Compliance cases are created when possible or actual breaches of the Act come to NICNASs attention. All compliance cases are investigated to determine whether a breach has in fact occurred. NICNASs Compliance team manages cases and investigations relating to New Chemicals and Existing Chemicals, as well as cases and investigations arising from audit and inspection activities.

A summary of compliance cases in 2005-06 is shown at Table 18.

Compliance cases are generated through self-reporting, third party allegations from the public, industry or government agencies, and in-house investigations including desk auditing and on-site inspections or audits. Table 19 provides four-year trend data for sources of compliance cases.

Table 18: Summary of number of compliance cases in 2005-06

Active cases as at end of 2004-05

New cases reported in 2005-06

Cases closed during 2005-06

Active cases as at end of 2005-06

New chemicals cases

21

22

17

26

Existing Chemicals

0

0

0

0

Total

21

22

17

26

Table 19: Four -year trend data for sources of compliance cases

Case type

2002-03

2003-04

2004-05

2005-06

Third party report

3 (18%)

4 (17%)

7 (28%)

5 (11.6%)

In house

2 (12%)

2 (9%)

7 (28%)

14 (32.6%)

Self-reported

12 (71%)

17 (74%)

11 (44%)

24 (55.8%)

Of the 21 unresolved cases carried over from 2004-05, two were issued with new chemicals assessment certificates, nine were still under new chemical assessment as at 30 June 2006 and one was referred to a state government agency because it did not come under NICNASs jurisdiction. The remaining eight cases are under investigation to determine the extent of any possible breach.

Of 22 new cases reported in 2005-06, fourteen were completed: ten by issue of new chemical certificates/permits and four were found to be compliant with the Act. Of the remaining eight, four are under new chemical assessment and four are being investigated to determine the extent of any possible breach.