Hansard debates

                                 RADIATION BILL
                                 Second reading

  Ms PIKE (Minister for Health) -- I move:
  That this bill be now read a second time.
The purpose of this  bill is to create new radiation protection legislation that
will provide a consistent regulatory regime, consistent with national directions
to protect  people  and the  environment  from harmful effects  of  ionising and
non-ionising radiation.

The bill is based upon the national directory for radiation protection developed
by  the  national  Radiation  Health  Committee  of  the   Australian  Radiation
Protection and  Nuclear Safety Agency.  Following substantial  consultation, the
national  directory  was  agreed   to  by  health  ministers  from  the  states,
territories  and  the   commonwealth.  Health  ministers  undertook  to   revise
legislation in accordance with the national directory and the bill before you is
the result of such revision.
In  creating new radiation protection  legislation, the bill  proposes to repeal
sections 108AA to 108AK of the Health Act. The Health Act commenced operation in
1958 and is broadly consistent with the national directory, but requires further
improvements to meet current agreed national and international directions in the
practice of radiation safety as detailed in the national directory.

The  bill provides a single  piece of radiation protection legislation that will
provide a consistent regulatory regime to protect the public and the environment
from the harmful effects of radiation.
The Radiation  Bill is also consistent with the recommendations  of the national
competition policy review of  the  radiation protection legislation completed in
2001.
The principal  objectives of this bill are to protect the health  and safety  of
people and the environment from the harmful effects of radiation
I will now turn to the key aspects of the bill.
Part 1 of the bill describes the purpose of the act and provides for the part of
the act which ensures the 

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continued operation  of the Health  (Radiation Safety) Regulations 1994  to come
into  operation on  the day after  the day  the act  receives royal  assent. The
remaining provisions come into  operation on 1  September  2007. This part  also
contains definitions and outlines the purpose and application of the act.
Part  2  of the bill  contains  the guiding principles  including  the radiation
protection principle and the matters that the secretary must have regard to.
Part 3 of the bill deals with the role of the secretary. In  particular, it sets
out the functions and general powers of the Secretary of the Department of Human
Services.
Part 4 of the bill deals with licensed activities.

These include  'management  licences' which  may  authorise  the  conduct  of  a
radiation  practice  including  possession  of  a  radiation source  and  a 'use
licence' authorising a person to use  a radiation source for a specific purpose.
This part creates offences for the conduct of unlicensed radiation practices and
for the unlicensed use of radiation sources.  It  creates  an  offence  for  the
unlicensed construction of radiation facilities. It also creates an  offence for
a licence-holder to not comply with a condition of their licence. It will create
other offences  for a person to falsely represent that they are a licence-holder
and  to  allow  a person who does not  hold  a  'use licence' to use a radiation
source. It  will require a management  licence-holder to notify the secretary of
the loss or theft of a radiation source. This  part also creates the offences of
causing another person to receive a higher radiation dose than is prescribed and
to cause serious harm to the environment.

Part 5  of  the  bill deals with  approved  testers and the testing  and  use of
prescribed radiation sources. Approved testers will be  individuals  approved by
the secretary of the Department of Human Services to conduct tests on prescribed
radiation  sources  to  determine  whether  the  source  meets radiation  safety
standards. The secretary is also  able to specify the  radiation safety standard
that  must  be  met  by a radiation source and  the  tests  that must be used to
determine  whether  the source meets  the  standard. If  commissioned  to test a
radiation source, the  tester  must issue a  certificate  of compliance  to  the
person that commissioned the test when the source meets the standard. The tester
must also  provide the information in the certificate to the secretary. There is
an offence for a tester to knowingly issue a certificate of  compliance that  is
false.  The bill  also creates  an  offence  for  a  person  in possession  of a
prescribed radiation  source to require, direct, allow or permit a person to use
the  prescribed  radiation  source  unless  there is  a  current certificate  of
compliance in respect of that source.

There  is  a  corresponding offence for a person to knowingly use  a  prescribed
radiation source unless  there is a  certificate  of compliance for  that source
that has not yet expired.
Part  6 of  the bill  deals with  authorities which are defined as  a management
licence, a facility construction licence, a use licence and a tester's approval.
The bill provides  that any person may apply for the first two  types of licence
whilst only natural persons may apply  for the last two types. The bill provides
for certain  information  to be  included  with applications  for  licences  and
details the matters that the secretary may take into account when considering an
application  for  a  licence. The bill also provides for the secretary  to  have
regard to the advice  of  relevant practitioner boards which are also defined in
the bill. The bill describes the content and period of the licences which can be
up to  three years in  length. The  bill also  provides for  a detailed  licence
renewal process.

