(Brought in by Mr Roper and Mr Fordham)

LEGISLATIVE ASSEMBLY Read 1 0 8 December 1982 (Brought in by Mr Roper and Mr Fordham) A BILL To regulate the keeping and use of radio-active substances and ionizing and non-ionizing radiation apparatus, to provide for protection against the harmful effects of radiation, to establish a Radiation Advisory Committee, a Radiographers Registration Board, to amend the Health Act 1958 the Nuclear Activities (Prohibitions) Act 1982 and for other purposes. BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to 5 say): 1. (1) This Act may be cited as the Health (Radiation Safety) Short title. Act 1982. (2) In this Act the Health Act 1958 is called the Principal Act. ~~~C~~~~.Act Reprinted to No. 9719. Subsequently amended by Nos. 9720, 9737 and 9782. (3) The several provisions of this Act shall come into operation Commence- 10 on a day or the respective days to be fixed by proclamation or ment. successive proclamations of the Governor in Council published in the Government Gazette. 7-[206]-1200 /14.12.1982-57086 /82 (921) 2. In

2 1982 Health (Radiation Safety) ----------.--------~ No. Amendment of No. 6270 s. 1. 2. In the Table in section 1 of the Principal Act, under Part V., after the heading- "Division 2.-Dangerous Trades, Dangerous Substances, &c. ss. 106-108." there shall be inserted the following: "Division 2AA.-Radiation Safety ss. 108AA-108AL.". 5 Amendment of No. 6270 s. 106. "Dangerous substance", "Irradiating apparatus", "Radiatton" or "Ionizing radiation" and "RadiatJOfl hazard." 3. In section 1 06 of the Principal Act the interpretations of "Dangerous substance", "Irradiating apparatus", "Radiation" or "Ionizing radiation" and "Radiation hazard" shall be repealed. ~~e6~70ent of 4. (1) Section 108 (1) of the Principal Act shall be amended as s. 108. follows: 10 Savings. (a) In paragraphs (ea), (eb), (eg) and (eh) the words "or irradiating apparatus" (wherever occurring) shall be repealed; (b) In paragraphs (eb) and (ee) the words "or apparatus" (wherever occurring) shall be repealed; 15 (c) In paragraph (ec) the words "to a radiation hazard or" and the words "hazard or" shall be repealed; (d) In paragraph (ed) the words "to a radiation hazard or" shall be repealed. (2) Any regulation made under any power to make regulations 20 which has been repealed by sub-section (1) shall, until revoked by regulations made under section 108A] of the Principal Act, continue to have the same operation and effect as though it had been made under that section. Amendment of No. 6270. New Division 2AA. ss. 108AA to 108AL. 5. After section 108 of the Principal Act there shall be inserted 25 the following heading and Division: 'DIVISION 2AA.-RADIATION SAFETY 108AA. (1) Subject to sub-section (2) this Division shall bind the Crown in right of the State of Victoria and, so far as the legislative power of the Parliament permits, shall also bind the Crown in all 30 its other capacities. (2) Sub-section (1) shall not apply to a specially authorized officer who operates uses manufactures stores handles transports sells possesses installs services maintains or repairs or otherwise deals with any radio-active substance or radiation apparatus in the 35 exercise or performance of any power function or duty conferred or imposed on him by or under this Act. 108AB. In

1982 Health (Radiation Safety) No. 3 5 108AB. In this Division unless inconsistent with the context or subject-matter- "Ionizing radiation" means electromagnetic or particulate radiation capable of producing ions directly or indirectly in passage through matter but does not include electromagnetic radiation of a wavelength greater than 100 nanometres; "Ionizing radiation." "Ionizing radiation apparatus" means apparatus capable of "Jo!,izing producing ionizing radiation when electrically energized ~~~::~~~s." 1 0 and sealed source apparatus; 15 20 25 30 35 40 45 "Non-ionizing radiation" means electromagnetic radiation of a wavelength greater than 100 nanometres and sonic infrasonic or ultra sonic waves; "Non-ionizing radiation apparatus" means apparatus capable of producing non-ionizing radiation but not ionizing radiation exceeding a prescribed amount; "Owner" in relation to an apparatus or thing that has been let out on hire means the person who takes it on hire; "Radiation apparatus" means any ionizing or non-ionizing radiation apparatus; "Radiation hazard" means the danger to health arising from exposure to radiation whether such danger is due to radiation arising from sources outside the human body or to radiation from radio-active substances within the body; "Radio-active substance" means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour and includes any article or compound whether it has or has not been subject to any artificial treatment or process which emits ioniz~ng radiation spontaneously; "Registered owner" means a person in whose name any radiation apparatus or sealed radio-active source is registered under section 108AE; "Registered premises" means premises registered under this Division; "Sealed radio-active source" means a radio-active substance bonded within metals or other solid substance or sealed in a capsule or other container in such a way as to- (a) minimize the possibility of escape or dispersion of radio-active substance; and (b) allow the emission of ionizing radiation as required; "Sealed source apparatus" means any gauge, instrument, equipment or other device in which is incorporated a sealed radio-active source but does not include a container used solely for storage or transport purposes; "Specially "Non-IOnizing radiation.', "Non-ionizing radiation apparatus." "Owner." HRadiation apparatus." "Radiation hazard." "Radio acttve substance." "Registered owner." "Registered premises." "Sealed radio-active source.' "'Sealed source apparatus."

