RADIATION SAFETY (GENERAL) REGULATIONS 1983 - REG 38
RADIATION SAFETY (GENERAL) REGULATIONS 1983 - REG 38
38 . Restrictions on use of irradiating apparatus
(1) A person shall not
use irradiating apparatus for dental radiography unless the person
is —
(a) a
dentist; or
(b) a
radiographer acting on the instructions of a dentist or a medical
practitioner; or
(c) a
person with an approved dental ancillary qualification using the irradiating
apparatus on the instructions of a dentist for —
(i)
radiography of the teeth using an intra‑oral image
receptor, working under the general supervision of a dentist or a
radiographer; or
(ii)
lateral oblique radiography of the jaws, working under
the general supervision of a dentist or radiographer; or
(iii)
panoramic or cephalometric radiography, working under the
personal supervision of a dentist or radiographer;
or
(d) a
person training for qualifications as a dentist or radiographer, or enrolled
in a course of training for an approved dental ancillary qualification, using
the irradiating apparatus on the instructions of a dentist and working under
the personal supervision of a dentist or a radiographer.
(2) A person shall not
use irradiating apparatus for medical radiography unless the person
is —
(a) a
licensed radiologist; or
(b) a
radiographer working under the direction and general supervision of a licensed
radiologist; or
(c) a
radiation therapist working under the direction and general supervision of a
licensed radiation oncologist and using the apparatus for purposes related to
the planning of therapeutic treatments for patients; or
(d) an
x‑ray operator, whose proficiency has been assessed by an approved
radiographer within the previous 36 months, working under the direction
and general supervision of a licensed medical practitioner and using low
powered irradiating apparatus —
(i)
for plain radiography of the chest, clavicle, scapula,
shoulder, the upper extremity distal to the shoulder, the knee including the
lower third of the femur, and lower extremity distal to the knee; or
(ii)
for radiography, other than radiography described in
subparagraph (i), that is performed outside the metropolitan region (as
defined in Planning and Development Act 2005 section 4), and is, in the
opinion of the medical practitioner referring the patient, essential for the
immediate medical care of the patient;
or
(e) a
medical practitioner training for qualifications in diagnostic radiology
working under the direction and general supervision of a licensed radiologist;
or
(f) a
person enrolled in a course of training in diagnostic radiography or radiation
therapy that is recognized by the Australian Institute of Radiography and
working under —
(i)
the direction and general supervision of a licensed
radiologist or a licensed radiation oncologist; and
(ii)
the personal supervision of a radiographer or a radiation
therapist.
(3) Notwithstanding
subregulation (2), a person shall not use irradiating apparatus for
mammography screening unless —
(a) the
person is a radiographer who holds a Certificate of Clinical Proficiency in
Mammography issued by the Australian Institute of Radiography or can provide
evidence of equivalent training or experience; and
(b) the
person is working under the direction and general supervision of a licensed
radiologist.
(4) Notwithstanding
subregulation (2), a person shall not use irradiating apparatus for chest
screening unless the person is a radiographer, or an x‑ray operator,
working under the direction and general supervision of a licensed medical
practitioner.
(5) A person shall not
use fluoroscopic irradiating apparatus on human beings unless the person
is —
(a) a
licensed radiologist or a licensed radiation oncologist; or
(b) a
medical practitioner training for qualifications in diagnostic radiology or
radiation oncology and working under the direction and general supervision of
a licensed radiologist or licensed radiation oncologist; or
(ba) a
licensed medical practitioner with specialist qualifications (other than a
person to whom paragraph (a) or (b) applies) who is using the
apparatus —
(i)
for a purpose relevant to those qualifications; and
(ii)
in the presence of a radiographer who has responsibility
for positioning and manipulating the apparatus, minimizing patient and
personnel radiation exposure and maintaining the records required by the
conditions of the registration;
or
(bb) a
medical practitioner training for specialist qualifications (other than a
person to whom paragraph (b) applies) who —
(i)
has attended an approved course of training and has
passed an examination in radiation safety; and
(ii)
is using the apparatus under the direction and general
supervision of a licensed medical practitioner; and
(iii)
is using the apparatus for a purpose relevant to those
qualifications in the presence of a radiographer who has responsibility for
positioning and manipulating the apparatus, minimizing patient and personnel
radiation exposure and maintaining the records required by the conditions of
the registration;
or
(c) a
radiographer using the apparatus as part of a procedure while working under
the direction and personal supervision of a licensed radiologist or a licensed
radiation oncologist who is responsible for that procedure; or
(d) a
radiographer or a radiation therapist using the apparatus as part of a
procedure where —
(i)
conventional radiography is inadequate; and
(ii)
the licensed radiologist or licensed radiation oncologist
responsible for that procedure has given permission for such use.
