3 September 2019
Sun Shine
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sun Shine
Decision under the Freedom of Information Act 1982
I refer to your request dated 31 July 2019 under the
Freedom of Information Act 1982 (the FOI Act) seeking
access to:
In response to a number of recent safety incidents, an independent review was conducted at ANSTO
in 2018. The results of this review were documented in "INDEPENDENT SAFETY REVIEW OF THE
ANSTO HEALTH APPROACH TO OCCUPATIONAL RADIATION SAFETY AND OPERATIONAL
PROCEDURES" dated October 2018. It resulted in the identification of 85 recommendations; a small
number of which apply to the regulator ARPANSA.
One of the recommendations deals with the lack of clarity surrounding licence conditions. R29
states "Both ARPANSA and ANSTO should develop documentation that offers guidance on the
interpretation and implementation of ARPANSA Licence Conditions and which take due cognisance
of the suite of documents available through international bodies such as IAEA, WENRA and relevant
good international regulatory practice e.g. UK, France, US, etc.".
Request information regarding actions that have been completed since October of 2018 to address
this recommendation.
Decision
I am an officer authorised under section 23 of the FOI Act to make decisions with respect to applications for
access to documents under the FOI Act.
My decision is to refuse access under section 24A (1) of the FOI Act. Section 24A (1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333
(ii) does not exist.
My reasons for making this decision are set out below:
I have consulted with the Regulatory Services Branch and I am instructed that in response to the ANSTO
Independent Review report, ARPANSA has established its own project plan to deal with actions against
ARPANSA. However ARPANSA has not developed any specific action in response to recommendation 29.
This recommendation appears to be based on interviews with ANSTO Health Staff and does not reflect the
significant guidance available on ARPANSA’s website including the Performance Objectives and Criteria
which provide information on what ARPANSA looks for during an inspection, and extensive regulatory
guidance and manuals. This guidance also refers to international best practice for controlled facilities which
can be found at:
https://www.arpansa.gov.au/regulation-and-licensing/regulation/international-best-practice
This guidance material is updated periodically to maintain currency.
Review Rights
You are entitled to seek review of this decision. Your rights in this regard are set out at Attachment A to this
letter.
You may also complain to the Commonwealth Ombudsman about the way your request has been handled
and Attachment A also sets out your rights of complaint and how to exercise them.
Contacts
If you require clarification of any of the matters set out in this letter please contact Gemma Larkins on 02
9541 8311 or
xxx@xxxxxxx.xxx.xx.
Yours sincerely
Gemma Larkins
Gemma Larkins
Legal Officer
Office of the General Counsel
2 of 2
ATTACHMENT A
Internal Review of Decision by ARPANSA
You have the right to apply for an internal review of this decision in accordance with Part VI of the
Freedom
of Information Act 1982 (FOI Act). If you make an application for review, the CEO of ARPANSA will appoint
an officer of ARPANSA to conduct a review and make a completely fresh decision on the merits of the case.
If you wish to exercise this review right, you must apply in writing for a review of the decision within 30
days of receipt of this letter. You do not have to pay any fees or proceeding charges for internal the review.
No particular form is required to apply for review although it is desirable to set out in the application the
grounds on which you consider that the decision should be changed.
The application for review of the decision should be sent to
xxx@xxxxxxx.xxx.xx or:
FOI & Privacy Officer
ARPANSA
619 Lower Plenty Road
YALLAMBIE VIC 3085
If you make an application for internal review and a decision is not made by us within 30 days of receiving
the application, the original decision will be deemed to be affirmed in accordance with section 54D of the
FOI Act and you will be entitled to make an application to the Information Commissioner in accordance
with sections 54L and 54M of the FOI Act. Similarly, if you are dissatisfied with ARPANSA’s decision on
internal review, you may also apply for review of this decision to the Information Commissioner.
Review of Decision by the Australian Information Commissioner (AIC)
You do not have to seek an internal review of the decision directly from ARPANSA. You may wish to seek a
review of the decision from the AIC. If so, you must apply in writing and you can lodge your application in a
number of ways. More information is available on the AIC’s website at:
https://www.oaic.gov.au/freedom-
of-information/foi-review-process.
Complaints to the AIC or the Commonwealth Ombudsman
You may complain to the Commonwealth Ombudsman or the AIC concerning action taken by an agency in
the exercise of the powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. The Ombudsman or the AIC wil conduct a completely independent investigation of your
complaint.
You may complain to the Ombudsman either oral y, in person, on-line or in writing and to the AIC in writing
or by completing the on-line form. Relevant addresses are:
Commonwealth Ombudsman
The Australian Information Commissioner
GPO Box 442
GPO Box 2999
OR GPO Box 5218
CANBERRA ACT 2601.
Canberra ACT 2601 Sydney NSW 2001
Web:
www.ombudsman.gov.au
Web:
https://www.oaic.gov.au/freedom-of-
information/foi-complaints
619 Lower Plenty Road, Yal ambie VIC 3085
38–40 Urunga Parade, Miranda NSW 2228
xxxx@xxxxxxx.xxx.xx
+61 3 9433 2211
PO Box 655, Miranda NSW 1490
arpansa.gov.au
+61 2 9541 8333