for Area Health Service (AHS)?

The hospital code should be used wherever possible and not the AHS employer code, as the latter is much less useful to OEH. Use the AHS employer code only in circumstances where it is not possible to link the licensee’s activities to a particular hospital.

What radiation safety-training course do I need to complete?

Applicants must demonstrate the satisfactory completion of a radiation safety course approved for licensing purposes and applicable to the particular work proposed to be carried out. See licensing criteria for details on current licensing requirements.

What licence does our company need?

A company is required to hold a licence for the sale or possession of radioactive substances or radiation apparatus. Companies (or individuals) applying for this type of licence must do so in the name of a legal entity, that is, the name of the company or individual not a trading name, partnership or a private trust. Companies must provide an Australian Company Number (ACN) or an Australian Registered Body Number (ARBN) if they are overseas corporations. Individuals must provide an Australian Business Number (ABN).  Act: Section 6

Can I get a licence that says I am a radiation safety officer?

OEH does not offer a licence condition for a radiation safety officer (RSO). However, OEH has published a non-mandatory guideline recommendations for radiation safety committees and radiation safety officers for employers who currently employ an RSO or are considering doing so. Regulation: Clause 30

I am a student; can I work without a licence?

Some students, medical registrars, industrial radiography assistants, registered nurses and medical officers are exempt from the licensing requirements of the Act. However the exemption only has effect when the person is the subject of an approval under clause 8 of the Regulation. For more information see licensing exemption and supervision requirements. Act: Section 6. Regulation: Clause 8

What happens if I work without a licence?

If you work without a licence you are in breach of the Act and may be the subject of enforcement action. Furthermore if an employee contravenes any provision of the Act or Regulation, the employer is to be taken to have contravened the same provision. Enforcement action may include court prosecution, penalty notices, and a notice to take action. Act: Section 22, S25, S25A. See also S23, S24, S26, S27, S28. Regulation: Clause 34, cl35. See also schedule 4.

I hold a licence issued by another Australian state; can I work with radiation apparatus or radioactive substances within NSW?

You must obtain a licence issued by OEH before commencing work in NSW. Special provisions are made for a person who holds a current licence issued by another Australian state or territory, or New Zealand, to obtain a licence according to mutual recognition provisions.

How long will it take for my licence application to be assessed?

Assuming that you have correctly completed a licence application and furnished any supporting material required, allow about 7 days to receive your licence. However, incomplete, complex or unique applications or any item that may need to be assessed by the Minister's Radiation Advisory Council can take longer. If you have not received your licence in 14 days please contact OEH to discuss your circumstances.

My licence expired very recently; can I pay my renewal?

Contact OEH and have your renewal form and credit card ready. Failure to renew on time could mean that you need to make a new application for a licence and pay a higher fee.

I am a dentist and use an orthopantomogram (OPG) occasionally. Do I need a licence?

Yes. Any dentist who uses an OPG, even occasionally, must hold a licence.

Students

As a dentist do I require a licence to supervise a dental student?

No, you do not need a radiation licence to supervise a dental student registered under the Dental Practice Act 2001 who is using extra-oral x-ray apparatus used with intra oral image receptors. Clause 8A

A radiation licence however is required if you are supervising a dental student who is operating an orthopantomogram (OPG) or dental CT.

Can I supervise students in the work place?

You must be a qualified person, that is, a licensee whose licence includes the (G1) condition to provide supervision of exempt persons. Regulation: Clause 8

Employees

Can I work with radiation apparatus or radioactive substances after making an application for a licence?

No. You must wait until a licence is issued to you.

I use a baggage-scanning machine; do I need a licence to do this?

You are exempt from licensing. Regulation: Schedule 3 (part 3)

I am a remote operator with a restricted licence to use radiation apparatus for diagnostic radiography. When can I use x-ray machines?

Use of radiation apparatus is limited to occasions when a diagnostic radiographer who is licensed under the Act is unavailable. For more information read the condition of your licence.

Registration

Do I need to register my gauge used for soil moisture and density determinations?

Yes a gauge of this kind must be registered as a Sealed Source Device (SSD).  Act: Section 7

Do I need a new Certificate of Compliance after moving my mobile x-ray apparatus?

No. See your registration conditions on the certificate of registration.

I have purchased a second x-ray machine that was already registered. Can I transfer the registration?

Yes. You will need to complete a transfer form diatransfer.pdf (56 Kb). For further information see registration of diagnostic imaging radiation apparatus. 

I use a 37 MBq Sr-90 check source; does this need to be registered?

The Regulation provides exemption from registration for radioactive substances used as laboratory reference sources and having an activity of less than 40 MBq. Regulation: Schedule 3B

I use a gas chromatograph; do I need to register this?

The Regulation provides exemption from registration for gas chromatography detectors. Exemptions from licensing also apply in this case. Regulation: Schedule 3A. See also schedule 3.

Under what circumstances do I need to register the premises?

From 1 July 2004 premises on which a radioactive substance that is not contained in a sealed source device is kept or used, must be registered. It is the responsibility of the occupier to ensure that the premises are registered. Act: Section 8

Do I need to register a Sr-90 ophthalmic applicator?

Yes. These are required to be registered as a Sealed Source Device. Act: Section 7

What happens if an apparatus, device or premises are not registered?

The owner (or occupier in the case of premises) is in breach of the Act and may be the subject of enforcement action. This may include court prosecution, penalty notice(s), notice to take action. Act: Section 25, S25A. See also S23, S24, S26, S27, S28. Regulation: Clause 34, cl35. See also schedule 4.

