Existing Chemicals Review - National Public Engagement Strategy

Summary and Evaluation Report - December 2009

This Report, which evaluates the NICNAS and the CEF approach to engaging civil society in the Existing Chemicals Review (ECR), is available on NICNAS's Information for the Community webpage. It highlights strengths and weaknesses of the approach, and provides recommendations for future NICNAS Public Engagement Strategies.

Participants’ evaluation forms strongly supported solution–seeking public forums to engage stakeholders in major NICNAS reforms. Early identification of stakeholders and a pro-active establishment and maintenance of stakeholder databases were seen as essential for successful Public Engagement Strategies.

While some ECR recommendations, such as powers to ban or restrict chemicals, have been referred to other agencies, most are on a clear path to implementation by NICNAS.

The report recommends quick implementation of the communications stream of the ECR recommendations. These were identified as early harvest recommendations that can assist implementation of other ECR recommendations.

The CEF looks forward to the updated website to assist stakeholders to navigate the complex world of chemical regulation and assist in greater transparency and community engagement.

Evaluating Community Impact of LRCC Reforms

NICNAS began the Low Regulatory Concern Chemicals (LRCC) Reforms in 2004.

An evaluation of the impact of these reforms is progressing in two stages: Phase 1: Impact on industry (the report for Phase 1 has now been published on the Evaluation of LRCC Reforms webpage) and Phase 2: Impact on the community and other stakeholders (including government).

Phase 2 is now about to commence, and the CEF has been asked to assist with the process of identifying:
(a) the best process for identifying and collecting community input, and
(b) what information the community needs to be able to provide a meaningful response.

If you have any views on these issues please contact CEF, using the contacts provided under "Have your say" in the right-hand column.

NICNAS intends to complete the evaluation by December 2010.

Nanotech Regulatory Review Proposal

The public consultation on the proposal for regulatory reform of industrial nanomaterials closed on 13 February this year. NICNAS held public forums to explain and discuss the proposal, which put forward options for the regulation of nanomaterials of both new and existing chemicals. Over 40 written submissions were received, as well as a substantial number of email communications. Issues raised at the public forums will also be regarded as submissions. 

NICNAS is currently evaluating the submissions, which will be published on the Nanotechnology - Stakeholder consultation webpage, along with a table summarising the issues raised in submissions. NICNAS will now develop a further draft of the proposal in consultation with the Nanotechnology Advisory Group (which includes CEF representatives) and the Office of Best Practice Regulation. The redrafted proposal and regulatory impact assessment will then be released for another round of public consultation. This should occur towards the end of 2010.

The proposal, the submissions and a summary of issues can be accessed via the NICNAS Nanotechnology webpage.

Phthalates

The recently-released draft Priority Existing Chemical Assessment Report for Diethylhexyl Phthalate (DEHP) allows manufacture and import of DEHP into Australia without further assessment, unless there is new information on the adverse health effects of DEHP.

The NICNAS Director's decisions on requests for variations to the report are available on the NICNAS website.

DEHP belongs to a group of phthalates of international concern for long-term health and environmental impacts, particularly for babies, children and pregnant and breast-feeding mothers. This reproductive toxin has been used in cosmetics and children’s toys, however Europe and the USA have restricted and in some cases banned its use.

The draft assessment report recommends that the Australian Competition and Consumer Commission (ACCC) consider appropriate regulatory measures to limit exposure to DEHP from its use in toys and childcare articles where significant mouth contact may occur. The Minister for Competition Policy and Consumer Affairs issued a consumer protection notice and media announcement on this matter (released on 25 January, effective from 2 March 2010).

NICNAS also recommends that the National Drugs and Poisons Schedule Committee (NDPSC) consider scheduling this chemical to limit potential exposure through cosmetic use.

CEF urges NICNAS to make the assessment of the other eight phthalates of concern a priority. Whilst these chemicals remain available to the Australian community, we believe EU and US citizens are being afforded greater public health protection.

NICNAS Cost Recovery Impact Statement

NICNAS has commenced a review of its cost recovery arrangement with the aim of completing a Cost Recovery Impact Statement late this year. 

A consultant will review NICNAS’s activity-based costing. Stakeholders will have two opportunities, anticipated in May/June and August/September to contribute to the review through workshops, one-on-one consultations and written submissions.