Do You Need an Asbestos Register in South Australia?

If you manage or own a workplace or commercial property in South Australia, this is one of the most important compliance questions you can ask: Do you need an asbestos register?

In many cases, the answer is yes — and the risk is not just whether a register exists, but whether it is current, accurate and reflects the actual condition of the site.

With national attention now focused on tightening asbestos compliance and improving documentation standards, understanding your obligations is critical.

When is an asbestos register required?

Under WHS regulations, an asbestos register is generally required for workplaces where asbestos-containing materials are present or likely to be present. This typically applies to:

• Commercial buildings
• Industrial sites and warehouses
• Offices, retail and mixed-use properties
• Schools, healthcare and public buildings

Key trigger: age of the building

If your property was constructed before 31 December 2003, it must be assumed that asbestos may be present unless proven otherwise. For most buildings constructed before 1990, the likelihood is significantly higher.

Practical interpretation

In practice:

• If your building is used as a workplace, and
• It was built before the early 2000s,
• then an asbestos register is generally expected.

What if no asbestos has been identified?

A common misconception is:

In reality:

• If asbestos is not identified, the register must still state this
• If areas were not accessible, this must be recorded
• If materials are suspected but not confirmed, this must be documented

In other words, the absence of confirmed asbestos does not remove the requirement for documentation. The register is the record of what has been checked, what is known, and where there are still unknowns.

What must an asbestos register include?

A compliant asbestos register should clearly document:

• The location of identified or suspected asbestos-containing materials
• The type of material (where known)
• The condition of each item
• The risk level and recommended management actions
• Any inaccessible areas or limitations of the inspection

It should also:

• Be written in a format that can be understood by workers and contractors
• Be available before any construction, maintenance or refurbishment work is carried out on site
• Be maintained and reviewed over time, not treated as a one-off report

When does a register become non-compliant?

Having a register is not enough.

Common failure points

Registers are often out of date due to:

• No review for several years
• Changes to the building (refurbishment, demolition, services upgrades)
• New areas becoming accessible
• Previous limitations not being followed up

Non-intrusive inspection limitations

Many registers are based on non-intrusive inspections. This means:

• Materials behind walls, ceilings and floors may not be identified
• Inaccessible areas may contain unassessed ACM
• The register reflects what could be seen at the time, not necessarily everything that exists

Practical reality

A register that has not been reviewed or expanded beyond its original scope is unlikely to reflect the current risk profile of the property, especially for pre-1990 and heavily modified buildings.

Who is responsible?

Responsibility typically sits with the person conducting a business or undertaking (PCBU) or the party in control of the workplace. This may include:

• Property owners and landlords
• Employers and occupiers
• Facility managers
• Strata or body corporate managers

They are responsible for ensuring that:

• An asbestos register exists (where required)
• It is current and accessible
• It is used to inform work on site and contractor briefings

What happens if you do not have one?

Failure to maintain an adequate asbestos register can lead to several types of risk.

Compliance and regulatory risk

• Breaches of WHS obligations
• Increased scrutiny during inspections or audits
• Potential enforcement action and improvement notices

Safety risk

• Workers or contractors unknowingly disturbing ACM
• Exposure incidents that could have been prevented
• Loss of confidence from staff and contractors

Project risk

• Work stoppages when asbestos is discovered mid-project
• Delays and additional costs for emergency surveys and removal
• Disruption to tenancy, trading or construction schedules

Commercial and liability exposure

• Issues raised during due diligence, finance or insurance processes
• Insurance complications or exclusions
• Reduced asset confidence and potential impact on value

How to check if your register is compliant

A simple way to assess your position is to ask:

• Was the building constructed before 2003?
• Do we have an asbestos register?
• When was it last reviewed or updated?
• Were all areas of the site accessed and assessed?
• Have there been changes to the building since the last inspection?
• Would a contractor be able to rely on this document today?

Disclaimer: this is a plain-English overview of register requirements, not legal advice. Always refer to the WHS Regulations 2012 (SA) and consult a qualified adviser for your specific situation.