Laser Regulations in Victoria

Commonwealth entities

Commonwealth entities are regulated by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). ARPANSA does not have jurisdiction over private employers in Victoria as they are governed by state legislation. However, ARPANSA remains relevant as a source of guidance for both employers and employees. The Victorian Department of Health (2024) directs providers of cosmetic laser, IPL and LED treatments to ARPANSA's advice for treatment providers, which covers qualifications and training, client assessment, relevant standards and hazard management.

Radiation Act (2005)

The Radiation Act (2005) governs the use, management and transport of radiation in Victoria, administered by the Department of Health. It does not license or regulate the use of lasers. Unlike several other states, including Queensland, Tasmania and Western Australia, Victoria has no laser licensing requirement.

Public Health and Wellbeing Act (2008)

Although the Radiation Act (2005) does not govern the use of lasers, cosmetic laser and IPL operators do have obligations under other Victorian law. The Infection prevention and control guidelines for the hair, beauty, tattooing and skin penetration industries (2019) support the Public Health and Wellbeing Act (2008) Under these guidelines,

  • Employers “should follow ‘AS/NZS 4173:2018 Guide to the safe use of lasers in health care’ and ‘AS/NZS IEC 60825.14:2011 Safety of laser products, Part 4 [sic]: A user’s guide’”. Note that the guidelines reference the superseded 2011 edition and that the current edition is 2022.

  • Staff need to undergo training before they can use any laser.

  • Staff and clients should wear laser protective eyewear.

  • Proper cleaning and disinfection protocols should be followed.

This means that registered premises in these industries may have a legal obligation to follow Australian standards, even though standards are not otherwise binding in Victoria. Note that the guideless mandate training is needed before the use of any laser, not just Class 3B and Class 4 lasers.

Occupational Health and Safety Act (2004)

The Occupational Health and Safety Act (2004) protects the health, safety and welfare of employees and other people at work in Victoria. Under Division Two of the Act, employers must provide and maintain a work environment that so far as is reasonably practicable, is safe and without risks to health. Under Division Four of the Act, employees must take reasonable care of their own health and safety and of the health and safety of others affected by their acts or omissions. They must cooperate with any action the employer takes to comply with health and safety law, and must not interfere with or misuse anything provided at the workplace in the interests of health and safety.

Occupational Health and Safety Regulations (2017)

The Occupational Health and Safety Regulations (2017) set out how employers and employees meet the requirements of the Act. Under the regulations, lasers fall within the definition of plant. this means that employers using lasers generally have a legal obligation to follow the regulations associated with plant. Some of these regulations are outlined below in the context of laser use:

  • Regulation 97: An employer must, so far as is reasonably practicable, identify all hazards associated with the use of [lasers] in the workplace.

  • Regulation 98: An employer or self-employed person must, so far as is reasonably practicable, eliminate any or reduce risk associated with [lasers].

  • Regulation 121: An employer must review and, if necessary, revise any measures implemented to control risks associated with [lasers] or its associated systems of work

  • Regulation 122:  An employer must ensure that employees likely to be exposed to any risk associated with a hazard are trained in the processes used for hazard identification and control of risk, the safety procedures associated with the use of the lasers at the workplace; and the use, fit, testing and storage of personal protective equipment.

  • Regulation 123: An employer must ensure that a person involved in a plant activity is provided with information, on how the activity can be carried out to ensure, so far as is reasonably practicable, the health and safety of the person.

 

Complying with best practice

Australian standards are not generally legally binding unless called up by a regulation. However following them may be recommended; it may help demonstrate that reasonably practicable steps were taken to protect health and safety. Employers and employees may demonstrate a commitment to best practice by following the requirements of AS/NZS IEC 60825.14:2022.

WorkSafe Victoria also publishes resources on plant and OHS duties and operates an advisory service for specific queries. Following these resources may also help demonstrate reasonably practicable steps are taken to control workplace hazards.

 

This article is for educational purposes only and does not replace independent legal advice.

 

Oliver Ried, B.Vis Sci, M.Optom, Grad Cert OHS

 

 

Standards Australia (2022). Safety of laser products, Part 14: A user’s guide, Standards Australia.

              

Victorian Department of Health (2024). "Lasers, IPL and LED devices for cosmetic treatments and beauty therapy." Retrieved 15/09/2026, from https://www.health.vic.gov.au/radiation/lasers-ipl-and-led-devices-for-cosmetic-treatments-and-beauty-therapy.

              

Victorian Government (2004). Occupational Health and Safety Act

              

Victorian Government (2005). Radiation Act, Victorian Government.

              

Victorian Government (2008). Public Health and Wellbeing Act.

              

Victorian Government (2019). Infection prevention and control guidelines for the hair, beauty, tattooing and skin penetration industries Department Of Health.