UNE Compliance Register
This Register lists the compliance drivers (Commonwealth, NSW and international laws and other statutory instruments, and industry, community and ethical standards and codes) that impact on University activities and operations, to the extent that the University has some obligation of compliance or accountability.
The currently documented drivers are listed below in alpha-order by title. Click on the title to access a detailed overview. You can also search the register to find all of the compliance drivers and obligations relevant to your activities and the people who can help with your compliance responsibilities.
Note: the Register is being continually enhanced, with drivers and obligations added and amended as required.
The Dangerous Goods (Road and Rail Transport) Act 2008 (the Act) makes provision for safety in the transport of dangerous goods by road and rail as part of the system of nationally consistent road and rail transport laws, to ensure that dangerous goods are transported efficiently and safely to minimise impacts on people, property and the environment. The Act appoints both the Environment Protection Authority (EPA) and WorkCover NSW as administrators of the legislation - the EPA regulates the on-road transport of dangerous goods, whilst WorkCover NSW regulates activities prior to transport. The transport of dangerous goods by rail is regulated by the Independent Transport Safety Regulator on behalf of the EPA.
Australia regulates the physical export of military and dual-use items listed by the international regimes, under Regulation 13E of the Customs (Prohibited Exports) Regulations 1958. However, there were significant gaps that have been closed by the Defence Trade Control Act 2012 (DTC Act). For example:
• If an Australian organisation physically exports a controlled virus, a licence is required under Regulation 13E (in addition to any biosafety obligations). However, if they email instructions on how to produce or enhance that virus, no permit is required, and the Australian Government has no visibility or control over the electronic export of this information, including whether it is potentially destined for a biological weapons program. The export of sensitive information in electronic or other non-physical form is referred to as intangible supply. As well as emails, other examples of intangible supply include supply via the internet and social media etc.
• If an Australian or a person in Australia were to arrange for weapons to be sent from one destination outside Australia to another destination outside Australia, no brokering permit is required, and the Australian Government has no visibility or control over this brokering activity, including whether it is potentially destined for uses that may abuse human rights.
The three main activities regulated by the DTC Act are:
• The intangible supply (transmission by non-physical means) of controlled technology from a person in Australia to a person outside Australia;
• Publishing controlled military technology; and
• Brokering controlled military goods and technology.
The Act separately implements the Defence Trade Cooperation Treaty between Australia and the United States of America.
UNE Representatives should contact the Compliance Coordinator (being the Export Controls Compliance Officer) above.
The University is obligated to ensure that it does not discriminate against students, prospective students and employees and prospective employees on the basis of a disability. The University has obligations under the Act in its capacity as:- (i) a provider of education; (ii) a provider of accommodation; (iii) an employer, and is also responsible to ensure that all employees, external contractors and students are made aware of what constitutes acceptable standards of behaviour within the University.