Towards Uniformity of Radiation Protection Legislation in a Multi-jurisdictional country- the Australian Experience

Australia is a federation of nine jurisdictions, each with independent radiation protection legislation. The existing legislative non-uniformity across the jurisdictions has constituted an impediment for operators who must comply with differing legislative requirements in different jurisdictions. To address this issue, a National Competition Policy Review of Radiation Protection Legislation took place in 2000/2001. It has produced 19 Recommendations, which addressed objectives of the legislation, the need to regulate, alternative regulatory approaches, national uniformity, licensing and registration, strict and prescriptive standards, advertising and promotional activities, compliance costs and cost recovery issues. The Review has recommended that jurisdictions should retain the regulatory approach to achieve radiation protection objectives rather than leave them to be decided by market forces. But the approach should be performance-based, i.e. outcome-focused rather than prescriptive. An Implementation Plan of the Recommendations has been created which, by the end of 2004, will produce the National Directory for Radiation Protection. The Directory, which will become a consolidated repository of radiation protection standards, guidelines, codes of practice and administrative principles will provide a uniform national framework for radiation protection legislation in Australia. It will provide guidance for the jurisdictions redrawing their legislations. Because of its central role in shaping future legislation, the Directory will contain only those provisions, which have passed a formal process (process for issue resolution) concluded by an approval by the Australian Health Ministers Conference. Such process will also expedite the uniform adoption nationwide of legislative trends emerging from international radiation protection recommendations and standards. This Australian model might be a viable example for other multi-jurisdictional countries to consider, provided they possess a clear vision of their radiation protection legislative goals, foster an environment conducive towards legislative uniformity, have an agency capable of coordinating and reconciling often diverse interests of the jurisdictions and, last but not least, genuinely strive to achieve the regulatory uniformity. (Author) 7 refs