Introductory Info
Date introduced: 16 February 2022
House: House of Representatives
Portfolio: Industry, Science, Energy and Resources
Commencement: On a day to be fixed by proclamation, or six months and one day following Royal Assent.
Purpose of the Bill
The purpose of the Australian
Radioactive Waste Agency Bill 2022 (the Bill) is to establish the Australian
Radioactive Waste Agency (ARWA) as a statutory non-corporate Commonwealth entity
that is a listed entity for the purposes of the Public Governance,
Performance and Accountability Act 2013 (PGPA Act).
The Bill provides that ARWA’s functions include:
- establishing
and operating the National Radioactive Waste Management Facility (NRWMF) in
accordance with the National
Radioactive Waste Management Act 2012 (NRWM Act)
- functions
relating to the management and transportation of radioactive waste and
- developing
an inventory of radioactive materials in Australia.
The Bill also outlines the structure of ARWA, including providing
for the appointment of a Chief Executive Officer (CEO) to manage the affairs of
ARWA and allowing the Minister to give written directions to ARWA about the
performance of its functions.
Structure of the Bill
This Bill is comprised of four parts:
- Part
1 provides a simplified outline of the Australian Radioactive Waste Agency Act
2022 and sets out the definitions of key terms
- Part
2 establishes the ARWA, including setting out its functions, and makes
provision for the Minister to give written directions to ARWA about the
performance of ARWA’s functions
- Part
3 sets out the terms and conditions of the appointment of the CEO of ARWA,
including an outline of the CEO’s functions. It provides that staff must be
employed under the Public
Service Act 1999 and enables the CEO to engage consultants to assist ARWA
- Part
4 deals with miscellaneous matters, such as delegations by the CEO and the
making of rules by the Minister.
Background
Management of radioactive
waste in Australia
Radioactive waste is defined as ‘material that no longer
has any foreseeable use and contains radioactive materials with activities
or activity concentrations at levels that require ongoing management to
ensure its safety’.[1]
Radioactive waste in Australia is administered through the
Australian
Radioactive Waste Management Framework (ARWM Framework).[2]
The Department of Industry, Science, Energy and Resources (DISER) has primary
responsibility for radioactive waste management issues in Australia.[3]
Australia is also a party to the Joint
Convention on the Safety of Spent Fuel Management and on the Safety of Nuclear
Waste Management (the Joint Convention).[4]
The Joint Convention aims to ensure that ‘during all stages of spent
fuel and radioactive waste management there are effective defenses against
potential hazards so that individuals, society and the environment are
protected from harmful effects of ionizing radiation’.[5]
Types of radioactive waste
The Australian classification scheme for radioactive waste
is based on the International
Atomic Energy Agency’s categorisation of radioactive waste:
- Exempt Waste contains very low levels of radioactivity and can be
disposed of in ordinary waste facilities (for example, landfill)
- Very Short-Lived Waste requires safe storage for short periods
while the radioactivity decays and then can be disposed of in ordinary waste
facilities
- Very Low-Level Waste contains low levels of short-lived
radioactivity and can be disposed of in commercial or industrial facilities
with limited regulatory controls
- Low-Level Waste contains higher levels of short-lived, and low levels
of long-lived, radioactivity, and can be disposed of at an engineered above-surface
or near-surface facility
- Intermediate-Level Waste contains higher levels of long-lived
radioactivity and can be safely disposed of at greater depths underground (up
to a few hundred metres) below the surface
- High-Level Waste contains levels of radioactivity able to produce
significant amounts of heat during the decay process, and must be disposed of
in deep, stable, geological formations underground (several hundred metres
below the surface).[6]
Exempt, Very Short-Lived, and Very Low-Level waste do not
present significant disposal challenges. Australia does not currently produce
High-Level Waste, so the key challenges in Australia relate to the storage and
disposal of Low-Level Waste (LLW) and Intermediate-Level Waste (ILW).
