The Environment Protection Authority (EPA) recently undertook regulatory action in NSW against a dentist who holds a Radiation Management Licence (RML) covering 11 dental practices across NSW.
The EPA has completed its investigation of the dentist into alleged breaches of the Protection from Harmful Radiation Act 1990 (Radiation Act) and has determined that the RML holder:
- Breached section 6(2) of the Radiation Act by failing to comply with conditions of the RML across seven registered practices of the 11 practices registered on the RML, specifically:
- Condition 3 by failing to conduct compliance testing on 19 items of radiation regulated material (RRM) across seven practices; and
- Condition 6 by failing to comply with the requirements relating to the transfer of one RRM at one practice.
- Breached section 36B(a) of the Radiation Act by providing false and misleading information to the EPA in multiple communications.
After considering the nature and circumstances of the offences and the number of practices involved the EPA determined that the following regulatory actions are appropriate:
- Seven Penalty Notices: one issued to each of the seven non-compliant practices, for breaches of section 6(2) of the Radiation Act.
- A Formal Warning Letter: issued in relation to the breach of section 36B(a) of the Radiation Act.
Each Penalty Notice carries a monetary penalty of either $750 or $1,500. The variation in penalty amounts is due to the commencement of the Protection from Harmful Radiation Regulation 2025 (Radiation Regulation), which replaced the Protection from Harmful Radiation Regulation 2013 on 29 August 2025. Offences that continued after this date are subject to the Radiation Regulation and attract a penalty of $1,500.