AGY-2016 | Radiation Advisory Council

Full description

The Radiation Advisory Council was established under section 29 of the Radiation Control Act, 1990 (Act No. 13, 1990). (1)

The Council consisted of 14 members including
(a) The Director General or a staff member of the State Pollution Control Commission (1990-1992) Environment Protection Authority (1992- ) who is the Chair of the Council.
(b) a medical practitioner who specialises in Radiology
(c) a radiographer with expertise in the field of human diagnostic radiography
(d) a person with expertise in the industrial uses of radiation
(e) a person with expertise in health physics
(f) a medical practitioner who specialises in nuclear medicine
(g) a person with expertise in non-iodising radiation
(h) a person with expertise in occupational health and safety
(i) a legal practitioner of at least 7 years’ standing
(j) a representative of community interests
(k) an officer of the Department of Health
(l) a radiophysicist
(m) a medical physicist and a person chosen by the Minister. (1) The members of Council served for a maximum term of three years and were eligible for re-appointment. (2)

The Council assisted in achieving the objects of securing secure the protection of persons and the environment from exposure to ionising radiation to the maximum extent that is reasonably practicable. (3)

A major role of the Council was in giving advice about the fitness and knowledge of applicants for licenses to use, sell or give away radioactive substances or apparatus; and to determine any conditions to be imposed on a licenses. (4) The Council also advised on the registration of sealed radioactive sources or radiation apparatus provided that it complied with all necessary regulations (5) and accredited persons to work as 'radiation experts'. (6) The Council was required to confirm notices of breaking license conditions or causing exposure to radiation. (7)

The role of the Council included providing advice to the Minister on:

(a) proposed amendments to this Act and the making, amendment or repeal of regulations under this Act; and (b) the administration of this Act and the regulations; and (c) measures to prevent or minimise the dangers arising from radiation;
(d) any such advice may be given either at the request of the Minister or without such request. (8)

The Council was entitled to appoint Committees to assist it with the performance of its functions. (9) The Council was required to report annually to the Minister as soon as practicable after 30 June, and the report was to be tabled in both houses of Parliament. (10)

The members of the Council were free from liability, claims or demands for their actions if carried out in good faith for the purposes of executing the Radiation Control Act, 1990. (11)

The sections of the Radiation Control Act, 1990 which established the Council and its major functions was proclaimed to commence on 7 November, 1990 (12) Transitional arrangements were proclaimed on 14 December, 1990 to allow the Radiation Advisory Council to perform the functions of the Radiological Advisory Council until all relevant sections of the Act were proclaimed. (13) The Council drafted regulations to replace those under the Radioactive Substances Act, 1957. These included non-ionising sources of radiation (including lasers, microwaves and radio frequency) in addition to ionising radiation (such as x-rays) and the registration of equipment and relevant laboratories. (14) The remainder of the Act (except section 8) commenced on 1 September 1993 (15) and the first regulations were published on 27 August 1993. (16)

In the year ended 30 June 1995 9391 licenses to use radioactive substances and apparatus were issued and five radiation experts accredited to undertake testing of fixed radiation gauges. (17)

By 30 June 1998 the Council had established five main committees - Medical Radiation Committee; Health Physics Committee; Non-Ionising Radiation Committee; Radiation Safety Officer Committee and Course Assessment Committee. (18) Guidelines for the registration of sealed radioactive sources, some radiation apparatus, and laboratories in which unsealed radioactive sources are retained or used were still in the course of preparation by the Council in 1998. (19) The early years of the Council had seen its involvement in the preparation of regulations. The Council saw its permanent role as an advisory, strategic and policy determining one. (20)

From 4 April 2011 when the Department of Environment, Climate Change and Water was abolished the Radiation Advisory Council became a branch of the Principal Department, the Department of Premier and Cabinet. (21)

At 2024 the Radiation Advisory Council consisted of a minimum of 12 members appointed by the Chief Executive Officer of the Environment Protection Authority. The council's functions included advising the EPA on: the administration of the Act and Regulation; licensing and accreditations under the Act; measures to prevent or minimise the dangers arising from radiation; and other functions as are conferred or imposed on it by or under the Act. The Environment Protection Authority provided administrative support to the council. (22)

Endnotes
1. Radiation Control Act, 1990 (Act No.13, 1990) s. 29.
2. Ibid. Schedule 1 'Provisions relating to members and procedure of Council'.
3. Ibid. s. 3.
4. Ibid. s. 6.
5. Ibid. s. 7.
6. Ibid. s. 9.
7. Ibid. s. 18.
8. Ibid. s. 30.
9 Ibid. s. 31.
10. Ibid s. 33.
11. Ibid. s. 39a.
12. NSW Government Gazette, 2 November 1990, p.9616.
13. NSW Government Gazette, 14 December 1990, p.10963.
14. Report of the State Pollution Control Commission for the period 1 July, 1991 - 29 February, 1992 and the Environment Protection Authority for the period 1 March - 30 June, 1992, p.30.
15. NSW Government Gazette, 27 August 1993, p.4867.
16. NSW Government Gazette, 27 August 1993, pp.5006-5022.
17. Report of the Environment Protection Authority for the year ended 30 June 1995, p.52.
18. Report of the Radiation Advisory Council for the year ended 30 June 1998, p.4.
19. Ibid. p.9.
20. Ibid. p.15.
21. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 7; notified on NSW Legislation website, 3 April 2011.
22. Managing Radiation in New South Wales webpage, Environment Protection Authority website, https://www.epa.nsw.gov.au/your-environment/radiation/managing-radiation-nsw#:~:text=The%20Radiation%20Advisory%20Council%20is,and%20accreditations%20under%20the%20Act (accessed 8 March 2024).