Radioactive waste in Australia
Production
In Australia, radioactive waste is generated from a
variety of sources, particularly from the use of radioactive materials in
medical applications, scientific research, and industry, and the Open Pool
Australian Lightwater (OPAL) research reactor operated by the Australian
Nuclear Science and Technology Organisation (ANSTO) at Lucas Heights in Sydney.[7]
Quantity
As of January 2018, there were 4,975 cubic metres of
existing LLW and 1,771 cubic metres of existing ILW in Australia (legacy waste).[8]
It is expected that by 2070 an additional 4,843 cubic metres of LLW and 1,963
cubic metres of ILW will be produced.[9]
ANSTO has been the largest producer of existing waste
(accounting for 56% of LLW and 68% of ILW), with the Commonwealth Scientific
and Industrial Research Organisation (CSIRO) also a significant source,
accounting for 40% of LLW and 24% of ILW.[10]
Most future waste is expected to be produced by ANSTO, which is projected to
account for 97% of future LLW and 94% of ILW.[11]
ANSTO has reported that ‘ninety-two per cent of the radioactive waste produced
by ANSTO is LLW, made up of paper, plastic, gloves, cloths and filters which
contain small amounts of radioactivity’.[12]
Current arrangements for waste disposal
Australia currently does not have a dedicated facility for
the disposal of radioactive waste. For many decades, radioactive waste in
Australia was stored in ad-hoc and sub-optimal locations, increasing the risk
of an accident that could damage human health or the environment.[13]
Radioactive waste is currently managed at approximately
100 locations around Australia, including ANSTO, hospitals, industrial sites,
and mines,[14]
although some of this waste is in categories of less concern than LLW or ILW
and therefore would not need to be sent to a dedicated facility.[15]
ANSTO manages about 45% of the LLW in Australia.[16]
Proposed National Radioactive Waste Management Facility
Many sites currently being used for waste storage are not
purpose-built to store such waste and ‘this is neither desirable nor
sustainable’.[17]
Consequently, the Australian Government has been working over many years to
establish a National Radioactive Waste Management Facility (NRWMF) to
permanently dispose of LLW and temporarily store ILW. The proposed NRWMF will
not eliminate the use of all current waste repositories, however DISER
anticipates:
… about a dozen university stores, as well as CSIRO’s Woomera
waste storage facility, other CSIRO sites in New South Wales and Victoria, several
defence facilities, and a number of other sites would no longer be needed for
the storage of radioactive waste.[18]
In February 2020, the Government introduced the National
Radioactive Waste Management Amendment (Site Specification, Community Fund and
Other Measures) Bill 2020 (the NRWM Amendment Bill).[19]
The main purpose of the Bill was to amend the NRWM Act to specify the
site for the NRWMF. However, following Government amendments, the purpose of
the Bill changed from site specification to retaining the current Ministerial
declaration process for site selection, and the Bill passed both Houses
of Parliament on 22 June 2021. As explained in the Replacement
Supplementary Explanatory Memorandum to the NRWM Amendment Bill:
This amendment removes the specification of the site for the
Facility from the Bill and means that the Minister makes the decision to
declare a site for the Facility. This amendment ensures that those with leave
to appeal the Minister’s decision can seek review pursuant to the Administrative
Decisions (Judicial Review) Act 1979.[20]
Following a site selection process conducted over multiple
years, in November 2021 the Australian Government declared that the
NRWMF would be established at Napandee, a 211 hectare property near the
town of Kimba, South Australia.[21]
The declaration has the effect that the land required for the facility is
acquired by the Commonwealth.[22]
Shortly after the Minister’s declaration, the Barngarla
Determination Aboriginal Corporation (BDAC) announced
that it would challenge the decision.[23]
BDAC’s application for judicial review was lodged
in the Federal Court of Australia on 20 December 2021, and the first case
management hearing is scheduled for 15 June 2022.[24]
This Bill does not relate to the selection of the site of
the proposed NRWMF, but rather it establishes the ARWA as the agency responsible
for operating the NRWMF and performing related functions.