(6) A person shall not
use irradiating apparatus for chiropractic radiography unless the person
is —
(a) a
licensed chiropractor; or
(b) a
radiographer working under the direction and general supervision of a licensed
chiropractor or a licensed radiologist.
(7) A person shall not
use therapeutic irradiating apparatus for the treatment of human beings unless
the person is —
(a) a
licensed medical practitioner; or
(b) a
radiation therapist working under the direction and general supervision of a
licensed medical practitioner; or
(c) a
medical practitioner training for qualifications in radiation oncology working
under the direction and general supervision of a licensed radiation
oncologist; or
(d) a
person enrolled in a course of training for radiation therapy that is
recognized by the Australian Institute of Radiography and working under the
direction and general supervision of a licensed radiation oncologist and under
the personal supervision of a radiation therapist.
(8) A person shall not
use irradiating apparatus for veterinary radiography unless the person
is —
(a) a
licensed veterinarian; or
(b) a
veterinarian working under the direction and personal supervision of a
licensed veterinarian; or
(c) a
radiographer working under the direction and general supervision of a licensed
veterinarian; or
(d) a
licensed radiographer acting on the instructions of a veterinarian; or
(e) a
person training for qualifications as a veterinarian and working under the
direction and personal supervision of a licensed veterinarian or under the
personal supervision of a radiographer; or
(f) a
person who holds or is training for qualifications in veterinary nursing
practice recognized by the Council and is working under the direction and
personal supervision of a licensed veterinarian.
(9) A person shall not
use irradiating apparatus for veterinary fluoroscopy unless the person
is —
(a) a
licensed veterinarian; or
(b) a
veterinarian training for qualifications in veterinary radiology and working
under the general supervision of a licensed veterinarian or licensed
radiologist; or
(c) a
radiographer using the apparatus as part of a procedure under the direction
and personal supervision of the licensed veterinarian responsible for that
procedure.
(10) A person shall
not use irradiating apparatus for the therapeutic treatment of animals unless
the person is —
(a) a
licensed veterinarian; or
(b) a
licensed medical practitioner performing the treatment at the request of a
veterinarian; or
(c) a
veterinarian training for qualifications in veterinary radiotherapy and
working under the direction and general supervision of a licensed veterinarian
or licensed medical practitioner; or
(d) a
radiation therapist performing the treatment at the request of a licensed
veterinarian and working under the direction and general supervision of a
licensed veterinarian or a licensed medical practitioner.
(11) A person shall
not use irradiating apparatus for radiography or fluoroscopy on human remains
unless the person is —
(a) a
licensed radiologist; or
(b) a
radiographer, or a mortuary or research worker who has attended an approved
course of training, who —
(i)
has the written approval of the registrant to perform
approved procedures for researchers nominated by the registrant; and
(ii)
is working under the direction and general supervision of
a licensed medical practitioner.
(12) A person shall
not use irradiating apparatus for radiography or fluoroscopy on animals for
the purposes of research unless the person is —
(a) a
licensed radiologist, a licensed veterinarian or a licensed research worker;
or
(b) a
radiographer, or a research worker who has attended an approved course of
training, who —
(i)
has the written approval of the registrant to perform
approved procedures for researchers nominated by the registrant; and
(ii)
is working under the direction and general supervision of
a licensed radiologist, a licensed veterinarian or a licensed research worker.
(13) A person who is
permitted by the Act and these regulations to operate or use irradiating
apparatus shall do so in accordance with the requirements set out in Schedule
XI.
[Regulation 38 inserted: Gazette
11 Nov 1997 p. 6211‑4 (as amended: Gazette
10 Feb 1998 p. 733); amended: Gazette 10 Feb 1998
p. 733; 25 Sep 2001 p. 5286-7; 20 Sep 2016
p. 3968; SL 2022/93 r. 8.]