4 1982 Health (Radiation Safety) No. ----------------------~- "Specially authorized officer." "Unsealed radio-active source," RadiatIOn apparatus to be registered. Sealed radio-active sources to be registered. Registration of radiation apparatus and sealed sources. "Specially authorized officer" means an authorized officer specially authorized by the Commission for the purposes of this Division; "Unsealed radio-active source" means a radio-active substance that is not a sealed radio-active source. 5 I08AC. A person shall not use-- (a) an ionizing radiation apparatus; or (b) a non-ionizing radiation apparatus of a prescribed class- unless the apparatus is registered under this Act. I08AD. A person shall not possess use or handle a sealed 10 radio-active source unless the source is registered under ihis Act. 108AE. (1) The owner of any-- (a) ionizing radiation apparatus; (b) non-ionizing radiation apparatus of a prescribed class; or (c) sealed radio-active source- 15 shall register that apparatus or source with the Commission. (2) The Commission may register the apparatus or source and impose conditions on the registration. (3) A registration under this section shall be subject to the conditions that the registered owner- 20 (a) unless exempted by the Commission, has appointed a Radiation Safety Officer approved by the Commission to supervise all radiation safety practices in respect of the registered apparatus or source; (b) keeps or causes to be kept the prescribed records in 25 respect of the registered apparatus or source and makes those records available at the request of the Commission or an officer of the Commission; (c) has the registered apparatus or equipment incorporating a radio-active source tested by a specially authorized 30 officer or a person licensed to do so at such times or intervals as the Commission from time to time directs; and (d) displays a certificate on or near the apparatus or source to which it relates signed by a specially authorized officer or a person licenced to test radiation apparatus 35 that the apparatus or source has been tested as directed by the Commission and complies with the regulations. (4) The Commission shall not register any radiation apparatus or sealed radio-active source unless it is satisfied that- (a) in the case of apparatus, it is constructed shielded and 40 installed in accordance with the regulations; (b) in the case of a source, it is constructed sealed contained and its exposure controlled in accordance with the regulations; and (c) the

1982 Health (Radiation Safety) No. 5 (c) the proposed use is an appropriate use of a radio-active substance or radiation apparatus. (5) The Commission shall not register any radiation apparatus or sealed radio-active source to be used for the diagnosis or therapy 5 of human beings if it considers that the registration- (a) is not consistent with the proper regulation and supervision of radiation hazards in Victoria; (b) is likely to result in excessive or unnecessary radiation exposure of human beings undergoing diagnosis or 10 therapy; or (c) would result in more than adequate diagnostic or therapeutic facilities of the type proposed to be registered becoming available having regard to the place where it is proposed to be used. 15 (6) A registration under this section shall, unless sooner cancelled or suspended by the Commission, continue in force for such period as is specified by the Commission in respect of that registration. 108AF. (1) A person shall not operate use manufacture store transport sell possess install service maintain repair or otherwise 20 deal with any ionizing radiation apparatus, non-ionizing radiation apparatus of a prescribed class or radio-active substance unless he does so under, and in accordance with any conditions imposed in relation to, a licence or exemption under this Act. (2) The Commission may issue a licence, whether subject to 25 conditions restrictions or limitations or not, to do any of the things mentioned in sub-section (1). (3) Without limiting the generality of sub-section (2) the Commission may make conditions with respect to any matters relating to radiation safety including- 30 (a) the purpose for which a licence may be issued; (b) the safety precautions and procedures to be taken or followed by the person holding the licence; (c) the supervision of the licence holder by a Radiation Safety Officer appointed in respect of the registration 35 of the apparatus or source; (d) in the case of an unsealed radio-active source- (i) the appointment of a Radiation Safety Officer; (ii) appropriate methods of disposal. (4) The Commission may, in the case of a licence to operate or 40 use radiation apparatus or radio-active substances in the diagnosis or therapy of human beings, issue a licence which restricts the range or type of procedures which may be performed under the licence according to the training qualifications or experience of the applicant. (5) A licence Licences for radiation apparatus and radio-active substances.