Appropriateness of the entity model chosen for ARWA
In July 2020 the ARWA was established as a
separately-branded function of DISER.[25]
This administrative measure did not require legislation.[26]
However, the ARWM Framework foreshadowed that, consistent
with international practice, as Australia’s nominated Radioactive Waste
Management Organisation (RWMO) the ARWA would have a degree of separation from
the portfolio department:
The [International Atomic Energy Agency] notes that to meet
their obligations under the Joint Convention … many Member States have decided
to create a Radioactive Waste Management Organisation (RWMO) or assign this
function to an existing organisation … Australia’s RWMO, with input from
other agencies including waste holders and producers, as well as the
department and regulators, will develop a comprehensive radioactive waste
management strategy …[27]
[emphasis added]
Accordingly, the Government flagged the intention that
ARWA would at a later stage become a non-corporate Commonwealth entity.[28]
When deciding on the appropriate means by which to deliver
a service or execute a function, a significant source of information and
guidance is the PGPA Act, the key legislation with regard to governance
and administration of the public sector.[29]
Within the context of PGPA Act requirements, the
Department of Finance (Finance) classifies Commonwealth entities into 13 categories.[30]
Table 1, compiled by the Parliamentary Library from several Finance
sources, outlines the 13 categories with selected examples, including the
current and proposed categorisations of ARWA.[31]
Table 1:
Department of Finance classification of Commonwealth entities into thirteen
categories
1. PRIMARY (or
Principal) bodies
are part of the
Commonwealth,
or have a
separate legal status
|
2. SECONDARY
bodies
are established within a Primary body
|
3. OTHER
bodies
are established
by
Commonwealth involvement
through membership or investment
|
Secondary statutory
structures
are established by legislation
|
|
1.1 Non-corporate Commonwealth Entities (NCEs)
NCEs are legally and financially part of the
Commonwealth, and include:
- departments of state
- parliamentary departments
- Australian Bureau of Statistics
- listed entities prescribed by rules made under
the PGPA Act, or another Act
Examples of listed entities currently
prescribed by Schedule 1 of the PGPA Rule include:
- Geoscience Australia (DISER portfolio)
- IP Australia (DISER portfolio)
The Bill would establish ARWA as a listed entity.
|
2.1 Statutory advisory structures
Majority of members are likely to be external to the
Australian Government.
- Aged Care Quality and Safety Advisory Council
|
3.1 Ministerial Councils and related bodies
Ministerial Councils provide a forum for
Commonwealth, State and Territory Ministers to discuss national policy
issues.
|
|
2.2 Statutory office holders, offices and committees
Do not usually incur expenditure on their own account
nor prepare separate accounts. Instead, where expenditure is incurred, it is
accounted for through the accounts of a parent body.
- Gene Technology Regulator
|
3.2 National law bodies
These bodies are established under consistent laws
enacted in every State and Territory, usually the result of some form of
intergovernmental agreement. They may be incorporated.
- Australian Health Practitioner Regulation Agency
- National Heavy Vehicle Regulator
|
|
Secondary non-statutory
structures
are established without legislation
|
|
1.2 Corporate Commonwealth Entities (CCEs)
A CCE is a body corporate that has a separate legal
personality from the Commonwealth, and can act in its own right exercising
certain legal rights such as entering into contracts and owning property.
Most CCEs are financially separate from the Commonwealth.
- CSIRO
- National Gallery of Australia
- Reserve Bank of Australia
|
2.3 Non-statutory advisory structures
Majority of members are likely to be external to the
Australian Government.
- Foreign Investment Review Board
|
3.3 Interjurisdictional and international bodies
Bodies established by the Australian Government as a
result of treaty obligations or negotiated agreements with individual or a
number of governments (State, Territory or international).
- Australia-New Zealand Counter-Terrorism Committee
- Northern Territory Fisheries Joint Authority
|
|
1.3 Commonwealth companies
A company established under the Corporations Act
2001 that the Commonwealth controls. A Commonwealth company is legally
and financially separate from the Commonwealth. Some are Government
Business Enterprises (GBEs).
- Aboriginal Hostels Ltd
- Bundanon Trust
- NBN Co Ltd (a GBE)
- RAAF Welfare Recreational Company
|
2.4 Non-statutory functions with separate branding
Often responsible for the delivery of services to the
public and/or to government.
- Centrelink
- Comcare
- Comcover
- Medicare
- ARWA (as established in July 2020)
|
3.4 Structures linked to the Australian Government
through statutory contracts, agreements and delegations
These bodies are owned and operated by the private
sector, but have been recognised in legislation or a legislative instrument,
or are party to a statutory contract/funding agreement to deliver services on
the Government’s behalf.
