Compliance Framework
Compliance Driver
Australian Radiation Protection and Nuclear Safety Act 1998 (Cth)
Classification
Level 5
Compliance expected, not reportable.
Associated Legislation
None
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Administrative Name
Administrative Address
Administrative Phone
Administrative Email
Administrative Website
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General Introduction
VC Compliance Delegate
Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator
Bonnie Mayes, Research Governance and Compliance Officer
Business Units Impacted
Overview
The Act's provisions are highly relevant to the University's core functions. Many of its research, teaching, and clinical activities across various schools and departments (e.g., Physics, Chemistry, Medicine, Rural Science, Veterinary Science) will likely involve:
* Controlled apparatus: such as X-ray machines, electron microscopes, and other equipment that produces ionising radiation.
* Controlled material: such as sealed and unsealed radioisotopes used as tracers or for irradiation in scientific experiments.
* Controlled facilities: potentially including research reactors, irradiators, or radioactive waste storage facilities that meet the prescribed definitions.
Consequently, the University must engage with the comprehensive licensing scheme established by the Act. This involves obtaining and maintaining licences from the CEO of ARPANSA, adhering to all licence conditions, and being subject to a strict inspection and enforcement regime. The penalties for non-compliance are severe, reflecting the significant risks associated with radiation and nuclear activities.Compliance Obligations
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Allow ARPANSA inspectors access to premises and comply with directions
Description
(a) Allow ARPANSA inspectors to enter UNE premises (with consent or under warrant) to monitor compliance, inspect/examine/test controlled materials/apparatus/facilities, take photographs/recordings, inspect records, and take copies of documents; (b) Provide reasonable assistance to inspectors including answering questions and producing requested records when lawfully required; (c) Comply with any written directions given by the CEO requiring UNE to take specified remedial steps if the CEO believes UNE is not complying with the Act/regulations, or if there is a radiation-related risk of death, serious illness, injury, or environmental damage.
Impacts
Failure to answer inspector questions or produce documents when required under warrant: 30 penalty units (s 67(2)). Failure to comply with CEO written directions: 30 penalty units (s 41(3)). If UNE fails to take required steps, CEO may arrange for steps to be taken and recover costs from UNE as a debt (s 41(7)). Inspectors have powers to seize hazardous materials or apparatus and require immediate remedial action if necessary to protect health/safety or environment (s 65). Inspector access would be relevant if ARPANSA had concerns about unreported controlled materials/apparatus on UNE premises.
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Comply with NSW radiation safety laws for non-Commonwealth regulated activities
Description
For UNE activities with radiation sources or apparatus that are NOT covered by the ARPANS Act (i.e., activities not involving controlled persons or permitted persons under Commonwealth licences), ensure compliance with NSW radiation safety legislation: Radiation Control Act 1990 (NSW) and associated regulations. This includes obtaining NSW EPA licences/registrations for radiation apparatus (e.g., diagnostic X-ray machines, sealed sources for teaching) and laser safety programs that fall below Commonwealth regulatory thresholds but remain regulated under State law.
Impacts
The ARPANS Act prevails over State/Territory radiation laws for Commonwealth-regulated activities (s 83), but UNE activities outside the Commonwealth framework remain subject to NSW regulation. Non-compliance with NSW EPA requirements may result in: State enforcement action; penalties under NSW legislation; prohibition notices; licence suspension or cancellation. UNE should maintain awareness of the interface between Commonwealth (ARPANS) and NSW radiation safety regimes, particularly for diagnostic radiology, teaching sources, and laser safety programs.
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Ensure UNE researchers comply with host facility licence conditions when working as permitted persons
Description
When UNE researchers access controlled facilities (ANSTO's OPAL reactor, Australian Synchrotron) or deal with controlled materials/apparatus under arrangements with licence holders, ensure researchers: (a) understand they are "permitted persons" under s 11A and legally bound by the ARPANS Act and host facility licence conditions; (b) complete mandatory radiation safety training required by the host facility before access; (c) comply with dose monitoring, safety procedures, and security protocols; (d) report incidents/near-misses to both host facility and UNE; (e) follow host facility directions and emergency procedures.
Impacts
Permitted persons who breach applicable licence conditions may face penalties up to 2,000 penalty units (ss 30(3), 31(3)). Host facilities may restrict or terminate access for non-compliant individuals. UNE's institutional reputation and AINSE membership standing may be damaged by researcher non-compliance. Dose limits for permitted persons: occupational exposure 20 mSv/year averaged over 5 years (max 50 mSv in any single year); equivalent dose to lens of eye 20 mSv/year averaged over 5 years (max 50 mSv in any year); hands/feet/skin 500 mSv/year. Host facilities are responsible for monitoring and ensuring dose limit compliance through personal dosimetry.
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Obligation 2: Comply with all licence conditions
Description
Ensure: (a) the licence holder complies with all conditions, including statutory conditions, regulatory conditions, and CEO-imposed conditions; (b) all persons covered by the licence (staff, students, permitted persons) comply with applicable conditions; (c) mandatory conditions are met including: allowing CEO/inspector access for inspections; maintaining accurate inventories; complying with dose limits (occupational exposure 20 mSv/year averaged over 5 years, max 50 mSv in any year); following Codes of Practice (Planned Exposure Code, Security Code, Transport Code, Disposal Code); reporting notifiable incidents to CEO within 24 hours with written report within 14 days; maintaining and reviewing safety management plans every 3 years; obtaining CEO approval for significant safety-related changes.
Impacts
Licence holder breach: 2,000 penalty units or lower prescribed amount (ss 30(2), 31(2)). Person covered by licence breach: penalties apply. CEO may suspend or cancel licence (s 38), issue written directions requiring remedial action within specified timeframes (s 41), with failure to comply attracting 30 penalty units and Commonwealth cost recovery. Inspectors may issue improvement notices requiring immediate rectification.
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Obtain ARPANSA licences for controlled facilities, materials, or apparatus
Description
Obtain a facility licence or source licence from the CEO of ARPANSA before: (a) preparing a site for, constructing, possessing, operating, decommissioning, or abandoning a controlled facility (nuclear installation, prescribed radiation facility, or prescribed legacy site); or (b) dealing with (possessing, using, or disposing of) controlled material (radioactive material emitting ionizing radiation spontaneously) or controlled apparatus (apparatus producing ionizing or harmful non-ionizing radiation when energised), unless the activity or dealing is exempted by the Regulations.
Impacts
Operating controlled facilities without a facility licence: 2,000 penalty units (s 30(1)). Dealing with controlled material or apparatus without a source licence: 2,000 penalty units (s 31(1)).
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Provide information and documents to ARPANSA CEO when required
Description
If the CEO of ARPANSA believes on reasonable grounds that UNE has information or documents relevant to compliance with the Act, regulations, or licence conditions, comply with CEO written notices requiring UNE to: (a) provide specified information; (b) produce documents in UNE's custody or control; (c) answer specified questions; (d) cause a competent officer to appear before the CEO to provide information, answer questions, or produce documents. Comply within 28 days or shorter period if specified in notice.
Impacts
Failure to comply with CEO requirement: 30 penalty units (s 44B). Exemptions: individuals need not provide information that might incriminate them or expose them to penalties; information need not be provided if doing so would breach an international agreement obligation to which Australia or UNE is a party. Given UNE does not hold controlled facilities/materials, information requests would most likely relate to UNE researchers' activities as permitted persons at national facilities, or investigations of suspected unreported radiation sources on campus.
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Code of Conduct for Research Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview