Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Schedule 15 Medical radiation scientists
(see s 4 and sch 1)
Note to sch 15
The Act and Regulation contain other provisions that apply to applications for registration and the regulation of the profession under this schedule, for example:
• under the Act, s 37 (1) (b), an applicant must have a knowledge of written and spoken English that is adequate to allow the person to practise
• under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act
• under s 112, certain matters must be included in an application for registration
• under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider—
(a) whether the person is mentally and physically well enough to practise; and
(b) whether the person has communication skills that allow the person to practise effectively without endangering patients; and
(c) whether the person has an addiction to alcohol, another drug or another substance that may affect the person's ability to practise; and
(d) whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; and
(e) whether the person's experience is recent and sufficient to allow the person to practise.
15.1 Definitions—sch 15
In this schedule:
"board" means the ACT Medical Radiation Scientists Board.
"diagnostic radiographer" means an individual who is registered as a diagnostic radiographer under this schedule.
"medical radiation scientist "means an individual who is—
(a) a diagnostic radiographer; or
(b) a radiation therapist; or
(c) a nuclear medicine scientist.
"nuclear medicine scientist" means an individual who is registered as a nuclear medicine scientist under this schedule.
"radiation therapist "means an individual who is registered as a radiation therapist under this schedule.
"regulatory authority" means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the medical radiation science profession in the jurisdiction or place.
Note A local jurisdiction is a State or New Zealand (see Act, dict).
15.2 General area of operation of diagnostic radiographer profession—Act, s 22 (1) (a)
(1) The practice of a diagnostic radiographer involves—
(a) producing images using ionising radiation and other modalities to help in the diagnosis and management of disease or injury in humans; and
(b) ensuring diagnostic radiography imaging equipment used by the radiographer is accurate and safe.
Note The Radiation Protection Act 2006 , div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source.
(2) The practice of a diagnostic radiographer also includes the following:
(a) giving advice about radiography issues to other health professionals;
(b) conducting radiography research;
(c) educating and training people in the diagnostic radiographer profession;
(d) giving information to patients about a procedure relating to diagnostic radiography.
15.3 General area of operation of radiation therapist profession—Act, s 22 (1) (a)
(1) The practice of a radiation therapist involves—
(a) developing, implementing and evaluating radiation therapy treatment plans to contain, cure or relieve disease or injury in humans; and
(b) ensuring radiation therapy equipment used by the therapist is accurate and safe.
Note The Radiation Protection Act 2006 , div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source.
(2) The practice of a radiation therapist also includes the following:
(a) giving advice about radiation therapy issues to other health professionals;
(b) conducting radiation therapy research;
(c) educating and training people in the radiation therapy profession;
(d) giving information to patients about a procedure relating to radiation therapy.
15.4 General area of operation of nuclear medicine scientist profession—Act, s 22 (1) (a)
(1) The practice of a nuclear medicine scientist involves—
(a) preparing, dispensing and administering radiopharmaceuticals to help in—
(i) the diagnosis of disease or injury in humans; and
(ii) the palliation or treatment of disease in humans; and
(b) preparing patients for nuclear medicine diagnostic or therapeutic procedures; and
(c) using radioactive material for haematological investigations; and
(d) securing radioactive material and waste for disposal.
Note The Radiation Protection Act 2006 , div 3.1 (Safety duties) imposes certain duties on people who deal with a regulated radiation source. "Deal" with includes disposes of the radiation source and, for radioactive material, stores, packs or transports the material.
(2) The practice of a nuclear medicine scientist also includes the following:
(a) giving advice about nuclear medicine issues to other health professionals;
(b) conducting nuclear medicine research;
(c) educating and training people in the nuclear medicine scientist profession;
(d) giving information to patients about a procedure relating to nuclear medicine.
15.5 Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)
To practise as a diagnostic radiographer, an individual—
(a) must have—
(i) a degree or diploma in medical radiation science (diagnostic radiography) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1 A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2 Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(ii) completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
(b) must hold a current validated statement of accreditation in diagnostic radiography (however described) issued by the Australian Institute of Radiography; or
(c) must have completed—
(i) a course of education in diagnostic radiography at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
(ii) training in diagnostic radiography at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.6 Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)
To practise as a radiation therapist, an individual—
(a) must have—
(i) a degree or diploma in medical radiation science (radiation therapy) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1 A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2 Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(ii) completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
(b) must hold a current validated statement of accreditation in radiation therapy (however described) issued by the Australian Institute of Radiography; or
(c) must have completed—
(i) a course of education in radiation therapy at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
(ii) training in radiation therapy at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.7 Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)
To practise as a nuclear medicine scientist, an individual—
(a) must have—
(i) a degree in medical radiation science (nuclear medicine) (however described) conferred by an Australian or New Zealand tertiary institution that is approved by the board or is a qualification for registration in a local jurisdiction; and
Note 1 A local jurisdiction is a State or New Zealand (see Act, dict).