- Australian Housing & Urban Research Institute
(AHURI)
|
|
|
|
3.5 Joint ventures, partnerships and interests in
other companies
- Law Courts Ltd (jointly with NSW Govt)
|
|
|
|
3.6 Subsidiaries of CCEs and Commonwealth companies
- Star Track Pty Ltd (subsidiary of AusPost)
|
This table has been compiled by the Parliamentary
Library using information from the following sources: Public Governance,
Performance and Accountability Rule 2014; Finance, Australian
Government Organisations Register - Types of Bodies, Finance website, July
2018; Finance, ‘Types
of Australian Government Bodies’, Finance website, 2021; Finance, ‘PGPA glossary’,
Finance website.
The establishment of ARWA as a statutory, Budget-funded, non-corporate
Commonwealth entity and its designation as a listed entity for the purposes of
the PGPA Act is consistent with the following principles outlined by
Finance guidance in relation to the appropriateness and applicability of entity
structures:
Non-commercial and/or core policy functions of the Australian
Government are normally undertaken by a non-corporate Commonwealth entity or a
secondary governance structure within a non-corporate Commonwealth entity.[32]
If the body is to perform primarily non-commercial and/or
core policy functions of the Australian Government, this would normally mean a non-corporate
Commonwealth entity or a secondary statutory or
non-statutory structure within an existing non-corporate Commonwealth
entity. This type of structure may also be appropriate for a body that will be
fully or primarily budget funded.[33]
[emphasis added]
Governance structures created through enabling legislation
(eg a primary or a secondary statutory body) have clearly defined purposes
authorised by Parliament.[34]
Entities are ‘listed’ to clearly define them as separate
non-corporate Commonwealth entities and not part of another Commonwealth
entity.[35]
Committee consideration
At the time of writing the Bill has not been referred to
Committee.
Senate Standing Committee for the Scrutiny of Bills
In its Scrutiny Digest 2 of 2022, the Senate
Standing Committee for the Scrutiny of Bills (Scrutiny of Bills Committee)
raised concerns about Ministerial directions given under clauses 11 and 15 of
the Bill not being subject to parliamentary disallowance.[36]
The Scrutiny of Bills Committee noted its expectation that
such exemptions be fully justified in the Bill’s Explanatory Memorandum and did
not consider that ‘the fact that an instrument will fall within one of the
classes of exemption in the Legislation (Exemptions and Other Matters)
Regulation 2015 to be, of itself, a sufficient justification for excluding
parliamentary disallowance’.[37]
The Scrutiny of Bills Committee sought the Minister’s
advice as to:
why it is considered necessary and appropriate to provide
that directions given under clauses 11 and 15 are not subject to disallowance;
and
whether the bill could be amended to provide that these
directions are subject to disallowance to ensure that they are subject to
appropriate parliamentary oversight.[38]
At the time of writing, the Minister had not formally
responded to the Scrutiny of Bills Committee.
Policy
position of non-government parties/independents
At the time of writing there does not appear to have been
any comments on the Bill raised by non-government parties or independents.
Position
of major interest groups
Stakeholders do not appear to have commented on the
provisions of the Bill.
The Explanatory Memorandum states that ‘this Bill is
supported by a consultation process, which included engagement with [six] State
and Territory Regulators’, a range of Commonwealth departments and agencies,
and the SA Government Department of Mining and Energy, Sutherland Shire
Council, Kimba Consultative Committee, and Kimba Council.[39]
Financial implications
The Explanatory Memorandum states that:
The Bill has minimal financial impact. The government has
allocated $106m over four years, from 2020–21, to establish the Agency and
progress the program of work to build the facility.
In 2021 the government agreed to adjust the funding
allocation to build the corporate capabilities needed to operate an NCE and
consistent with the revised program schedule, resulting in a net zero impact on
underlying cash.[40]
Statement of Compatibility with
Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011, the Government has assessed the
Bill’s compatibility with the human rights and freedoms recognised or declared
in the international instruments listed in section 3 of that Act.[41]
The Government states that the Bill engages the following
rights:
The Government considers that the Bill is compatible with
human rights because it promotes the protection of human rights (specifically
the right to benefit from scientific progress and its applications and the
right to health).[43]
Parliamentary Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights (PJCHR)
had no comments on the Bill.[44]
The PJCHR has previously considered the issue of the location
of the NRWMF at Napandee in its report
on the NRWM Amendment Bill. In that report the PJCHR noted that the
construction of the NRWMF at Napandee created a significant risk that the rights
to culture and self-determination would not be fully protected.[45]
These issues are discussed in further detail in the Bills
Digest to the NRWM Amendment Bill.[46]
Key issues and provisions
Definitions
Provisions of the Bill have a close relationship with the NRWM
Act.
