Radiation Safety (Qualifications) Regulations 1980

The key concept is “approved”, defined in regulation 2 as “approved by the Council”. The Council is the body established under the Radiation Safety Act 1975, and it has broad discretion to decide what qualifications count as approved. This definition is elastic; the regulations do not list any specific external qualifications that are automatically recognised. Instead, approval is a case‑by‑case determination by the Council, which introduces uncertainty for applicants who may have qualifications from other jurisdictions or from professional bodies.

The “examination in radiation safety” is the primary method of demonstrating competence. It is conducted by or on behalf of the Council, and its content is drawn from the syllabus in Schedule 1. The syllabus comprises nine items: properties and uses of radiation; production, detection and measurement; biological effects; radiation hazards and protection; theory and practice of diagnostic imaging; recognition of artefacts, anatomy and pathology; measures to eliminate unnecessary exposure; knowledge of the Radiation Safety Act 1975 and its regulations; and standards, rules, codes or specifications recognised by the Council. The Council may select which of these subjects are appropriate for each candidate, so the examination content can vary depending on the activity involved. Item 9 is notable because it incorporates external standards by reference, and regulation 5(2) requires the Council to make a list of those standards available free of charge at its office. This at least provides transparency, but the standards themselves may change over time, and a candidate must keep track of what the Council currently recognises.

The fee structure in Schedule 2 differentiates between examinations for chiropractic radiography and those for other syllabuses. For chiropractic radiography, there are four fee categories: a restricted spinal examination (5 parts) at $800.00, an extended (skull, chest, extremity) examination at $400.00, an examination in both at $800.00, and an examination in part or parts at $400.00. For any other subject or syllabus, the fee is $70.00 per subject. This fee schedule was inserted by SL 2025/104 (effective 1 July 2025) and replaces whatever ad‑hoc fee arrangements existed previously. The schedule is fixed by regulation, so any future changes will require an amendment.

Regulation 3(2) introduces the concept of an exemption, which the Council may grant on application. The exemption can be subject to conditions, restrictions or limitations imposed under section 36 of the Act. This means a person who does not hold an approved qualification or pass the examination may still be permitted to work, but only on terms set by the Council. The power is discretionary, and there is no right of appeal stated in the regulations. Regulation 4 extends the Council’s reach by allowing it to require qualifications for use of other types of radiation sources or electronic products, even if they are not listed in regulation 3. This gives the Council a flexible tool to respond to emerging technologies or practices without immediate legislative amendment.

The regulations directly affect any person who wishes to engage in the activities listed in regulation 3(1)(a) and (c). Those activities are: (i) use of irradiating apparatus for chiropractic radiography or industrial radiography; (ii) use of radioactive substances for industrial radiography or veterinary therapy; (iii) installation or repair of X‑ray apparatus; and (iv) installation or repair of equipment incorporating radioactive substances. This covers a range of occupations: chiropractors who take X‑rays, industrial radiographers who inspect welds or structures, veterinary practitioners who use radioactive sources for therapy, and technicians who install or service X‑ray machines or equipment containing sealed sources.

Indirectly, the regulations affect employers and practice owners. An employer who wants to hire a radiographer or X‑ray technician must ensure that the employee already has the required qualification or is willing to obtain it. The employer may also need to facilitate the employee sitting the examination and bearing the cost of the fee. For a small chiropractic practice or a veterinary clinic, the $800.00 fee for a chiropractic radiography examination (or $400.00 for part) is a real cost that may be passed on to patients or absorbed. The time spent studying for and attending the examination is an opportunity cost.

The regulations also affect persons who use or operate radiation sources that are not specifically listed in regulation 3 but are caught by the Council’s discretion under regulation 4. This could include persons using irradiating apparatus for medical diagnostic purposes other than chiropractic, or persons using electronic products (such as X‑ray baggage scanners or electron microscopes) that emit ionising radiation. The Council may at any time decide that a particular use requires a qualification, and that decision is made by direction rather than by regulation. This creates regulatory uncertainty for businesses that invest in new equipment or processes: they cannot be sure in advance whether the Council will later require operators to sit an examination.

Patients and the public are affected indirectly through the quality of radiation safety. The stated rationale of the regulations is that a qualified operator will be less likely to cause unnecessary exposure or accidents. However, the compliance costs may reduce the availability of certain services in regional or remote areas where it is harder to find qualified staff, or where the cost of sending an employee to sit an examination in Perth is prohibitive.

