Jurisdictions

It is not one law across Australia

The model WHS Regulations have no force of their own. Western Australia follows the model numbering; Victoria runs a different regime with different numbers, different words and a stricter unlicensed threshold.

The model Work Health and Safety Regulations have no legal force of their own. They take effect only as each jurisdiction enacts them, and jurisdictions vary the model. One state never adopted them at all.

Everywhere else on this site, a bare regulation number means the model regulation. Wherever you are actually working, the number that matters is the one in your own jurisdiction’s instrument.

The broad picture

Never describe Victoria as operating “under the WHS Regulations”

It does not. Victoria operates under the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017. A Victorian site does not have an “asbestos removal control plan” under reg 464 — it has an “asbestos control plan” under reg 272. Getting that wrong in a tender document or a scope of works is an immediate credibility problem.

Western Australia

WA has adopted the model WHS laws, and critically, the model numbering. The instruments are:

  • Work Health and Safety Act 2020 (WA)
  • Work Health and Safety (General) Regulations 2022 (WA)
  • Work Health and Safety (Mines) Regulations 2022 (WA) — a separate regime for mining operations
  • Health (Asbestos) Regulations 1992 (WA) — the non-workplace and residential regime, under the Health (Miscellaneous Provisions) Act 1911

WA publishes its own code of practice, How to safely remove asbestos, dated 14 July 2022 and last updated 27 November 2024. WA has not adopted the model code, so where this site quotes the model Code, check the WA edition for WA work.

Substance

  • Class A — removal of any amount of friable asbestos-containing material.
  • Class A or B — removal of more than 10 m² of non-friable ACM.
  • WA does licence assessors. Licensed asbestos assessors conduct air monitoring, clearance inspections and clearance certificates “exclusively for Class A friable removal work”.
  • Supervisors — Class A on site, Class B readily available. Units CPCCDE4008 plus CPCCDE3015 (Class A) or CPCCDE3014 (Class B). Statements of Experience required.
  • Notification — at least five days before commencement.
  • Clearance — required following all licensed removal work, before re-occupation of the removal area.
  • Register and management plan required, detailing the type, location and condition of the asbestos.

An apparent inconsistency in WorkSafe WA’s own material. Its law-and-guidance page describes clearance as issued by an “independent competent person” generally, while its licences page confirms assessors act exclusively for Class A friable work. These reconcile as the model position — competent person for Class B, licensed assessor for Class A — but the guidance page’s phrasing is loose and should not be quoted flat.

We do not publish WA homeowner specifics. The WA legislation server would not return the Health (Asbestos) Regulations 1992 for us, so we cannot confirm WA-specific residential rules, area limits, or restrictions on removing asbestos for fee or reward. Note also that at least one WA government page still cites the superseded Occupational Safety and Health Regulations 1996 — stale content that should not be relied on.

Victoria

Victoria runs a genuinely different regime. Asbestos sits in Part 4.4 of the Occupational Health and Safety Regulations 2017. Victoria also uses compliance codes rather than codes of practice — Removing asbestos in workplaces and Managing asbestos in workplaces.

Concordance — model WHS to Victorian OHS

Regulation numbers and titles verified from the Victorian OHS Regulations 2017 as made
ConceptModel WHS regVictorian OHS reg
“Independent” definitionwithin 473 / 474207 — Independent person
Unlicensed / limited removalCode Table 1250 — Limited asbestos removal work
Class A removal work485264
Class B removal work487265
Supervisor appointment459 / 529266, 267
Supervisor on site (Class A)459285
Removal control plan464272 — Asbestos control plan
Plan to be kept and available465273
Signage and barricades469255 (limited work), 277 (licensed work)
Decontamination471256, 257, 278
Waste containment and disposal472259, 260, 279, 280
Air monitoring (Class A)475287, 292
Glove bagswithin 477289
End-of-removal requirements473290, 294
Independent person competencewithin 473296
Clearance certificates474297
Notification to regulator466298; 299 (unexpected situation)
Informing others467, 468300, 301
Asbestos register425227 (workplace); 235 (employer’s)
Health monitoring435–444262, 263, 282, 283 — medical examinations
Asbestos-related workPart 8.9 (478–484)Division 8 (302–319)

The one-hour rule — the biggest cross-border trap

Victoria imposes a cumulative time limit on top of the area limit for unlicensed removal. The model WHS Regulations have no equivalent.