Note 2 Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
(ii) completed a period of supervised training that is approved by the board or is acceptable for registration in a local jurisdiction; or
(b) must have a certificate of accreditation awarded by the Australian and New Zealand Society of Nuclear Medicine Incorporated; or
(c) must have completed—
(i) a course of education in nuclear medicine at a place outside Australia or New Zealand that is approved by the board or is a qualification for registration in a local jurisdiction; and
(ii) training in nuclear medicine at a place outside Australia or New Zealand that is approved by the board or is acceptable for registration in a local jurisdiction.
15.8 Maintenance and demonstration of professional development, continued competence and recency of practice for medical radiation scientists—Act, s 23 (d)
(1) To demonstrate adequate professional development when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence that the applicant—
(a) has attended and satisfactorily completed a training program approved by the board; or
(b) has undertaken professional development activities; or
(c) otherwise demonstrates professional development that the board considers adequate.
(2) To demonstrate continuing competence when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence of the applicant's competence assessed against the board's standards statement.
(3) To demonstrate recency of practice when applying for registration as a medical radiation scientist, the applicant must, for the kind of medical radiation scientist the applicant is applying to be registered as, if required by the board, give the board written evidence that the applicant—
(a) has practised as the kind of medical radiation scientist in the 5 years before the day the application is made; or
(b) has attended and satisfactorily completed a training program approved by the board; or
(c) otherwise demonstrates recency of practice that the board considers adequate.
(4) In this section:
"professional development activity"—an activity is a professional development activity if it complies with a standard about professional development for medical radiation scientists developed or endorsed under section 131.
Note 1 Register , a person, includes renew the person's registration (see Act, dict).
Note 2 For application requirements, see s 112.
15.9 Board membership—Act, s 24
(1) The board is made up of 7 appointed members including the president.
(2) The members must be—
(a) 2 diagnostic radiographers; and
(b) 2 radiation therapists; and
(c) 2 nuclear medicine scientists; and
(d) a community representative.
(3) The president of the board must be a medical radiation scientist.
(4) If the Minister has taken all reasonable steps to appoint a member from a particular profession (the prescribed profession ) for subsection (2) and has been unable to do so, the Minister may appoint temporarily—
(a) if the prescribed profession is a diagnostic radiographer—a radiation therapist or nuclear medicine scientist; or
(b) if the prescribed profession is a radiation therapist—a diagnostic radiographer or nuclear medicine scientist; or
(c) if the prescribed profession is a nuclear medicine scientist—a diagnostic radiographer or radiation therapist.
(5) An appointment under subsection (4) ends when the Minister appoints a member from the prescribed profession.
15.10 Required insurance policy—Act, s 37 (1) (d)
(1) A medical radiation scientist must maintain a policy of professional indemnity insurance at a level approved by the board.
(2) However, subsection (1) does not apply to a medical radiation scientist if the scientist—
(a) is covered by professional indemnity insurance (the other insurance ) other than insurance maintained by the medical radiation scientist; and
(b) only practises as a medical radiation scientist while covered by the other insurance.
15.11 Conditional registration of student and graduate diagnostic radiographers—Act, s 37 (5) (b)
(1) The board may register an individual as a diagnostic radiographer if satisfied—
(a) that the individual—
(i) is enrolled in a course the satisfactory completion of which results in the conferral of a degree or award of a diploma mentioned in section 15.5 (a) (i) (Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)); or
(ii) has a degree or diploma, mentioned in section 15.5 (a) (i); or
(iii) holds a statement of accreditation mentioned in section 15.5 (b); or
(iv) is a graduate of, or enrolled in, a course of education or training that is approved under section 15.5 (c); and
(b) that the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of diagnostic radiographers in the ACT;
(ii) undergo a period of practice under supervision as a diagnostic radiographer to allow the individual to become registered in the ACT.
(2) Registration under this section is subject to the condition that the individual only practises as a diagnostic radiographer—
(a) under the supervision of a diagnostic radiographer whose registration entitles the radiographer to practise diagnostic radiography without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.12 Conditional registration of student and graduate radiation therapists—Act, s 37 (5) (b)
(1) The board may register an individual as a radiation therapist if satisfied—
(a) that the individual—
(i) is enrolled in a course the satisfactory completion of which results in the conferral of a degree or award of a diploma mentioned in section 15.6 (a) (i) (Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)); or
(ii) has a degree or diploma, mentioned in section 15.6 (a) (i); or
(iii) holds a statement of accreditation mentioned in section 15.6 (b); or
(iv) is a graduate of, or enrolled in, a course of education or training that is approved under section 15.6 (c); and
(b) that the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of radiation therapists in the ACT;
(ii) undergo a period of practice under supervision as a radiation therapist to allow the individual to become registered in the ACT.