Shielding

What requirements do I need to satisfy for shielding my dental x-ray apparatus?

You must ensure that occupationally exposed persons and members of the public (excluding the patient receiving the treatment) are not exposed to ionising radiation that exceeds the dose limits established in schedule 2 of the Regulation. Regulation: Schedule 2

Who can perform a shielding assessment or make shielding assessments?

Specifications for radiation of protective barriers and the design details of rooms used for ionising radiation apparatus should be determined and documented by an appropriately qualified person before building work starts.

What thickness of lead is required for a chiropractor's x-ray room?

You must ensure that occupationally exposed persons and members of the public (excluding the patient receiving the treatment) are not exposed to ionising radiation that exceeds the dose limits established in schedule 2 of the Regulation. Also specifications for radiation of protective barriers and the design details of rooms used for ionising radiation apparatus should be determined and documented by an appropriately qualified person before building work starts. Regulation: Schedule 2

For further information see radiation shielding design assessment and verification requirements.

Personal Monitoring Devices (TLDs)

I work in a scientific laboratory; should I be issued with a personal monitoring device?

Yes. If you are engaged in scientific research in a laboratory classified as medium or high level laboratories (within the meaning of Part 4 of AS 2243.4–1998, Safety in laboratories—Ionizing radiations, published by Standards Australia, as in force from time to time) where radioactive substances not contained in a sealed source device are used. However if the laboratory is classified as low then a personal monitoring device is discretionary. Regulation: Clause 17. See also cl18

Compliance Inspections and Audits

What will happen at an inspection?

An Authorised Officer will assess compliance will the broad statutory requirements of the Act and Regulation including all conditions attached to statutory instruments. Authorised officers have powers to require information and records, powers of entry and search, powers to question and identify persons and powers with respect to certain things such as vehicles. Act: Section 15. See also Protection of the Environment Operations Act 1997, chapter 7.

Transport

Do I need a dangerous goods drivers licence to transport radioactive substances?

You must comply with the Code of Practice for the Safe Transport of Radioactive Material (2001). Regulation: Clause 25. Further information can be obtained from the Australian Radiation Protection and Nuclear Safety Agency website at  www.arpansa.gov.au. Note: that under the current dangerous goods transport legislation licences are no longer required for transport of radioactive substances.

What placards are required for my vehicles transporting radioactive substances?

Generally utilities and station wagons require placards on each side of the vehicle and the rear. Requirements differ for heavy vehicles. For more information see the Code of Practice for the Safe Transport of Radioactive Material (2008) http://www.arpansa.gov.au/pubs/rps/rps2_2008.pdf.

General

How do I change my address for mailing purposes?

You can make changes by selecting radiation transactions from the index on the radiation website. The primary contact for a company licence can make similar changes to that company's details, such as a change of postal address.

How can I dispose of domestic smoke detectors?

Domestic ionisation smoke detectors that contain 37 kBq Am-241 are not regulated by OEH. Consumers may dispose of small quantities of smoke detectors in their domestic rubbish. More information is available from http://www.arpansa.gov.au/Publications/RHC/rhc_stat.cfm.

How can I dispose of an x-ray machine?

The apparatus must be rendered permanently inoperable and the x-ray tube should be destroyed.

What are the requirements for disposal of radioactive substances?

You must not dispose of any radioactive substance except on the written consent of OEH. OEH will issue an approval to dispose of the sealed radioactive source(s) whereby the owner must comply with the conditions of the approval.  Regulation: Clause 23

How do I dispose of waste generated by the x-ray film processing?

Regulation of this is not within the scope of the Act or Regulation.

Are power lines and phone towers dangerous to my health?

OEH does not comment or advise on health issues. For more information contact the Australian Radiation Protection and Nuclear Safety Agency at their website http://www.arpansa.gov.au/science/index.cfm.

I am a pregnant woman and have concerns about passing through security scanning equipment at the airport. What are the health risks?

OEH does not comment or advise on health issues.

Is it safe to live near a mobile telephone tower/high tension power lines?

OEH does not comment or advise on health issues. You can obtain more information from http://www.arpansa.gov.au/science/index.cfm.

Does my mobile telephone cause dangerous radiation?

OEH does not comment or advise on health issues. You can obtain more information from http://www.arpansa.gov.au/science/index.cfm.

Our microwave seems to be malfunctioning; is it safe for our children?

OEH does not comment or advise on health issues. Do not use a microwave that is malfunctioning or that has damage to the door shielding.

I have seen advertisements for whole body scanning. Are these scans safe?

There are significant risks that outweigh the benefits associated with the whole body scanning of otherwise healthy people. After considering the available information, the Environment Protection Authority (EPA) and the Radiation Advisory Council (an expert body established to advise the EPA) are of the view that the procedure is inappropriate for general diagnosis of healthy individuals. The EPA is taking strong steps to ensure that people who choose to go ahead with a whole body scan are made fully aware of the risks involved. See OEH and RAC deliberations on whole body scanning.

Radiation Safety Signs

What safety signs are required around my workplace?

Any premises in or on which any radiation apparatus or radioactive substance is kept must ensure that a warning sign in or to the effect of the form set out in Schedule 5 of the Act (with colouring as indicated in the note to that Schedule) is conspicuously displayed in the immediate vicinity of the apparatus or substance. Regulation: Clause 36. See also schedule 5.