Changes to Radiation Control Regulation 2003
1. Introduction
The Radiation Control Regulation 2003 (the Regulation) is made under the Radiation Control Act 1990 (the Act). The Act provides for the licensing of persons to use certain radioactive substances and apparatus. It also provides for the registration of owners of sealed source devices and radiation apparatus as well as registration of occupiers of premises on which an unsealed radioactive substance is kept.
The Regulation requires the monitoring of radiation doses received by a person in the course of their employment. It prescribes the activities that can only be carried out by an accredited radiation expert. It also lists exemptions from licensing and registration requirements for certain persons, radioactive substances and radiation apparatus, and sealed source devices.
2. Amendments to the Radiation Control Regulation 2003
The following amendments were introduced on 7 September 2007 by the Radiation Control Amendment (Miscellaneous Amendments) Regulation 2007:
2. 1. Registered dental professionals (dentists, therapists and hygienists) have been exempted from the requirement for a licence to use dental x-ray apparatus for inter-oral radiography.
2. 2. The Minister is empowered to exempt, in an emergency situation, apparatus, persons and classes of persons from compliance with licensing and registration requirements.
2. 3. An option is available for the granting of a renewal of a licence under the Act for a three-year period, in addition to the current one year licence.
2. 4. A number of minor amendments have been introduced.
3. Licensing exemption for registered dental professionals
3. 1. Dental professionals are exempt from the need of radiation licensing for the diagnostic use of extra-oral x-ray apparatus used with intra oral image receptors.
3. 2. The exemption from licensing of dental professionals is contingent on certain conditions being met. These are:
- registration with the Dental Board of NSW
- working in accordance with the current Code of Practice and Safety Guide, Radiation Protection in Dentistry (RPS 10), Australian Radiation Protection and Nuclear Safety Agency, 2005.
3. 3. A dental professional exempted from licensing who is found to be in breach or non-compliance with the Code will be held to have breached the Act which carries with it a prescribed penalty. All other elements of the Act and Regulation apply to these individuals.
4. Licensing and registration exemption for radiation professionals and equipment, in an emergency
In an emergency, the amendment exempts radiation professionals, and their apparatus, who are from other jurisdictions from licence and registration requirements in NSW. This exemption will be granted by the Minister, will be gazetted and can only be granted for a period exceeding 60 days after the Minister has sought and taken into consideration the advice of the Radiation Advisory Council about the proposed exemption.
5. Extending the length of licences
The amendment to the Regulation provides the option of granting a three-year licence. One-year licences are still available and their price will remain unchanged. The application fee for a new three-year licence is $226, and $176 for a three-year renewal of an existing licence.
6. Minor amendments
6.1 Employers to supply personal monitoring devices
The amendment clarifies that it is the employer's obligation to supply a Personal Monitoring Device (PMD) to specified occupationally exposed employees.
6.2 Service and maintenance personnel to wear personal monitoring devices
The amendment adds servicing and maintenance personnel to the categories of persons who must be provided with, and wear, a PMD.
6.3 'Effective dose'
The amendment replaces 'dose' with the term 'effective dose', to provide greater consistency with the rest of the radiation legislation and to standardise the Regulation.
6.4 Exemption of portable cabinet x-ray apparatus from licensing to use
The amendment removes the words 'installed in a fixed position' from Schedule 3 Part 3, Item 2 of the Regulation.
6.5 Exemption of devices containing laboratory reference sources with low radioactivity, from registration
The amendment exempts devices containing a sealed radioactive source used only as a laboratory reference source, and with activity less than 40 megabecquerels (MBq), from registration.
6.6 Exemption of all self-shielded irradiators from licensing to use
The amendment extends the exemption from licensing for the use of self-shielded irradiators.
6.7 Exemption of radioactive substances used as static eliminators, from licences for possession, use, sale, and premises registration
The amendment exempts from licensing and registration, the use and possession of radioactive substances used as static eliminators with a level of activity of less then 40MBq.
6.8 Exemption of fixed position X-ray apparatus for radiation gauging, from licensing
The amendment exempts from licensing requirements, the use of fixed position x-ray apparatus used for radiation gauging.