(2) Registration under this section is subject to the condition that the individual only practises as a radiation therapist—
(a) under the supervision of a radiation therapist whose registration entitles the therapist to practise radiation therapy without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.13 Conditional registration of student and graduate nuclear medicine scientists—Act, s 37 (5) (b)
(1) The board may register an individual as a nuclear medicine scientist if satisfied—
(a) that the individual—
(i) is enrolled in a course the satisfactory completion of which results in the conferral of a degree mentioned in section 15.7 (a) (i) (Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)); or
(ii) has a degree mentioned in section 15.7 (a) (i); or
(iii) has a certificate mentioned in section 15.7 (b); or
(iv) is a graduate of, or enrolled in, a course of education or training that is approved under section 15.7 (c); and
(b) that the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of nuclear medicine scientists in the ACT;
(ii) undergo a period of practice under supervision as a nuclear medicine scientist to allow the individual to become registered in the ACT.
(2) Registration under this section is subject to the condition that the individual only practises as a nuclear medicine scientist—
(a) under the supervision of a nuclear medicine scientist whose registration entitles the scientist to practise nuclear medicine without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.14 Conditional registration of diagnostic radiographer with unapproved qualifications—Act, s 37 (5) (b)
(1) The board may register an individual as a diagnostic radiographer if satisfied that—
(a) the individual—
(i) has a degree or diploma in medical radiation science (diagnostic radiography) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.5 (a) (i) Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a); or
(ii) has completed a course of education or training in diagnostic radiography at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.5 (c); and
(b) the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of diagnostic radiographers in the ACT;
(ii) undergo a period of practice under supervision as a diagnostic radiographer to allow the individual to become registered in the ACT.
(2) Registration under this section is subject to the condition that the individual only practises as a diagnostic radiographer—
(a) under the supervision of a diagnostic radiographer whose registration entitles the radiographer to practise diagnostic radiography without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.15 Conditional registration of radiation therapist with unapproved qualifications—Act, s 37 (5) (b)
(1) The board may register an individual as a radiation therapist if satisfied that—
(a) the individual—
(i) has a degree or diploma in medical radiation science (radiation therapy) (however described) conferred or awarded by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.6 (a) (i) Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a); or
(ii) has completed a course of education or training in radiation therapy at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.6 (c); and
(b) the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of radiation therapists in the ACT;
(ii) undergo a period of practice under supervision as a radiation therapist to allow the individual to become registered in the ACT.
(2) Registration in accordance with this section is subject to the condition that the individual only practises as a radiation therapist—
(a) under the supervision of a radiation therapist whose registration entitles the therapist to practise radiation therapy without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.16 Conditional registration of nuclear medicine scientist with unapproved qualifications—Act, s 37 (5) (b)
(1) The board may register an individual as a nuclear medicine scientist if satisfied that—
(a) the individual—
(i) has a degree in medical radiation science (nuclear medicine) (however described) conferred by an Australian or New Zealand tertiary institution that is not approved by the board or is not a qualification for registration in a local jurisdiction under section 15.7 (a) (i) Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a); or
(ii) has completed a course of education or training in nuclear medicine at a place outside Australia or New Zealand that is not approved by the board or not a qualification, or acceptable, for registration in a local jurisdiction under section 15.7 (c); and
(b) the individual needs to be registered to do 1 or both of the following:
(i) undertake further education or training approved by the board to achieve the standard required of nuclear medicine scientists in the ACT;
(ii) undergo a period of practice under supervision as a nuclear medicine scientist to allow the individual to become registered in the ACT.
(2) Registration in accordance with this section is subject to the condition that the individual only practises as a nuclear medicine scientist—
(a) under the supervision of a nuclear medicine scientist whose registration entitles the scientist to practise nuclear medicine without supervision; and
(b) if the individual needs to undertake further education—as part of the education.
15.17 Conditional registration for medical radiation scientists who want to teach etc—Act, s 37 (5) (b)
(1) This section applies if—
(a) an individual has applied for registration as a medical radiation scientist; and
(b) the individual needs to be registered to take up a teaching or research position.
(2) The board may register the individual—
(a) if satisfied that the individual has qualifications the board considers appropriate for the position the individual intends to take up; and
(b) if the individual provides a letter of offer from the individual's prospective employer stating the conditions of employment and giving the name of the individual's proposed supervisor.
15.18 Conditional registration not limited
This schedule does not limit when a medical radiation scientist may be conditionally registered or the conditions that may be imposed on registration.
15.19 Registration end date—regulation, s 120 (b) (i)
The day fixed for the end of a period of registration of a medical radiation scientist is the 30 November following the registration.
