Overview

Queensland Health provides detailed practical guidance on complying with the radiation regulations, tailored to specific professions, along with online forms for advice, enquiries and notifications. Queensland readers are strongly encouraged to visit this page:

Radiation licensing and regulation | Queensland Health

However, while Queensland Health describes the Radiation Safety Act (1999) in depth, it is also important to understand the requirements of the Work Health and Safety Act (2011), which is relevant to all PCBUs and workers in the context of laser use. The following article provides a brief summary of the regulation of lasers in Queensland, drawing on both the Radiation Safety Act (1999) and the Work Health and Safety Act (2011). This article does not discuss the Weapons Act (1990).

Governance of lasers in Queensland

Commonwealth entities that use lasers are generally regulated by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). Non-Commonwealth PCBUs in Queensland are primarily regulated through state legislation, including the:

●       Radiation Safety Act (1999) and Radiation Safety Regulation (2021a)

●       Work Health and Safety Act (2011) and Work Health and Safety Regulation (2011)

Work health and safety duties apply to all workplace lasers.

When a laser licence is required in Queensland

Whether the radiation licensing scheme applies on top of WHS duties comes down to whether the laser is classified as a “laser apparatus”. According to the Radiation Safety Regulation (2021a), a laser is a laser apparatus if it meets both of the following criteria:

●       it could reasonably be used to carry out a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person;

AND

●       it has an accessible emission limit greater than that of a class 3B laser as defined by AS/NZS IEC 60825.1-2014.

In practice, this means a laser apparatus is generally a Class 4 laser capable of being used in a health or cosmetic setting. The definition of laser apparatus matters because when a laser meets the criteria, it requires both a Possession Licence and a Use Licence (Queensland Health, 2026).

A laser in Queensland that could not reasonably be used to carry out a diagnostic, therapeutic or cosmetic procedure usually does not require a possession or use licence, provided it complies with the engineering control and signage requirements in clauses 6 and 7 of AS/NZS IEC 60825.1-2014.

Lasers that are not laser apparatus remain subject to the Work Health and Safety Act (2011) and the Work Health and Safety Regulation (2011), which are outlined below.

Work Health and Safety Act (2011)

Similar to most Australian jurisdictions, Queensland has incorporated the model Work Health and Safety laws into their own legislation. This legislation includes the Work Health and Safety Act (2011) and the Work Health and Safety Regulation (2011). These generally apply to all PCBUs in Queensland, including those who also hold licences under the Radiation Safety Act (1999). Some relevant components of the WHS Regulation to laser use are outlined below.

Section 223 applies to a person with management or control, at a workplace, of laser equipment that may create a risk to health and safety. The section sits in the plant chapter of the Regulation and its duties are framed around laser equipment used on plant. Key requirements of section 223 include:

●       Laser equipment intended for use on plant must be designed, constructed and installed so as to prevent accidental irradiation of any person.

●       Laser equipment on plant must be protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.

●       Visual equipment used for the observation or adjustment of laser equipment on plant must cause no risk to health or safety from laser rays.

●       Workers operating the laser equipment must be trained in the proper operation of the equipment.

●       Class 3B and Class 4 lasers, within the meaning of AS 2397:2015 — Safe use of lasers in the building and construction industry, must not be used in construction work.

WHS Sections 34 to 39

Sections 34 to 39 are not specific to lasers, however they are relevant to all PCBUs including those who use lasers. Under these sections, a duty holder must:

●       Identify hazards (section 34)

●       Manage risks to health and safety (section 35)

●       Eliminate risks so far as is reasonably practicable, and where that is not reasonably practicable, minimise them in accordance with the hierarchy of control measures (section 36)

●       Maintain and review control measures (sections 37 and 38)

●       Provide information, training and instruction that is readily understandable by the workers to whom it is provided (section 39)

WHS Section 44

Section 44 is not specific to lasers, however it is a general obligation of PCBUs where personal protective equipment is required, and by extension includes laser safety eyewear. The PCBU who directs the carrying out of work must ensure that personal protective equipment is provided and:

●       Suitable to the nature of the work and any hazard associated with the work

●       A suitable size and fit and reasonably comfortable for the worker who is to use or wear it

●       Maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is clean and hygienic and in good working order

●       Used or worn by the worker so far as is reasonably practicable

The PCBU must also provide the worker with information, training and instruction in the proper use and wearing of personal protective equipment, and in its storage and maintenance.

WHS Section 46

Section 46 is not specific to lasers, however it is a general obligation of workers where personal protective equipment is required to be worn. This includes laser safety eyewear when applicable.

●       The worker must use or wear the equipment in accordance with any information, training or reasonable instruction given by the PCBU, so far as the worker is reasonably able

●       The worker must not intentionally misuse or damage the equipment

●       The worker must inform the PCBU of any damage to, defect in, or need to clean or decontaminate any personal protective equipment

Radiation Safety Act (1999)

The Radiation Safety Act (1999) is administered by Radiation Health, part of Queensland Health. It regulates the possession, acquisition, supply, transport and disposal of radiation sources. The Radiation Safety Regulation (2021a) outlines the practical requirements for complying with the Act. Subject to any applicable exemptions, under the Radiation Safety Act and Regulation:

●       The business or individual with overall ownership and control of a laser apparatus needs a Possession Licence unless exempted (section 12 of the Act).