The primary duty is imposed by regulation 3(1): a person must not engage in the specified activities unless they have complied with the examination or qualification requirement, or have been exempted. This is a negative duty - a prohibition - rather than a positive duty to take a particular action. However, the practical effect is that a person who wishes to carry out the activity must take active steps to obtain the qualification or examination pass before starting work.

The corresponding right is the right to apply to the Council for an exemption under regulation 3(2). The Council must consider the application and may grant an exemption subject to conditions. The regulations do not specify any criteria for granting an exemption, nor a maximum duration. This gives the Council broad discretion, but also means an applicant has no guarantee of success and no standard to measure against. There is no provision for review or appeal of an exemption decision within the regulations themselves (though general administrative law remedies may be available under the Judicial Review Act or common law).

Regulation 4 gives the Council the right to require a person to obtain a qualification or pass an examination for other types of radiation use. The person who receives such a requirement has a duty to comply within the specified period, and contravention is an offence. This is not a standing duty; it only arises if the Council issues such a requirement. A person who never receives a requirement has no duty under regulation 4, but also no right to know whether the Council has decided not to require qualifications for that activity.

The duty to pay fees is imposed by regulation 5A, which states that the fees in Schedule 2 are payable by persons desiring to sit for the examination. This is a condition precedent: you cannot sit the examination without paying the fee. There is no provision for a refund if you fail or withdraw.

The Council has a duty (under regulation 5(2)) to make available free of charge a list of the standards, rules, codes and specifications referred to in item 9 of Schedule 1. This is a transparency obligation, but it only extends to making the list available at the Council’s office. It does not require the Council to provide copies of the standards themselves, which may be subject to copyright or purchase costs.

A person who has passed an examination or holds an approved qualification has a right to engage in the activities without further examination, unless the Council withdraws approval or the qualification expires (though no expiry is mentioned in these regulations). However, the right is contingent on the Council’s ongoing approval of the qualification.

Regulation 6 creates the penalty: a person who contravenes regulation 3 or a requirement made under regulation 4 is liable on conviction to a fine not exceeding $1,000. This is a relatively low maximum penalty compared to other occupational health and safety offences; for example, under the Radiation Safety Act itself, higher penalties may apply for unauthorised possession or use of a radiation source. The fine is also low relative to the cost of non‑compliance in terms of potential harm. This may reflect the fact that the regulation is a qualification gate: the real deterrent is not the fine but the inability to work legally. A person found working without the required qualification could be prosecuted, fined, and also exposed to civil liability if a radiation incident occurs.

Enforcement is likely to be undertaken by the Council or by inspectors appointed under the Radiation Safety Act. The regulations do not specify inspection powers; those are found in the parent Act. The penalty is a criminal fine, so the burden of proof is beyond reasonable doubt. A successful prosecution requires proving that the person engaged in one of the listed activities without the required qualification, approved qualification, or exemption.

The $1,000 limit has not been updated since the regulations were made in 1980, except to ensure that the penalty provision remains consistent with the Act’s penalty unit system. Given inflation, $1,000 in 1980 is worth about $5,000 in 2025. The low real value of the penalty may reduce its deterrent effect, especially for businesses that can treat a fine as a cost of doing business. However, the reputational damage and the risk of being barred from future work may be more significant.

There is also an indirect enforcement mechanism: the Council may require evidence of qualification before issuing a licence or registration under the Act. While these regulations do not themselves create a licensing scheme, the Act likely requires a person to be licensed to possess or use a radiation source. The licence applicant would need to demonstrate the required qualification. Thus, the qualification requirement is enforced at the licensing stage, before any work begins.

These regulations are made under the Radiation Safety Act 1975 (WA). They are delegated legislation and must be read as part of that Act. The Act itself establishes the Council, the licensing regime, and general duties regarding radiation safety. The regulations fill in the specific qualification requirements. Section 36 of the Act is referenced in regulation 3(2) as the source of the Council’s power to impose conditions on exemptions. Section 26(1)(a) of the Act is referenced in regulation 4 as the basis for the Council’s power to require qualifications for other radiation uses. A practitioner must be familiar with the Act to understand the full context.

The regulations interact with other Western Australian health regulations, notably the annual Health Regulations Amendment (Fees and Charges) regulations that have been amending Schedule 2 fees (or earlier fee provisions) every year since at least 2016. These amendments are made under the Health portfolio and may adjust fees for inflation or policy reasons. The most recent amendment, SL 2025/104, inserted the current Schedule 2. This means the fee schedule is not static; it can change with each year’s omnibus fees regulation.

