New South Wales Consolidated Regulations

PROTECTION FROM HARMFUL RADIATION REGULATION 2013 - REG 10

10 Exemptions from radiation user licensing requirements for certain persons

(1) The following persons are exempt from the requirement to hold a radiation user licence--

(a) a person who is a medical registrar at a hospital and is training in nuclear medicine, diagnostic radiology, radiation oncology, ophthalmology, dermatology, rheumatology or in a medical discipline that uses fluoroscopy,

(b) a person who is a student in medical radiation technology and is a trainee technologist in nuclear medicine, diagnostic radiology or radiation oncology,

(c) a person who is an assistant to an industrial radiographer,

(d) an undergraduate student in a university or other educational institution who is undertaking course work or research that involves the use of regulated material,

(e) a postgraduate student in a university or other educational institution who is undertaking research or higher studies that involve the use of regulated material,

(f) a person who is a registered nurse at a hospital or a medical officer at a hospital and 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) This exemption does not have effect with respect to a person unless the person--

(a) is the subject of an approval under this clause, and

(b) is complying with the conditions to which the approval is subject, and

(c) is subject to supervision in accordance with this clause.

(3) A person who holds a radiation user licence may give approvals, for the purposes of this clause, for activities authorised by the radiation user licence, but only if the conditions of the licence so allow.

(4) An approval must--

(a) be in writing, and

(b) specify the regulated material to which it relates, and

(c) set out any conditions to which it is subject, and

(d) identify each person, or class of persons, to whom it relates, and

(e) identify the person or persons, or class or classes of persons, who are to supervise each person, or class of persons, to whom it relates.

(5) A person who gives an approval for the purposes of this clause must ensure that a copy of the approval--

(a) is given to each person to whom it relates, or

(b) is conspicuously displayed at each place in which the regulated material to which the approval relates is proposed to be used.

: Maximum penalty--50 penalty units (in the case of a corporation) and 25 penalty units (in any other case).

(6) A person who grants an approval must ensure that each person so approved is supervised by a qualified person as follows--

(a) a person referred to in subclause (1) (a) must be subject to--

(i) immediate supervision at all times during the first 6 months of the person's training, and

(ii) general supervision after that period,

(b) a person referred to in subclause (1) (b) must be subject to--

(i) immediate supervision at all times while the person is using the regulated material to which the approval relates during clinical experience in the course of training, and

(ii) general supervision at all other times,

(c) a person referred to in subclause (1) (c) must be subject to immediate supervision at all times,

(d) a person referred to in subclause (1) (d) must be subject to--

(i) immediate supervision at all times while the person is using the regulated material to which the approval relates in any clinical situation, and

(ii) general supervision at all other times,

(e) a person referred in subclause (1) (e) or (f) must be subject to general supervision at all times.

: Maximum penalty--50 penalty units (in the case of a corporation) and 25 penalty units (in any other case).

(7) In this clause--

"general supervision" means supervision by a qualified person who oversees the person being supervised and ensures that the person follows safe radiation work practices in relation to the use of regulated material.

"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 regulated material.

"qualified person" , in relation to supervision for a particular regulated material, means a person who is the holder of a radiation user licence that allows the person to provide supervision with respect to that regulated material.