6 1982 Health (Radiation Safety) No. ------------------~--------~~---------------- SuspensIOn or cancellation of licence or registration. (5) A licence to operate or use radiation apparatus in the diagnosis treatment or therapy of human beings shall- (a) in the case of a licence issued to a person registered under the Dentists Act 1972 restrict the licence holder to performing radiography of the dento-maxilla facial 5 region; and (b) in the case of a licence issued to a person registered under the Chiropractors and Osteopaths Act 1978 restrict the licence holder to perform radiography of the vertebral column- 10 unless the Commission is satisfied that the applicant for the licence has the qualifications training or experience to be issued a licence which is not restricted in accordance with paragraph (a) or (b). (6) A licence issued under this section shall, unless sooner cancelled or suspended by the Commission, continue in force for 15 one year from the date of its issue. 108AG. (1) Subject to this section, the Commission may vary suspend or cancel a licence or the registration of an apparatus or source if it is satisfied- (a) that the licence or registration was obtained improperly; 20 (b) that the holder of the licence or registered owner has contravened, or failed to comply with, a condition of the licence or registration; (c) that the holder of the licence or registered owner has been convicted of an offence against this Division; 25 (d) that, in the case of a licence, the holder of the licence has ceased to hold a qualification upon the basis of which the Commission granted the licence; or (e) that, in the case of a registered apparatus or source- (i) it does not comply with the regulations; or 30 (ii) there is no certificate required under section 108AE currently in force in respect of the apparatus or source. (2) Subject to sub-section (3) the Commission shall not cancel or suspend a licence or registration under sub-section (1) unless- 35 (a) it has sent to the holder of the licence or the registered owner by post, notice in writing of the intention to cancel or suspend that licence or registration and the grounds upon which the intention is based; and (b) it has held an inquiry into the matter and afforded the 40 person a reasonable opportunity to give an explanation personally or in writing. (3) The

1982 Health (Radiation Safety) No. ~~~~~~----~ 7 (3) The Commission may, where it is satisfied that there is a significant risk to health suspend a licence or registration for a period not exceeding one week without complying with the provisions of sub-section (2). 5 (4) A licence or registratioll- (a) cancelled under this section shall cease to be of any force or effect; or (b) suspended under this section shall be of no force or effect for the period of the suspension 10 15 20 108AH. (1) A person who feels aggrieved by a decision of the Appeals. Commission cancelling or suspending his licence or registration under this Division may appeal to a judge of the County Court within three months after receiving notification of the cancellation or suspension. (2) A judge to whom an appeal is nn(1~ under this section shall entertain, inquire into and decide upon the appeal and for that purpose may do all such matters and things related to the appeal and in the same manner and to the same extent as he is empowered to do in the exercise of his ordinary jurisdiction and!his decision shall be final and conclusive. 108AI. Any person who contravenes or fails to comply with any 0Ifences. provision of this Division or of any condition restriction or limitation of any licence registration or exemption under this Division shall be guilty of an offence and liable to a penalty of not more than $5000. 25 108AJ. (1) The Governor in Council may make regulations for ltogulations. or with respect to- Ca) prescribing conditions either generally or in a particular case or class of cases, under which a licence or registration may be issued made renewed or varied or remain in 30 force; (b) inspecting any place or premises keeping or suspected of keeping any radiation apparatus or radio-active substance, testing any apparatus or substance found in that place and removing any substance for analysis and 35 examination; Cc) authorizing the Commission to direct that any person or class of persons who in the opinion of the Commission is or is likely to be exposed to a radiation hazard or to a radio-active substance in the course of employment 40 shall, prior to commencing employment, at any time or times or at such intervals of time during employment as required by the Commission and on termination of employment,

8 1982 Health (Radiation Safety) ------------------~ No. employment, be medically examined to determine the extent, if any, of the exposure to such hazard or substance; (d) authorizing the Commission to determine the type and frequency of medical examinations to be held in examining 5 persons exposed to or likely to be exposed to a radiation hazard or to a radio-active substance and to keep records of the results of such examinations; (e) authorizing the Commission to exempt from any or all of the provisions of this Division or any regulations 10 made under this Division any radio-active substance or radiation apparatus which it considers to be without significant hazard and to require the labelling of any substance or apparatus to indicate such exemption; Cl) authorizing the Commission to exempt from medical 15 examination any person or class of persons who may otherwise be required pursuant to this Division or any regulations made under this Division to undergo such examination; (g) imposing a penalty of not more than $5000 for the 20 contravention of or failure to comply with the provisions of any regulation made pursuant to the provisions of this Division relating to any radio-active substance or radiation apparatus; (h) generally safeguarding the public or any section of the 25 public from any effects caused by or relating to any radio-active substance or apparatus; ( i) requiring the registration of premises in which any radiation apparatus or radio-active source is used handled or stored; 30 (j) the cleanliness of registered premises; (k) requiring special facilities equipment and radiation safety precautions in respect of registered premises; ( I) minimum standards in respect of structure, floor area and ventiliation of registered premises; 35 (m) the inspection of registered premises; (n) generally, safeguarding the health of customers patients and persons employed in registered premises; (0) exempting a person from the requirement to have a licence to sell radiation apparatus or radio-active sources 40 in any case where that person is not selling or disposing of the apparatus or source in the course of trade or business and notifies the Commission of the sale or disposal; (p) providing