  • Non-friable: the area removed must not exceed 10 m² in total, and the work must not exceed one hour of cumulative time in any seven-day period, counted across all employees.
  • Asbestos-contaminated dust: an individual removal is limited to ten minutes in total, and the same seven-day cumulative one-hour limit applies.

A job that is lawfully unlicensed in Queensland at 9 m² spread over two days is unlawful unlicensed in Victoria, because it blows the one-hour limit long before it blows the area limit. Any national contractor working across the Queensland–Victoria border needs this in front of them when scoping small jobs.

Victoria also requires unlicensed removal to eliminate exposure to airborne asbestos fibres so far as is reasonably practicable, and WorkSafe Victoria advises that unlicensed removal is generally not recommended.

Victoria has no licensed asbestos assessor class

WorkSafe Victoria’s asbestos removal licence offering is Class A (all friable or specific friable) and Class B (all non-friable or specific non-friable). There is no assessor option, and Part 4.4 contains no assessor licensing division. Instead the work is done by an “independent person”, defined at reg 207, who must have the requisite knowledge, skills and experience under reg 296.

This is an inference drawn from the licence page and the regulation list read together, rather than a flat statement by WorkSafe Victoria. It is well supported, and it is a real structural difference — but confirm it before relying on it commercially.

Where Victoria is tougher

Two Victorian quirks

We could not verify the operative text of Victorian regs 250, 264, 265, 272 and 297; Victoria’s notification period under reg 298 (do not assume five days); or the contents required in a Victorian asbestos control plan under reg 272, which may differ from the model ARCP. The regulation numbers and titles above are solid. The content behind them is verified only where stated.

National coordination

The Asbestos and Silica Safety and Eradication Agency operates the Asbestos National Strategic Plan, Phase Three, 2024–2030, working with bodies including the Faculty of Asbestos Management of Australia and New Zealand (FAMANZ). It is a coordinating and strategy body — it is not the regulator for any removal job, and it does not issue licences.

The agency was established as the Asbestos Safety and Eradication Agency under the Asbestos Safety and Eradication Agency Act 2013 (Cth). That Act has since been amended to extend its remit to silica, and the agency now carries the longer name. Older documents — including some still-current regulator pages — use the former name and the acronym ASEA.

Penalties

We do not publish dollar penalties attached to individual asbestos regulations. We could not retrieve them from the model regulations, and Queensland expresses regulation offences in penalty units rather than dollars — so a figure for, say, failing to prepare a control plan requires reading the penalty units off the Queensland provision and multiplying by the current unit value. Publishing a plausible but unchecked number would be worse than publishing none.

What we can state, because it is published directly by the regulator, is the Queensland WHS Act maximum penalty structure.

Queensland WHS Act 2011 maximum penalties, as published by WorkSafe Queensland
Offence Body corporate Individual (PCBU or officer) Individual (e.g. worker)
Industrial manslaughter $10 million 20 years imprisonment
Category 1 — recklessly endangering a person to risk of death or serious injury up to $3 million up to $600,000 or 5 years imprisonment up to $300,000 or 5 years imprisonment
Category 2 — failure to comply with a duty exposing a person to risk of death, serious injury or illness up to $1.5 million up to $300,000 up to $150,000
Category 3 — general failure to comply with a health and safety duty up to $500,000 up to $100,000 up to $50,000

Queensland infringement notices run $144–$720 for individuals and $720–$3,600 for businesses. The Queensland penalty unit value is $172.70 from 1 July 2026. And a detail that surprises people: Queensland prohibits insurance covering WHS penalties. A penalty is paid by the entity that incurred it.

Check your own regulator. The model Work Health and Safety Regulations have no legal force of their own — they apply only as each state and territory enacts them, and jurisdictions vary the model. Victoria does not operate under the WHS Regulations at all. This page is general information, not legal advice and not a substitute for the Code of Practice or the regulation as enacted where you are working. Last reviewed August 2026.