Compliance Framework
Compliance Driver
Protection from Harmful Radiation Act 1990 (NSW)
Classification
Level 3
Centrally managed, local area(s) requirement.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
NSW Environment Protection Authority (EPA)
Administrative Name
Local Office
Administrative Address
Physical Address
85 Faulkner Street
Armidale NSW
Australia, 2350
Mailing Address
P.O. Box 494
Armidale NSW
Australia, 2350
Administrative Phone
131 555
02 6773 7000
Administrative Email
info@environment.nsw.gov.au
Administrative Website
http://www.epa.nsw.gov.au/radiation/index.htm
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General Introduction
VC Compliance Delegate
Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator
Richard Flavel, Associate Professor in Crop Science
Business Units Impacted
Overview
The objectives of this Act are to:
1. secure the protection of persons and the environment from exposure to ionising and harmful non-ionising radiation to the maximum extent that is reasonably practicable, taking into account social and economic factors and recognising the need for the use of radiation for beneficial purposes
2. to protect security-enhanced sources from misuse that may result in harm to people or the environment
3. to promote the radiation protection principles.
A person is to take the radiation protection principles into consideration when exercising functions under this Act or under a licence. The radiation protection principles are as follows:
a. justification of a practice - by assessing that the benefits of the practice involving exposure to ionising radiation outweigh any detriment.
b. optimisation of protection - by ensuring that each of the following is kept as low as reasonably achievable taking into account economic and social factors:
- the magnitude of individual doses of ionising radiation
- the number of people exposed to ionising radiation
- the likelihood of exposure to ionising radiation.
c. dose and risk limitation - by setting dose limits or imposing other measures so that the health risks to any person exposed to ionising radiation is kept below levels that are generally considered to be unacceptable.Compliance Obligations
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Radiation Management Licence
Description
The University, as the owner of regulated material, must hold a radiation licence in respect of the regulated material and must comply with any conditions to which the licence is subject.
The purpose of a management licence is to regulate, restrict or prohibit the possession, sale, storage, giving away, and disposal of regulated material to protect the community and the environment from exposure to radiation.
Impacts
Fines and Penalties - A maximum of 1500 penalty units in the case of a corporation. 250 penalty units or imprisonment for 2 years, or both, in any other case.
Negative impact on reputation.
Breach Impact Financial:
Section 6 Radiation management licences - A person responsible for regulated material must hold a radiation management licence in respect of the regulated material and must comply with any conditions to which the licence is subject. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.
Section 14A Implementation of security measures. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units.
Section 19 Comply with a direction to deal with a dangerous situation. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.
Note: Many other penalty provisions. 1,500 penalty units is the maximum for corporations
Section 33A Abandoning radioactive substance - for an offence committed intentionally the maximum penalty is $5,000,000,
Breach Impact Non-Financial:
Section 18 Notices to avoid or remedy contraventions
Section 19 - Directions to deal with dangerous situations
Legal action, including lawsuits and court orders, could also be pursued by individuals or organizations affected by the breach.
Executive Liability: Yes. Section 23 Offences by corporations
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
Criminal Penalty/Offence: Yes.
Responsible Manager
Richard Flavel, Associate Professor in Crop Science
Coordinating Officer
Richard Flavel, Associate Professor in Crop Science
Coordinating Unit
School of Environmental and Rural Science
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Radiation User Licence
Description
Under section 7 of the Act, a natural person who uses regulated material must hold a radiation user licence and must comply with any conditions to which the licence is subject. A licence is valid for 1 year or 3 years.
â€~To use' includes to operate, have in possession for use, handle or manipulate, or use in the course of manufacture.
Impacts
Maximun penalty of 250 penalty units or imprisonment for 2 years, or both.
Breach Impact Financial:
Section 6 Radiation management licences - A person responsible for regulated material must hold a radiation management licence in respect of the regulated material and must comply with any conditions to which the licence is subject. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.
Section 14A Implementation of security measures. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units.
Section 19 Comply with a direction to deal with a dangerous situation. Maximum penalty - 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.
Note: Many other penalty provisions. 1,500 penalty units is the maximum for corporations
Section 33A Abandoning radioactive substance - for an offence committed intentionally the maximum penalty is $5,000,000,
Breach Impact Non-Financial:
Section 18 Notices to avoid or remedy contraventions
Section 19 - Directions to deal with dangerous situations
Legal action, including lawsuits and court orders, could also be pursued by individuals or organizations affected by the breach.
Executive Liability: Yes. Section 23 Offences by corporations
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
Criminal Penalty/Offence: Yes.
Responsible Manager
Richard Flavel, Associate Professor in Crop Science
Coordinating Officer
Richard Flavel, Associate Professor in Crop Science
Coordinating Unit
School of Environmental and Rural Science
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Student Exemption - Radiation User Licence
Description
Under c10 of the Radiation Control Regulation 2013, "an undergraduate student in a university... who is undertaking course work or research that involves the use of regulated material", or "a postgraduate student in a university...who is undertaking research or higher studies that involve the use of regulated material", are exempt from the requirement to hold a radiation licence. The exemption does not have effect unless the student:
(a) has approval (can be granted by a staff member of the University who holds a radiation user licence, and only for activities authorised by their radiation user licence), and
(b) is complying with the conditions to which the approval is subject, and
(c) is subject to supervision (by an appropriately qualified licence holder).
Under clause 10(5) "A person who gives an approval for the purposes of this clause must ensure that a copy of the approval:
(a) is given to each person to whom it relates, or
(b) is conspicuously displayed at each place in which the regulated material to which the approval relates is proposed to be used.
Maximum penalty: 50 penalty units (in the case of a corporation) and 25 penalty units (in any other case)."
Impacts
Under clause 10(5) "A person who gives an approval for the purposes of this clause must ensure that a copy of the approval:
(a) is given to each person to whom it relates, or
(b) is conspicuously displayed at each place in which the regulated material to which the approval relates is proposed to be used.
Maximum penalty: 50 penalty units (in the case of a corporation) and 25 penalty units (in any other case)."
Responsible Manager
Richard Flavel, Associate Professor in Crop Science
Coordinating Officer
Richard Flavel, Associate Professor in Crop Science
Coordinating Unit
School of Environmental and Rural Science
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview