In Australia, the laws governing asbestos management, including the requirement for maintaining asbestos registers, are primarily based on the Work Health and Safety (WHS) Regulations and relevant state or territory legislation. Here’s a summary of the key legal requirements:

1. Work Health and Safety (WHS) Regulations 2011 (Cth)

The WHS Regulations, adopted by the Commonwealth and most Australian states and territories (except Victoria and Western Australia), require workplaces with asbestos-containing materials (ACMs) to maintain an asbestos register.

Key points:

• Asbestos Register Requirement: A workplace that was constructed before 31 December 2003 must maintain an asbestos register if asbestos is present or is assumed to be present. If there is no asbestos, a statement must be made in the register to that effect.
• Content of Asbestos Register: The register must include details such as:
  • Location of asbestos or ACM.
  • The type of asbestos (friable or non-friable).
  • Condition of the asbestos.
• Duty to Review and Update the Register:
  • The asbestos register must be kept up to date, reviewed every five years, or whenever asbestos is removed, disturbed, or sealed.
• Access to Asbestos Register: The register must be readily accessible to anyone who works or conducts business on the premises, including workers, health and safety representatives, and contractors.

Exceptions:

• A workplace does not need to maintain an asbestos register if it was constructed after 31 December 2003 and no asbestos is identified or likely to be present.

2. Codes of Practice

Each state and territory also follows its own version of the Code of Practice: How to Manage and Control Asbestos in the Workplace. This provides practical guidance for creating and managing asbestos registers, conducting risk assessments, and safely removing asbestos.

3. State and Territory-Specific Legislation

While the WHS Regulations provide a national framework, each state and territory has its own specific legislation or regulatory requirements for asbestos management:

• New South Wales (NSW): Governed by the Work Health and Safety Regulation 2017 and administered by SafeWork NSW.
• Victoria: Managed under the Occupational Health and Safety (OHS) Regulations 2017. Although Victoria has not adopted the WHS laws, the asbestos management provisions are similar.
• Queensland: Covered under the Work Health and Safety Regulation 2011 (QLD).
• Western Australia: Overseen by the Occupational Safety and Health Regulations 1996.
• South Australia, Tasmania, Northern Territory, ACT: Largely follow the WHS Regulations with additional local provisions.

4. Asbestos Removal and Licensing

In addition to the maintenance of registers, only licensed asbestos removalists are permitted to handle or remove asbestos-containing materials in most circumstances, and there are stringent disposal requirements. Penalties may apply for non-compliance with asbestos management laws.

Conclusion

If you are responsible for a workplace or a building that was constructed before 2003 in Australia, you are likely required to have an asbestos register and regularly maintain and update it according to these laws. Always check the specific regulations in your state or territory to ensure compliance.