1982 Health (Radiation Safety) ------------------~ No. 9 (p) providing for the issue of licences which may be general or limited in application according to the training qualifications or experience of the applicant; (q) requiring records to be kept by licence holders or 5 registered owners; (r) prescribing the forms or nature of and the manner in which records are to be kept by licence holders or registered owners; (s) prescribing fees for the purposes of this Division; 10 (I) requmng periodic safety assessments of radiation apparatus or equipment containing radio-active sources to be made; (u) any matters required or permitted by this Division to be prescribed; and 15 (v) generally, any matters or things necessary or expedient to be prescribed for carrying out or giving effect to this Division. (2) Regulations made under sub-section (1) may refer to, or incorporate, in whole or in part, and with or without specified 20 modifications, a code of practice or standards, as in force at a particular time, being a code of practice or standards made under the Environment Protection (Nuclear Codes) Act 1978 of the Commonwealth or by the Standards Association of Australia, the National Health and Medical Research Council, or any other 25 prescribed body.'. 6. Before section 108A of the Principal Act there shall be inserted the following: "108AK. (1) There shall be a Radiation Advisory Committee appointed by the Minister consisting of not less than five persons. 30 (2) A member shall hold office for such period not exceeding three years as is specified in the instrument of his appointment but shall be eligible for reappointment. (3) The Minister may at any time remove an appointed member from office. 35 (4) Subject to this Act the Committee may regulate its own proceedings. (5) Members of the Committee and persons co-opted under sub-section (7) shall be entitled to receive such fees and allowances as are prescribed. 57086/82-2 (6) The Amendment of No. 6270. New s. 108AK-AL.

10 1982 Health (Radiation Safety) ----------------~~ No. Radiographers Registration Board. (6) The Committee shall advise the Minister or the Commission on any matters relating to the administration of this Division referred to it by the Minister or the Commission including the following; (a) The promotion of radiation safety procedures and 5 practices; (b) Recommending the licensing of persons and the qualifications, training or experience required for licensing under this Division; (c) Recommending the registration of radiation apparatus 10 and radio-active substances under this Division; (d) Recommending the nature, extent and frequency of periodic safety assessments of apparatus and sealed radio-active sources registered under this Division; (e) Codes of practice with respect to particular sources and 15 uses of ionizing and non-ionizing radiations; and (f) Any matter which the Minister agrees the Committee should consider and report on. (7) The Committee may, with the consent of the Minister, co-opt a person to assist with the work of the Committee or a 20 sub-committee. (8) Where a sub-committee or Committee is considering any matters with respect to the tra~ning, qualifications or suitability of an applicant for a licence or registration under this Act the Committee or sub-committee shah consist of at least three members 25 including a person with qualifications or experience relevant to the subject matter of the licence or registration under consideration. (9) In carrying out its functions under this Division the Committee may consult with or consider submissions from any persons or body. 30 (10) Not later than the first day of November in each year the Committee shall make a report to the Minister on its activities during the year. (11) The Minister shall cause every report under sub-section (10) to be laid before each House of Parliament as soon as practicable 35 after it is received. 108AL. (1) There shall be a Board called the Radiographers Registration Board of Victoria. (2) The Board shall consist of not more than five members appointed by the Governor in Council of whom-- 40 (a) one shall have such training and experience III radiography as is approved by the Commission; (b) one shall be a medical practitioner; and (c) one shall be nominated by the Commission. (3) The

1982 Health (Radiation Safety) No. 11 (3) The Governor in Council may make regulations for or with respect to- (a) the training examination and registration of radiographers; 5 (b) the functions of the Radiographers Registration Board; (c) prescribing fees and allowances to be paid to members of the Radiographers Registration Board; (d) the registration of radiographers and the keeping of a register: 10 (e) regulating the proceedings of the Board; (f) the cancellation or suspension of registration; (g) fees for the purposes of this section; and (h) appeals against the cancellation or suspension of registration.". 15 7. In section 9 (1) of the Nuclear Activities (Prohibitions) Act Amendmentof 1982, for paragraphs (g) and (h) there shall be substituted the ~:tl~~fe. following' (Prohibition) Act 1982. "(g) he is licensed to do so under section 108AF of the Health Act 1958; 20 (h) he is not required to hold a licence under section 108AF of the Health Act 1958 in respect of that material because it has been exempted by the Health Commission from the provisions of that section;". By Authority F D Atkinson Government Printer Melbourne