There is no explicit mention of national standards or mutual recognition. Given that Western Australia is a separate jurisdiction, a person who holds a radiation safety qualification from another Australian state or territory will not automatically have it approved by the Council. They must apply to have it recognised as an “approved qualification” under regulation 2. The Council’s discretion in approving external qualifications creates a potential barrier to interstate mobility for radiographers and technicians.

The regulations also interact with workplace health and safety laws, such as the Occupational Safety and Health Act 1984 (WA) or the Work Health and Safety Act 2020 (WA). An employer has a general duty to provide a safe system of work. If an employee operates radiation equipment without the required qualification, the employer may face prosecution under those Acts as well as under the Radiation Safety Act. The qualification regulations are therefore a component of the broader safety framework.

Finally, the regulations may interact with professional registration laws for chiropractors and veterinarians. Those professionals are separately regulated by boards, and those boards may require radiation safety training as part of their own standards. The regulations set a minimum floor; the professional board may impose additional requirements.

The regulations were originally gazetted on 6 June 1980. Since then, they have been amended frequently. The compilation table lists over 20 amending instruments. Many of the early amendments in the 1980s and 1990s were minor: updating fee amounts, adjusting the syllabus, and making drafting corrections. For example, the 1984 amendment inserted regulation 5A on fees and also amended Schedule 1. The 1990 amendment amended the definition of “approved” in regulation 2. The 1999 amendments changed regulation 3 (deleting paragraph (b) and amending the language). The 1997 amendment also amended Schedule 1 and regulation 5.

A significant pattern is the annual adjustment of fees through the Health Regulations Amendment (Fees and Charges) omnibus regulations, starting in 2016 and continuing through 2025. Each year, Part 10 of those regulations amended the Radiation Safety (Qualifications) Regulations to replace the fee schedule. Prior to the 2025 amendment, the fee structure was set out in regulation 5A itself; the 2025 amendment inserted a new Schedule 2 to list the fees in tabular form. This change may have been made for clarity or to align with a standard formatting practice across health regulations.

The 2014 amendment appears to have been a minor update. The 2015 amendment adjusted fees as of 1 July 2015. The compilation table shows that Reprint 2 was published as at 6 February 2015, incorporating all amendments up to that date.

The amendment history reveals that the core structure of the regulations has remained stable for over 40 years. The activities covered in regulation 3 have not been expanded; the only deletions were paragraph (b) (which likely related to a now‑obsolete activity). The Council’s power under regulation 4 has been preserved. The syllabus in Schedule 1 has been amended several times but still contains the same basic list of subjects. The most dynamic area has been the fee levels, which have been updated regularly but remain subject to the Council’s discretion as to which subjects to examine.

The provided text of the regulations contains no references to any litigation. Compilations of subordinate legislation rarely include case law. This does not mean there has been no litigation; it simply means the source does not discuss it. It is possible that the regulations have been considered in administrative review proceedings regarding Council decisions on exemptions or qualification approvals, but those would be decided under the parent Act or the general law of judicial review.

A search of case law would be required to determine if any prosecutions under regulation 6 have been reported, or if the validity of the regulations has been challenged. Given the low penalty and the relatively niche area, reported cases may be scarce. The regulations themselves do not create a private right of action; they are enforced by the Council through prosecution.

The absence of litigation in the source material suggests that the regulations have not been the subject of high‑profile disputes, or that disputes have been resolved at the administrative level without reaching a court. However, the broad discretionary powers given to the Council (e.g., to approve qualifications, to impose conditions on exemptions, to require qualifications for other activities under regulation 4) could potentially be challenged on grounds of unreasonableness or ultra vires if applied arbitrarily. No such challenge is recorded in the regulations.

Several aspects of the regulations may catch practitioners off guard. First, the definition of “approved” in regulation 2 is circular: approved means approved by the Council. This gives the Council complete discretion. A person who has obtained a radiation safety qualification from a TAFE college, university, or national body cannot rely on it unless the Council has specifically approved it. There is no list of approved qualifications in the regulations, so a candidate must enquire with the Council before assuming their existing credential is sufficient. Failure to do so could result in a finding that they have contravened regulation 3.

