The legal concept — "person with management or control"
Under the Work Health and Safety Act 2012 (SA) and the WHS Regulations 2012, the duty to manage asbestos sits with the person with management or control of the workplace.
That phrase is deliberately broad. It captures owners, managers, and operators because in real buildings, control is often shared. The law expects each party to do what is reasonably practicable within their level of control.
Start here → Asbestos Laws in South Australia
In real terms — who does what
Property Owner
- Ultimately responsible for compliance
- Must ensure an asbestos register exists
- Carries the residual risk if no one else acts
Property Manager
- Day-to-day responsibility for the building
- Must maintain and provide access to the register
- Coordinates inspections, reviews, and updates
Tenant / Business Operator
- Must follow the asbestos register
- Must not disturb asbestos-containing materials
- Must report damage or deterioration
Contractor
- Must review the register before any work begins
- Must follow safe procedures and use appropriate controls
- Must stop work if suspected asbestos is uncovered
Don't leave it on the page
Act on what you just read.
Shared responsibility
In most commercial, industrial, and multi-tenancy buildings, responsibility is shared across several parties at once.
Common risk scenario
"No one checked the register before works"
One of the most common compliance failures in South Australian buildings. The register exists. Works start anyway. Asbestos is disturbed.
- Make register review a mandatory step in the work-order process
- Provide the register to every contractor before they mobilise
- Confirm in writing that the register has been read
How to stay protected
- Maintain a current asbestos register
- Provide the register to contractors before any work begins
- Update the register after removal, refurbishment, or material changes
- Engage qualified consultants for inspections, plans, and pre-works surveys
Quick answers
I'm a tenant — am I responsible?
You must follow the register and not disturb ACMs, but the building owner remains ultimately responsible for compliance.
I'm a builder doing a small job — do I really need to check the register?
Yes. Any disturbance of suspect material triggers legal responsibility, and reviewing the register before work is one of your core duties.
We use a property manager. Are they responsible instead of us?
Property managers carry day-to-day duties, but accountability under WHS laws still flows to the owner as the person with overall management or control.
Need help?
AX4 provides commercial asbestos services across Adelaide. Choose the service that matches your situation:
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AX4 can review your register, management plan, and current arrangements — and clarify in plain English where your compliance position actually stands.
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Book nowDisclaimer: plain-English overview of how asbestos responsibilities are split under SA WHS laws — not legal advice. For specific situations, refer to the WHS Act 2012 (SA) and consult a qualified adviser.