Division  3  of  this  part provides  for  the  suspension and  cancellation  of
authorities  under  certain conditions. This  process  includes the  issue  of a
show-cause notice. Division  4 provides for the transfer of management  licences
or facility construction licences and  for  the  variation  to  a licence by the
secretary.
Part  7   of  the  bill  contains  the  enforcement  provisions.  This  includes
appointment of authorised  officers  and their  powers  including the  power  of
entry.  It sets  out procedures for entry, both with and  without a  warrant. It
also includes an offence of impersonating an authorised officer.
Part  8  of the bill deals with  radiation  emergencies.  It  provides  for  the
secretary to authorise  an  authorised  officer  to take action in relation to a
radiation event. These emergency powers are needed to ensure that the Department
of Human Services has adequate powers to deal with radiation emergencies.

Such powers are needed to deal with  small  or  large-scale  emergencies where a
group  of people or a place may have been contaminated by  radioactive  material
following an  accident  or the intentional  release of radioactive  material  or
radiation.
Part 9  of the  bill deals  with the  review  of  decisions  and  provides  that
applicants  or  licence-holders  will  be  eligible,  following decisions by the
secretary in relation to their licence, for both an internal  review  within the
department  and where necessary an  external review by  the  Victorian Civil and
Administrative  Tribunal  (VCAT). The  exceptions  to  this are  in  relation to
prescribed  radiation  facilities.  These  facilities  will  be   prescribed  in
regulations but can be  expected to include the  most active radiation  sources,
including a large facility such as the synchrotron. Applicants and 

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licence-holders  will be eligible for an internal review but not for  review  by
VCAT. Such  decisions are considered to  be of significant importance because of
the nature of the facilities and, secondly, because the highly  technical nature
of the facilities is such that  administrative review is  impractical. Therefore
the  decisions in  relation  to  prescribed radiation  facilities  will only  be
reviewable by the Supreme Court on matters of law.
Part  10  of  the  bill establishes  the  Radiation  Advisory  Committee,  which
substantially replicates the current provisions in the Health Act 1958 to ensure
that this independent committee will continue into the future.
Part  11 of the bill is a general  part which  amongst other  things establishes
radiation analysts as  persons  who can be appointed by the secretary to certify
certain things, including the radiation  dose that a person has been exposed to.
The part also establishes an infringement regime for prescribed offences.

Division 5 details  compensation and  recovery-of-costs  provisions. These  will
follow a finding of guilt by a court and could cover situations where a clean-up
of a place  has been  necessary to deal with contamination caused by a radiation
source.  The bill also  provides for  an annual  report to  be published  by the
secretary of the activities under the  act.  There  is  a  requirement  for  the
secretary to notify the  chief executive of  the Australian Radiation Protection
and  Nuclear Safety Agency of prescribed radiation incidents  that the secretary
has become aware of. The  bill also details provisions to provide for disclosure
of information to other agencies, including the Environment Protection Authority
and the  Victorian WorkCover Authority, radiation regulators in other  states or
territories as well as bodies in other countries  that have similar functions. A
register  of  declarations,  authorities  and  exemptions must  be  kept by  the
secretary.  The bill also contains  a regulation-making power as  well as making
consequential   amendments  to   the   legislation.  There   are  also  detailed
transitional provisions.

The proposed regulatory  framework will come  into  force on 1  September  2007,
giving sufficient time for a proper  development of regulations  and importantly
for  an  appropriate level of  education and consultation with  industry, and in
particular with small business to ensure that  they  are  well  prepared for the
introduction of the new legislation.
As I  stated at the outset, regulatory  reform of this nature can be expected to
enhance the overall  business competitiveness of the Victorian economy. The move
to  legislation that is  consistent with the  national  directory for  radiation
protection  is  an  important  step towards nationally consistent laws. Feedback
from industry has confirmed that this is a positive move particularly  for those
businesses and individuals who conduct business across state borders.

I believe that  the  bill strikes the  right  balance between  meeting  national
commitments to adopt nationally consistent legislation and avoiding  unnecessary
or overly  complex  regulation. It  also  provides  a framework  to  ensure that
radiation sources are secured.
In  summary, the legislative  proposal  once enacted will  place  Victoria in  a
leading position  in Australia in the  regulation of radiation safety to protect
both people and the environment.
I commend this bill to the house.
Debate adjourned on motion of Mrs SHARDEY (Caulfield).
Debate adjourned until Thursday, 25 August.