Regulatory framework

The objects of this Act are:

1. to protect people and the environment from the harmful effects of radiation by applying the radiation protection principle; and
2. to ensure that radiation sources are secured against misuse that may result in harm to people or the environment; and
3. to recognise the benefits of the safe and justified uses of radiation; and
4. to promote the principles of ecologically sustainable development.

Radiation protection principle

The radiation protection principle is that people and the environment should be protected from unnecessary exposure to radiation through the processes of justification, optimisation, and limitation.

The principle of justification requires that the introduction of a new source of radiation, or any actions that result in radiation exposure, have a net overall benefit. This concept is not unique to radiation protection, as many decisions in everyday life involve balancing benefits and risks. Once a decision has been made that a particular action is justified, then the next step is to apply the principle of optimisation.

Optimisation of protection, in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose people or the environment to ionising radiation, means:

1. keeping the magnitude of individual doses of, or the number of people that may be exposed to, ionising radiation as low as is reasonably achievable, taking into account economic, social and environmental factors;
2. if the magnitude of individual doses, or the number of people that may be exposed, is uncertain – keeping the likelihood of incurring exposures of ionising radiation as low as is reasonably achievable, taking into account economic, social and environmental factors.

What does this mean

The role of the EPA is to ensure that only justified practices are authorised, and to establish and enforce requirements for the optimisation of protection and safety. Licensees must ensure that protection and safety is optimised [1].

Decisions on justification and optimisation go beyond radiation protection and need to take account of economic, societal and environmental considerations. In many instances, the benefits considered in justification or in optimisation accrue to society in general rather than to individuals.

The concepts of ‘good’ and ‘harm’, often expressed as ‘benefits’ and ‘risks’, are subjective and vary between individuals. Applying the principle of justification therefore involves judgement decisions that are seldom straightforward. Justification applies not only to the introduction of new sources of radiation, but also to actions designed to reduce radiation exposure.

All such actions have associated costs, as well as societal and environmental impacts, which must be considered as part of the decision-making process. Optimisation is directly linked to justification in that the extent to which radiation protection and safety can be optimised is one of the inputs into decisions on justification. Optimisation is about ensuring that, under the prevailing conditions, the best possible choices are made. As with justification, optimisation needs to take account of more than just the need to reduce radiation doses.

The application of the principles of justification and optimisation is reasonably well established when working with radiation sources. Where this is not the case, interested parties need by consulted and involved in the decision-making process.

The following diagram is a simplified depiction of the regulatory framework for the regulation of radiation safety in South Australia.

• The Act applies to everyone, including through the general duty provisions and provides the authority for the regulations, codes and standards.
• The regulations set out the requirements in more detail and identifies the codes and standards to be met to demonstrate radiation safety.
• Codes and standards generally apply to particular types of radiation sources and activities and further clarify the requirements for meeting obligations for radiation safety.
• Guidelines set out the approaches that will be regarded as compliant with the Act and Regulations.
• Authorisations are specific to a particular person or business and provides the legal authority to undertake specified activities that are subject to regulation.
• Radiation management plans are owned by the licence-holder and set out how they will comply with their authorisation.

Radiation Protection and Control Act 2021

The new RPC Act was assented to on 11 February 2021 and its implementation will be supported through new regulations and codes of compliance.

The new RPC Act provides a contemporary risk-based framework for radiation safety based on national and international standards of best practice. It reduces the number of licences needing to be held by an individual or a business, introduces offences for causing radiation harm when not acting in accordance with the Act, updates maximum penalties, order-making powers for gaining compliance, increases protection of security enhanced and high-risk radioactive sources, provides for a simplified process for adopting documents forming part of the National Directory, and financial assurances.

Draft Radiation Protection and Control Regulations 2022

The regulations aim to deliver three reforms enabled by the Act, while retaining the best aspects of the current regulations:

• A modern risk-based approach that focusses on important controls, simplifies requirements, and removes unnecessary administrative burdens.
• A responsive framework that provides flexibility, enables innovation and manages emerging technologies and risks. To replace one-size-fits all prescriptive requirements, and use the expertise of the leading practitioners to design more effective controls.
• Provide tools to enable the EPA to step in and take action where harm may be caused.

As subordinate legislation, the purpose of the new regulations is to support implementation of the Act, and to provide clarity and certainty on its application. The regulations set out the requirements to be followed when undertaking an activity involving radiation.

The regulations are specific to South Australia and its regulatory environment but reference internationally and nationally recognised standards where appropriate. This reflects the commitment to national uniformity in regulating radiation safety made by the Australian and state governments.

The responsibility for radiation safety first and foremost rests with those authorised to undertake activities involving radiation sources. The role of regulations is to formally state the obligations, roles, and responsibilities of the authorised party. It is the responsibility of the authorised party to demonstrate their knowledge, competence, and commitment to a strong safety culture.

Matters in the new Act requiring or allowing regulations to be made include (but are not limited to):

• Definitions of what constitutes a radiation facility, radioactive material, and security enhanced radioactive source for purposes of regulation.
• Exclusion of classes of operations, persons, material, circumstances, substances, apparatus, premises, and sources from the requirement to hold a licence
• Requirements for determining applications for authorisation
• Requirements for radiation management plans
• Standards, practices, and procedures to be complied with
• Requirements for medical examination of exposed persons
• Requirements for monitoring, record-keeping, and incident notification
• Requirements for identity checks and security background checks
• Responsibilities of employers and other responsible persons
• Fees and penalties