●       Every person who operates a laser apparatus needs a Use Licence unless exempted (section 13 of the Act).

●       A possession licensee must have an approved radiation safety and protection plan, describing the practice, the risks, how they will be managed, and how safety measures will stay effective (sections 28 and 29 of the Act).

●       The equipment and premises must be certified by a person accredited under the Act, before use and periodically thereafter (section 18 of the Act).

●       A radiation safety officer must be appointed (section 35 of the Act). Their functions include arranging training, checking that the plan and the relevant radiation safety standard are being complied with, and reporting any contravention to the licensee (section 37 of the Act).

Note that sections 12 and 13 of the Act apply to any radiation source, which includes most lasers. Section 97 of the Radiation Safety Regulation is what exempts lasers that are not laser apparatus from the possession and use licence requirements, provided they comply with clauses 6 and 7 of AS/NZS IEC 60825.1-2014.

Radiation Safety Standards

Radiation safety standards are made under section 16 of the Act and establish the minimum safety criteria for radiation sources and the premises where they are used

Of the five standards, three relate to ionising radiation and do not necessarily apply to lasers. Two apply to laser apparatus.

Standard for non-ionising radiation apparatus—medical or cosmetic procedures, or related practices (2021b)

●       Applies to medical, cosmetic, dental and related practices

●       Sets the minimum performance expectations and test requirements for a laser apparatus used to carry out a medical or cosmetic procedure, or a related practice.

Standard for premises—non-ionising radiation apparatus (2021c)

●       Applies to businesses that use laser apparatus.

●       Sets the minimum performance expectations and test requirements for premises in which a laser apparatus is used to carry out a medical or cosmetic procedure, or a related practice.

Further resources

As previously discussed, Queensland Health publishes detailed practical guidance on laser regulation. Readers seeking procedural detail should refer to it directly. In addition to this information, readers should also consider the WHS Act and Regulation outlined above. The WHS Act and Regulation are administered by WorkSafe Queensland, who at the time of writing do not appear to have publicly available resources specifically relating to laser risk management. WorkSafe Queensland do have an online enquiry form where PCBUs can ask a work health and safety question.

Contact | WorkSafe.qld.gov.au

Radiation licensing and regulation | Queensland Health

This article is for educational purposes only and does not replace independent legal advice. This summary is general information only and may not apply to every workplace or laser type.

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

Appendix 1 — Provisions of the Radiation Safety Regulation 2021 relevant to lasers

Provision

What it requires

Section 6

Prescribes a laser as a radiation apparatus where it emits above the accessible emission limit for a class 1 laser.

Schedule 9

Defines laser apparatus as a laser that could reasonably be used on a person for a diagnostic, therapeutic or cosmetic procedure and that emits above the class 3B accessible emission limit. Defines laser standard as AS/NZS IEC 60825.1-2014.

Section 97

Exempts a radiation apparatus that is a laser, other than a laser apparatus, from sections 12, 13, 23, 24, 25, 27 and 27A of the Act, conditional on compliance with clauses 6 and 7 of the laser standard.

Section 8(1)(f)

A certificate of compliance must be obtained every 1 year for a laser apparatus used to carry out a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person.

Section 13

Before disposing of a radiation apparatus, all radiation warning signs must be removed or made illegible. Does not apply to a laser that is not a laser apparatus.

Section 14

The radiation safety plan must prescribe safe handling procedures, procedures for safe use, quality control procedures, and remediation procedures for an accident that could reasonably be expected to happen.

Section 15

The radiation safety plan must prescribe how access to, and use of, the radiation source is controlled.

Section 17

The radiation safety plan must prescribe supply of safety devices and personal protective equipment. See Appendix 2.

Section 18

The radiation safety plan must prescribe a register recording who used the source, and any quality control procedures and their outcomes.

Section 22

Where the practice involves a procedure on a person, the plan must prescribe personal protective equipment for that person, procedures ensuring they wear it, and a register recording the date and details of each exposure.

Section 26

Prescribes the maximum interval at which the radiation safety officer monitors or assesses the source and premises.

Section 48

Prescribes radiation safety officer qualifications.

Section 49

Extends radiation safety officer training duties to observers and others involved in carrying out the procedure.

Sections 61 to 63

Prescribe radiation dose limits for exposure to non-ionising radiation, including during a cosmetic procedure.

Appendix 2 — Section 17 of the Radiation Safety Regulation: personal protective equipment

Section 17 governs the supply of safety devices and personal protective equipment, including laser protective eyewear. For personal protective equipment, the radiation safety and protection plan must include:

●       the persons who are to wear the equipment, described by reference to the nature of their involvement in carrying out the radiation practice

●       the type of equipment to be supplied to persons involved in carrying out the radiation practice, or persons otherwise exposed to radiation in carrying it out

●       how, and when, the equipment is to be worn

●       the checks to be undertaken to test wear and tear or correct operation

●       the expected outcome of each check

●       the person who is to check the equipment, described by reference to their abilities to perform the task

●       the interval at which the equipment is to be checked

●       how the actual outcome of the checks is to be recorded

●       if the actual outcome differs from the expected outcome, the procedures to be followed to fix the deficiency

Based on content from the Queensland Legislation website at 1 October 2026. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au

Radiation Safety Regulation 2021 (Qld), current as at 1 October 2025.