Exemptions from licensing

Some users can be exempted from the requirement to obtain a licence if they are authorised by a source licence, by regulations or they are working under the supervision or instructions of an authorised person.

Authorisation by a source licence

Under section 17(2) of the Radiation Safety Act 2016 a source licence may authorise the use of radiation sources if that use is passive or limited.  The Director for Radiation Safety will consider all relevant factors before determining whether this provision applies.  By way of general guidance the following criteria could be indicative of passive or limited use:

  • all use is within the scope of the authorisation contained in the source licence
  • safety can be largely ensured by facility design, equipment design and simple operating procedures
  • no medical exposures are involved
  • there are minimal training requirements in order to satisfy the fundamental requirements in the Act
  • there is a history of few problems with safety in operations.

Authorisation by regulations

Section 16 of the Act permits the use of radiation sources by persons who are authorised to perform activities prescribed in regulations. This list of people is set out in schedule 3 of the Regulations.
Read Schedule 3 of the Regulations on the NZ Legislation website

Supervision and instructions

Section 21(4) and (5) allow the use of radiation sources by unlicensed users if they are acting under the direct supervision or written instructions of an authorised person.

Direct supervision requires the physical presence and ability to intervene by the authorised person (see the definition of ‘direct supervision’ in section 5).

Unlicensed use under written instructions is only permitted if the use is mechanical or procedural, the unlicensed user is able to meet the fundamental requirements in the Act, and the instructions contain procedures for safe use, comply with the fundamental requirements and are recorded in accordance with section 35.

By way of guidance the Director considers that use can be considered to be ‘mechanical or procedural’ if:

  • all use is within the scope of the use licence or regulations authorisation of the person who issues the written instructions
  • safety can be largely ensured by facility design, equipment design and simple operating procedures
  • any medical exposures require minimal clinical judgment
  • there are minimal training requirements in order to satisfy the fundamental requirements in the Act
  • there is a history of few problems with safety in operations.

 

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