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RADIATION BILL
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11 August 2005
Second Reading
PIKE
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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.