15.20 Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)—transitional
(1) This section applies if an individual—
(a) practised as a diagnostic radiographer in the ACT immediately before the day this section commences; and
(b) does not satisfy the requirements of section 15.5 (Qualifications for suitability to practise requirements for diagnostic radiographers—Act, s 23 (a)).
(2) Despite section 15.5, the board may register the individual as a diagnostic radiographer if—
(a) the individual—
(i) holds a qualification that the board considers to be substantially equivalent to a qualification mentioned in section 15.5; or
(ii) has practised as a diagnostic radiographer in the ACT or a local jurisdiction for a continuous period of at least 1 year immediately before the day this section commences; and
(b) the individual satisfies the board that the individual has the skills, knowledge and experience that are of a standard suitable to practise as a diagnostic radiographer; and
(c) the individual applies to be registered before 30 November 2009; and
(d) the individual has not previously been registered under this section.
(3) In this section:
"continuous period", of practice, includes any period or periods of absence from practice the total of which is not more than 2 months.
15.21 Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)—transitional
(1) This section applies if an individual—
(a) practised as a radiation therapist in the ACT immediately before the day this section commences; and
(b) does not satisfy the requirements of section 15.6 (Qualifications for suitability to practise requirements for radiation therapists—Act, s 23 (a)).
(2) Despite section 15.6, the board may register the individual as a radiation therapist if—
(a) the individual—
(i) holds a qualification that the board considers to be substantially equivalent to a qualification mentioned in section 15.6; or
(ii) has practised as a radiation therapist in the ACT or a local jurisdiction for a continuous period of at least 1 year immediately before the day this section commences; and
(b) the individual satisfies the board that the individual has the skills, knowledge and experience that are of a standard suitable to practise as a radiation therapist; and
(c) the individual applies to be registered before 30 November 2009; and
(d) the individual has not previously been registered under this section.
(3) In this section:
"continuous period", of practice—see section 15.20 (3).
15.22 Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)—transitional
(1) This section applies if an individual—
(a) practised as a nuclear medicine scientist in the ACT immediately before the day this section commences; and
(b) does not satisfy the requirements of section 15.7 (Qualifications for suitability to practise requirements for nuclear medicine scientists—Act, s 23 (a)).
(2) Despite section 15.7, the board may register the individual mentioned as a nuclear medicine scientist if—
(a) the individual—
(i) holds a qualification that the board considers to be substantially equivalent to a qualification mentioned in section 15.7; or
(ii) has practised as a nuclear medicine scientist in the ACT or a local jurisdiction for a continuous period of at least 1 year immediately before the day this section commences, and
(b) the individual satisfies the board that the individual has the skills, knowledge and experience that are of a standard suitable to practise as a nuclear medicine scientist; and
(c) the individual applies to be registered before 30 November 2009; and
(d) the individual has not previously been registered under this section.
(3) In this section:
"continuous period", of practice—see section 15.20 (3).
15.23 Renewal of registration mentioned in s 15.20-15.22
The board may renew an individual's registration mentioned in section 15.20, section 15.21 or section 15.22 if—
(a) the individual's registration has not ended under section 124 (1) (a) or (b) (When does registration end?); or
(b) if the individual's registration has ended under section 124 (1) (a)—the individual's registration was renewed under section 127 (Late payment of the registration) or section 128 (Retrospective re-registration).
15.24 Board membership—Act, s 24—transitional
(1) The Minister may, under section 5 (Board president), appoint a member of the board appointed under subsection (2) to be president of the board.
Note 1 For making of appointments (including acting appointments), see the Legislation Act, pt 19.3
Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2) The Minister may, under section 10 (Appointment of board members), appoint a person to be a member of the board, other than as the community representative, if satisfied the person—
(a) has appropriate qualifications and expertise to practise as a medical radiation scientist; and
(b) has practised as a medical radiation scientist in the ACT or a local jurisdiction for a continuous period of at least 3 years immediately before the day of the appointment, whether or not the person is or has been registered.
(3) The Minister may appoint a person, other than a person mentioned in subsection (2), to be the first community representative member if satisfied that the person has interests, skills or qualifications that will help the board in carrying out the main object of the Act.
Note The main object of the Act is set out in the Act, s 13.
(4) Subsections (1) to (3) have effect despite any of the following:
(a) section 5 (2) (Board president);
(b) section 10 (2) and (4) (Appointment of board members);
(c) section 12 (Community representatives);
(d) section 15.9 (Board membership—Act, s 24).
(5) In this section:
"continuous period", of practice, includes any period or periods of absence from practice the total of which is not more than 6 months.
15.25 Expiry—s 15.20 to 15.25
(1) Sections 15.20 to 15.23 expire on 30 November 2010.
(2) Section 15.24 and this section expire on 30 November 2012.
(3) Sections 15.20 to 15.24 and this section are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.