Event and Time
Event Description
The University of Sydney faced legal proceedings related to the accidental disposal of a Positron Emission Tomography (PET) scanner that contained a radioactive material, resulting in two separate charges under the Radiation Control Act 1990 (NSW) and the Radiation Control Regulation 2013 (NSW) for failing to ensure the regulated material was properly handled.
Application and Claims
- Charge 1: The university was charged with contravening section 6(6) of the Radiation Control Act by failing to ensure regulated material was not possessed by unlicensed individuals during its disposal on 11 January 2019.
- Charge 2: The university was also charged with disposing of regulated material without the necessary consent from the Environmental Protection Authority (EPA).
Judicial Decisions
The court accepted the defendant's late plea of guilty to both charges and commenced the sentencing process, deliberating on the nature of the offences and the protocols that were not adhered to during the disposal of the PET scanner.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- The University disposed of a PET scanner without securing a license for those handling it. - This led to a radioactive substance being potentially mishandled by individuals who were not authorized to do so.
- Defendant’s Arguments:
- The disposal was accidental, and there was no intention to violate the Radiation Control Act. - The procedures followed by the contractors were assumed to be compliant with the relevant safety protocols.
Ruling and Impact
Ruling Result
The court convicted the University of Sydney on both charges: 1. A fine of $51,000 for contravening section 6(6) of the Radiation Control Act. 2. A fine of $10,000 for contravening clause 34(1) of the Radiation Control Regulation.