AGY-2017 | Radiological Advisory Council

Full description

The Radiological Advisory Council was established by the Radioactive substances act, 1957 (Act No 5, 1957) The Council consisted of six members (a) the Director General of Health or his nominee who filled the role of Chairman and (b) five members appointed by the Minister after consultation with 'persons, authorities, organizations and associations as the Minister thinks fit' (1) the appointed members served for a period of three years and were eligible for re-appointment

The functions of the Council were to initiate and refer to the Minister:
(a) recommendations for making, altering or repealing any regulation
(b) recommendations relating to the administration of the Radioactive Substances Act, 1957
(c) recommendations for preventing or minimising the dangers arising from radioactive substances and irradiating apparatus

The Minister could request advice from the Council relating to
(a) any proposal for making, altering or repealing any regulation
(b) the administration of the Radioactive Substances Act
(c) prevention or minimising dangers arising from radioactive substances and irradiating apparatus. (2)

The Council could delegate any of its functions to advisory Committees which the Act enabled it to appoint. The members of the Advisory Committees were not necessarily members of the Radiological Advisory Committee. (3)
The Governor could appoint Inspectors or other staff to perform the functions established by the Act. (4) Inspectors or Council members were authorised to enter and inspect any premises on which radioactive substances or irradiating apparatus were believed to be held, to determine whether the provisions of the Act were being upheld and if necessary to remove samples of substances for testing. (5)

A major function of the Council was considering applications for licenses for owning, using or selling radioactive substances or irradiating apparatus. The Council could incur conditions on any license granted , revoke or vary a license during its currency, suspend or cancel a licence or refuse to grant one (6) Dissatisfied applicants for licenses could appeal to the District Court (7)

The Act was proclaimed on 20 March, 1959 (8) and the first regulations under the Act were simultaneously issued. The original Act had exempted Medical Practitioners and Dentists from licensing but the Radioactive Substances (Amendment) Act, 1961 *act No 36, 1961) which was commenced on 1 October, 1963 (9) required these professionals to be licensed in the same manner as other uses of radioactive substances.

The Act, was further amended by the Radioactive Substances (Amendment) Act, 1967 (Act No 20, 1967) to allow for application of licences to be made to the Under Secretary of the Department of Health in lieu of the Minister for Health.

By 1967 the Radiological Advisory Council operated through the Radiation Branch of the Department of Public Health. 2284 licenses were valid at the end of 1967, 1158 ‘inspectoral’ visits were made to premises during the year and 147 ‘non inspectoral’ visits were made. The latter were in response to requests for advice. 36 visits were made outside Sydney and the Metropolitan area. (10) In 1971 the work of the Council was carried out by the Division of Occupational Health and Pollution Control, (11)

The Health Commission Act, 1972 (Act No 63, 1972) amended the Radioactive Substances Act to alter the references of the Undersecretary of the Department to the Health Commission of New South Wales. (12) The proposed Health Commission of New South Wales Consultative Document placed Radiology Services under the heading ‘Personal Health Services’ and recommended that these be placed within the Bureau of Personal Health Services once the Commission Commenced operation. (13) However, for some time the work continued within the Occupational Health and Pollution Control which operated within the Bureau of Environmental and Special Health Services. (14)

By 1990 the Radiation Health Services section within the Public Health Services branch, undertook licensing and other radiation regulatory work. (15)

The Radiological Advisory Council was dissolved Radiation Control Act, 1990. (16)

Footnotes:
(1) Radioactive Substances Act, 1957 s. 4(2)
(2) Ibid. s. 6
(3) Ibid. s. 5
(4) Ibid. s. 7
(5) Ibid. s. 8
(6) Ibid. s. 11
(7) Ibid. s. 12
(8) NSW Government Gazette 20 March, 1959 p. 784
(9) NSW Government Gazette 9 August, 1962 p. 2276
(10) Report of the Director-General of Public Health for 1967 p. 202-204 in NSW Parliamentary Papers 1968-69 Vol 4, pp330-332
(11) Report of the Director General of Health for 1971 p. 232 in NSW Parliamentary Papers 1972-73 Vol 4, p. 400.
(12) Schedule Part 1
(13) Proposed Health Commission of New South Wales: consultative document.’ 1972 p.20 in NSW Parliamentary Papers 1972-73 Vol 4, p.474)
(14) Health Commission of New South Wales report for the year ended 30 June, 1973 p. 91 Appendix 1 Chart of Functions in NSW in NSW Parliamentary Papers 1973-74 Vol 2 p.153.
(15) NSW Department of Health Annual Report 1989-1990p. 77
(16) Radiation Control Act, 1990 s. 43(2)