Compliance Overview

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
Return to Top 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
Return to Top General Introduction
VC Compliance Delegate Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator Donnika Williams, Research Governance and Compliance Officer
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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

Return to Top Comply with All Radiation Licence Conditions
Description The University must comply with all conditions imposed on its Radiation Management Licence, including conditions relating to storage, security, record-keeping, monitoring, reporting, financial assurances, security plans, and any requirements specified in documents forming part of the National Directory or adopted by EPA. Former holders of cancelled or surrendered licences must continue to comply with any ongoing conditions. Conditions remain in effect until complied with or revoked, even if specified timeframes have expired.
Impacts Failure to comply with licence conditions constitutes an offence under Section 13A(4), attracting maximum penalties of 1,500 penalty units ($825,000) for the corporation or 250 penalty units ($27,500)/2 years imprisonment for individuals. Non-compliance may result in licence suspension or cancellation (Section 13), triggering immediate cessation of all radiation activities. Additional consequences include EPA enforcement notices, cost recovery by EPA for remediation, and potential executive liability under Section 23. Systemic non-compliance jeopardizes licence renewal.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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
 
Return to Top Comply with EPA Notices, Directions, and Dangerous Situation Orders
Description The University must immediately comply with any notice issued under Section 18 (to avoid or remedy contraventions) or direction issued under Section 19 (to deal with dangerous or potentially dangerous situations involving radiation exposure or contamination). Compliance includes taking specified actions, refraining from activities, paying prescribed fees within 30 days, and permitting EPA access for monitoring. The University must not hinder or obstruct any person exercising functions under these provisions. Notices and directions remain in effect until complied with or revoked, even if specified timeframes have expired.
Impacts Failure to comply with EPA notices or directions constitutes offences under Sections 18(4) and 19(4)-(5), attracting maximum penalties of 1,500 penalty units ($825,000) for the corporation or 250 penalty units ($27,500)/2 years imprisonment for individuals. Additional penalties of 200 penalty units apply for non-payment of prescribed fees. EPA may recover all costs and expenses of remediation from the University as a debt (Section 28), potentially totaling hundreds of thousands of dollars. Persistent non-compliance may result in licence cancellation, emergency intervention by EPA, and criminal prosecution of executives under Section 23.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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
 
Return to Top Executive Liability and Corporate Officer Responsibilities
Description Directors and persons concerned in the management of the University are personally liable for any corporate contravention of the Act or regulations if they knowingly authorized or permitted the contravention. This liability is independent of whether the corporation has been prosecuted. Senior officers cannot delegate away this personal responsibility and must ensure adequate systems, oversight, and resources are in place to achieve compliance with all radiation safety obligations. Employers are also liable for contraventions by employees unless they had no knowledge and exercised due diligence to prevent the contravention.
Impacts Section 23 imposes direct personal criminal liability on executives/directors, with maximum penalties of 250 penalty units ($27,500)/2 years imprisonment for individuals (or higher for serious harm offences under Section 24: up to $500,000/2 years). Directors cannot hide behind corporate liability and face prosecution even if the University is not prosecuted. This creates significant personal legal and financial risk for DVC Research & Innovation, deans, and managers with oversight of radiation activities, potentially including professional disqualification and reputational damage.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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
 
Return to Top Maintain Valid Radiation Licences
Description The University, as owner of regulated material, must hold a current Radiation Management Licence (RML) in respect of all radioactive substances and radiation apparatus owned, stored, sold, consigned for transport, or disposed of. Individual users must hold Radiation User Licences (RULs) or written exemptions. The University must not permit any person to use, store, possess, or transport regulated material unless that person holds an appropriate licence or approved exemption under the Act.
Impacts Operating without valid licences constitutes an offence under Sections 6 and 7, attracting maximum penalties of 1,500 penalty units ($825,000) for the corporation or 250 penalty units ($27,500)/2 years imprisonment for individuals. Unlicensed activity results in immediate non-compliance, potential EPA enforcement action including licence cancellation, reputational damage, and inability to conduct radiation-related research. Executive officers may face personal liability under Section 23.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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
 
Return to Top Security Enhanced Sources - Plans, Measures, and Identity Checks
Description For all security enhanced sources (Category 1-3 sealed radioactive sources), the University must: (a) prepare and implement source security plans and source transport security plans reviewed by accredited radiation security assessors and re-endorsed every 5 years; (b) implement prescribed security protection measures and prevent interference with them; (c) ensure all persons dealing with security enhanced sources undergo and satisfy identity and security checks confirming identity and residential address; and (d) provide security plans to EPA at required times and review them periodically. All persons given copies of security plans must comply with them.
Impacts Non-compliance with security requirements under Sections 14, 14A, or 14B attracts maximum penalties of 1,500 penalty units ($825,000) for the corporation or 250 penalty units ($27,500) for individuals. Breach of security obligations poses significant regulatory, legal, and reputational risks due to potential for malicious use of radioactive sources. EPA may issue immediate directions, suspend/cancel licences, and pursue criminal penalties. Executive officers face personal liability under Section 23 for corporate contraventions they authorized or permitted.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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
 
Return to Top Student Exemptions from Radiation User Licensing
Description The University must ensure that any student using regulated material without holding a personal Radiation User Licence has been granted a written exemption by an appropriately licensed person with authority to grant exemptions. Each written exemption must: (a) identify the specific student(s) or class of students to whom it relates; (b) specify the radioactive substances or irradiating apparatus covered; (c) identify the appropriately licensed supervisor(s) responsible for the student(s); (d) set out all conditions of the exemption (including designated radiation areas/laboratories, permitted times, specific activities authorized); (e) be provided in writing to each student; (f) be conspicuously displayed at each location where the regulated material will be used; and (g) be retained in UNE's recordkeeping systems (TRIM). All student exemptions must be reviewed and renewed annually. Students operating under exemptions must remain under appropriate supervision (general or immediate, as specified) and comply with all exemption conditions.
Impacts While the Act does not specify penalties for student exemption non-compliance directly, students operating without valid exemptions or proper supervision are in breach of Section 7 (requirement to hold a RUL), exposing both the student and supervising staff to penalties of 250 penalty units ($27,500)/2 years imprisonment. Under Section 23, supervising academics and executives who knowingly authorize unlicensed student work face personal prosecution. Systemic failure to maintain proper written exemptions undermines UNE's RML conditions compliance (Section 13), potentially triggering licence suspension/cancellation and immediate cessation of all radiation research. Inadequate exemption documentation creates audit failures, exposes students to uncontrolled radiation risks, and demonstrates failure of UNE's radiation safety governance. EPA enforcement notices and cost recovery provisions (Section 28) apply. This obligation is critical given UNE's identified gap: "Compliance issues related to record storage have existed previously" and absence of documented student exemption processes in TRIM.
Responsible Manager Richard Flavel, Associate Professor in Crop Science
Coordinating Officer Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit School of Environmental and Rural Science
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • School of Environmental and Rural Science
  • School of Rural Medicine
  • School of Science and Technology
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