Second, regulation 3(2) allows the Council to grant an exemption subject to “conditions, restrictions or limitations as the Council may under section 36 of the Act impose.” Section 36 of the Act (not reproduced in the regulations) likely allows the Council to impose conditions on licences. This means that even if an exemption is granted, it may be temporary, limited to a specific location, or tied to supervision requirements. A person who relies on an exemption must read the conditions carefully, because a breach of a condition could mean they are no longer exempt, and they may be committing an offence.

Third, regulation 4 permits the Council to require qualifications for use of radioactive substances, irradiating apparatus, or electronic products other than those listed in regulation 3. This is not a one‑size‑fits‑all; the Council can issue a direction to a particular person or class of persons. If you operate an irradiating apparatus for a purpose not listed (e.g., a medical linear accelerator for radiotherapy), you might assume no qualification is needed because it is not in regulation 3. But the Council could later issue a requirement that you must pass an examination within a specified period. There is no grandfathering clause indicated.

Fourth, the syllabus in Schedule 1 includes item 8: knowledge of the Radiation Safety Act and regulations “together with all amendments”. This means that every time the Act or these regulations are amended, the examination content automatically changes. A person who passed the examination years ago and wants to rely on that pass (if no time limit applies) may nonetheless be unaware of subsequent amendments. If the Council determines that the pass is no longer current, or if the syllabus has changed, the person might need to resit. The regulations do not state that a pass is valid indefinitely.

Fifth, the fee for chiropractic radiography examinations under Schedule 2 item 1 is tiered: $800 for the full restricted spinal examination, $800 for both restricted and extended, but $400 for the extended alone or for part examinations. This structure means that a candidate who initially takes only part of the examination and later wishes to complete it may end up paying more overall. Also, item 2 sets a flat $70 per subject for other syllabuses, but the Council decides what constitutes a “subject”. There is no cap on the number of subjects the Council may require for a particular activity, so the total fee could be higher than appears at first glance.

Sixth, the penalty is only $1,000, which is low. However, the real cost of non‑compliance may include suspension or cancellation of any licence held under the Act. A person found working without the required qualification may also face professional discipline by their own regulatory body (e.g., the Chiropractors Registration Board). The regulations do not create a specific defence of reasonable mistake, so strict liability likely applies.

The first step is to identify whether your intended activity falls within regulation 3(1)(a) or (c). If you will use irradiating apparatus for chiropractic radiography or industrial radiography, or use radioactive substances for industrial radiography or veterinary therapy, or install or repair X‑ray apparatus or equipment incorporating radioactive substances, then you must comply.

There are three routes to compliance: pass the examination, hold an approved qualification, or obtain an exemption.

If you choose the examination route, you must contact the Council to determine the appropriate syllabus subjects for your intended activity. The Council will select from the list in Schedule 1. You can obtain the list of standards, rules, codes and specifications free of charge at the Council’s office (regulation 5(2)). You should study the Radiation Safety Act and regulations, as they are part of the syllabus. Then you must pay the fee set out in Schedule 2. For chiropractic radiography, the fee is $800 for the full restricted spinal examination, or $400 for part. For other subjects, the fee is $70 per subject. After paying, you sit the examination conducted by or on behalf of the Council. Upon passing, you receive some evidence (presumably a certificate) that you can produce to demonstrate compliance.

If you already hold a qualification (e.g., from a university course or from prior work in another jurisdiction), you must apply to the Council to have it approved. The Council may grant or refuse approval. There is no specified time limit for this decision, so you should apply well before you intend to start work. If the Council refuses, you cannot rely on that qualification and must either pass the examination or seek an exemption.

If you wish to apply for an exemption under regulation 3(2), you must make an application to the Council. The Council will decide whether to grant it, and may impose conditions. The exemption is not a right; you must demonstrate why you should be exempt. You should comply with any conditions exactly, because breach may void the exemption.

If your activity is not listed in regulation 3 but you are directed by the Council under regulation 4 to obtain a qualification, you must comply within the period specified. The Council will likely inform you in writing. The same compliance routes (examination, approved qualification, or exemption) apply.

For ongoing compliance, keep records of your qualification or exemption. If the Council amends the regulations or the syllabus, check whether your qualifications remain current. Although the regulations do not impose a periodic recertification requirement, the Council might use its discretion to require requalification for changed practices.

Finally, ensure that any employee or contractor you engage to perform these activities also complies. The prohibition in regulation 3 applies directly to the individual, but an employer who knowingly allows an unqualified person to work may be liable as an accessory under the Act or under general criminal law principles. It is prudent to request sight of the individual’s examination pass, approved qualification, or exemption before they start work.