Clause 4 outlines definitions, specifying that some
terms (for example, ‘controlled material’, ‘facility’, ‘Joint Convention’, and
‘selected site’) have ‘the same meaning as in the NRWM Act’.
‘Radioactive waste’ has the same meaning as in the Joint
Convention. However, clause 5 is framed so that ARWA will have
responsibilities in relation to ‘radioactive material’, rather than the more
narrowly-defined ‘radioactive waste’.
The Explanatory Memorandum notes that:
Radioactive material is defined broadly to include any
such material to which the Agency’s functions may relate, including high level
waste or spent fuel. It is not limited to radioactive waste as defined in the
Joint Convention and used in some parts of the Act. The use of ‘radioactive
material’ in the Agency’s functions allows the Agency to effectively fulfil its
role as a specialist radioactive waste agency as it allows for the functions to
apply to material that is not yet waste. For example, aside from existing
radioactive waste, the Agency may provide technical advice on the management of
radioactive material that may have waste implications for Australia at some
point in time. The Agency may also conduct research into alternatives to
disposal of radioactive material.[47]
[emphasis added]
Consequently, clause 6 refers to activities
related to the waste management of:
- radioactive
material for which no further use is foreseen (that is, it is already waste)
and
- radioactive
material which, in the future, will have no further use and so will become
waste.
Establishment of ARWA
Clause 8 establishes ARWA and specifies that ARWA
is a listed entity for the purposes of the PGPA Act. In that
context, the CEO is designated as the accountable authority, and the CEO,
consultants, ARWA staff, and staff of other agencies performing services for
ARWA are designated as officials for the purposes of the PGPA Act.
Functions of ARWA
The Explanatory Memorandum states that the ‘broader remit’
of the ARWA is to be ‘an agency dedicated to the safe management of all
radioactive material that may have waste implications for Australia’.[48]
Subsection 23(2) of the NRWM Act provides authority
for persons connected to designated Commonwealth entities to undertake activities
that may be necessary for or incidental to the construction or operation of the
NRWMF. Paragraph 10(1)(a) will have the effect of designating ARWA as a
Commonwealth entity for the purposes of subsection 23(1) of the NRWM Act.
ARWA will thereby be authorised to undertake the activities specified in subsection
23(2) to construct and operate the proposed NRWMF.[49]
Paragraphs 10(1)(b) to 10(1)(l) list functions of
ARWA that are additional to the construction and operation of the proposed
NRWMF, including:
- safe
and secure management of controlled material at the NRWMF (paragraph 10(1)(b))
- providing
advice to the portfolio department (paragraph 10(1)(c)), the
Minister (paragraph 10(1)(d)), and Commonwealth and other
entities that generate, possess and control radioactive material (paragraph
10(1)(e)). The Explanatory Memorandum notes that ‘this does not include
regulatory advice or advice relating to licence conditions which is the
responsibility of the relevant regulators’[50]
- in
relation to the waste management of radioactive material, or the transportation
of waste material, engaging and consulting with members of the public (paragraph
10(1)(f)) and foreign entities (paragraph 10(1)(g))
- undertaking
or coordinating research and development activities in relation to the waste
management of radioactive material, or the transportation of waste material, in
Australia (paragraph 10(1)(h))[51]
- developing
and maintaining an inventory of radioactive material in Australia for the
purposes of the waste management of that material (paragraph 10(1)(i)).
Regional
consultative committee
Paragraph 10(1)(j) states that ARWA will provide
‘operational and secretariat support’ to the Regional Consultative Committee
(RCC) established under section 22 of the NRWM Act.
A number of consultative committees and groups have
contributed to the process of selecting a site for the NRWMF, but it appears
none of these are the RCC established under section 22 of the NRWM Act.[52]
In March 2020, DISER released a factsheet envisaging how the RCC will operate.[53]
The Committee Guidelines for the Kimba Consultative
Committee state:
On 27 June 2017, the former Minister
announced that Kimba, South Australia, has been shortlisted for Phase Two of
the project. This entails further community consultation and technical
assessment work. ... Therefore, the Department is establishing the Kimba Consultative
Committee (‘the Committee’) to assist in this for Phase Two of the project. … If
Kimba progresses to Phase Three (site selection, facility design and
licensing), then a Regional Consultative Committee (RCC) would be established
in accordance with the National Radioactive Waste Management Act, 2012 [sic].
In this instance, all Committee positions would be reviewed and a process to
transition to the RCC would commence.[54]
At their meeting on 17 February 2022, the Kimba
Consultative Committee and Kimba Economic Working Group commented on an update
about ARWA’s development of ‘regulations that will detail the functions,
governance, and membership of the RCC’.[55]
Establishment
of a CEO of ARWA
The proposed provisions in relation to the CEO are similar
to and consistent with provisions applicable to comparable statutory CEO
positions.
Subclause 14(1) establishes that the functions of
the CEO are to manage the affairs of ARWA, and to ensure ARWA performs its
functions.
Subclause 16(1) provides that the CEO is to be appointed
by the Minister by written instrument on a full-time basis. Subclause 16(2)
provides that the CEO holds office for a period not exceeding 5 years,
though may be re-appointed. In October 2021 the Government announced that Mr Sam Usher had been
appointed as the first CEO of ARWA.[56]
According to the Australian
Government Directory, Mr Usher commenced in the role on 10 January 2022 for
a period of four years.
Under clause 17 the Minister may, by written
instrument, appoint an acting CEO. This is applicable in circumstances where
the position is vacant, or the CEO is absent or is otherwise unable to perform
the duties of the office.
Subclause 23(1) provides that the Minister may
terminate the CEO’s appointment for misbehaviour, or physical or mental
incapacity. Under subclause 23(2) the Minister may terminate the CEO’s
appointment if specific circumstances arise relating to bankruptcy, absence
from duty without approved leave, and potential conflicts of interest.
Under clause 28 the CEO may delegate the CEO’s
functions or powers to an SES or acting SES employee who is an ARWA staff
member. The delegate must comply with any written directions from the CEO.
Minister’s powers to give directions and make rules
Minister may give directions to ARWA and the CEO
Under subclause 11(1), the Minister may, by
legislative instrument, give written directions to ARWA about the performance
of its functions. Under subclause 15(1), the Minister may, by
legislative instrument, give written directions to the CEO about the
performance of the CEO’s functions. Under subclause 11(3) and subclause
15(2) respectively, ARWA and the CEO must comply with such directions.[57]
Such legislative instruments will not be subject to
disallowance by the Parliament, as directions by a Minister to a person or body
are exempt from this process.[58] The Scrutiny of Bills Committee has raised
concerns regarding this exemption, as discussed above under ‘Committee
consideration’.
Minister may make rules
As explained by the Explanatory Memorandum, clause 29
provides that:
the Minister [may] make rules prescribing matters required or
permitted by this Act or necessary or convenient to be prescribed for carrying
out or giving effect to matters in the Act. The rules are a legislative
instrument, subject to disallowance and sunsetting.
Subclause 29(2) provides what the rules may not do, which
includes: create an offence or civil penalty; provide powers of arrest or
detention or entry, search or seizure; impose a tax; set an amount to be
appropriated from the Consolidated Revenue Fund under an appropriation in this
Act; and directly amend the text of the Act.[59]
Staff of ARWA
The proposed provisions in relation to staff are similar
to and consistent with provisions applicable to comparable entities.
Subclause 24(1) provides that staff of ARWA must be
persons appointed or employed under the Public Service Act. As explained
by the Explanatory Memorandum, clause 26 provides that:
officers and employees of other Public Service Agencies,
officers or employees of a State or Territory or officers or employees of
authorities of the Commonwealth or of a State or Territory may assist the
Agency in the performance of any of its functions. Persons assisting the Agency
are subject to the directions of the CEO when providing those services.[60]
Clause 25 provides that, under the terms and
conditions specified by the CEO in writing, the CEO may engage consultants to
provide services in connection with the functions of ARWA. Subparagraph
8(2)(c)(iii) provides that consultants engaged under clause 25 are
officials of ARWA for the purposes of the PGPA Act. The Explanatory
Memorandum states this is ‘to ensure that, given the sensitivity and safety
considerations required to carry out the Agency’s functions, consultants will
be subject to the same duties imposed on Commonwealth officials’.[61]