General public health law and common law duties apply when asbestos poses a risk to health.
Core obligation
Everyone has a duty to ensure they don’t cause or allow a nuisance dangerous to health. This includes the release of asbestos fibres.
How it works
The Public Health and Wellbeing Act 2008 sets out the nuisance provisions. Local council environmental health officers administer and enforce them.
Legislation
Public Health and Wellbeing Act 2008
Contains nuisance provisions (Part 6) that apply when something is or is liable to be dangerous to health. Asbestos dust or fibres released from a building, structure or during transport can constitute a nuisance under this Act. Local council environmental health officers administer these provisions and have a duty to remedy nuisances.
Common law duty of care
Everyone has a general duty not to cause harm to another person through their actions or negligence. This includes taking reasonable precautions to prevent asbestos fibre releases.
Who does what
- Local councils administer the nuisance provisions of the Public Health and Wellbeing Act. They investigate asbestos complaints in residential settings, dumped asbestos in public areas and community concerns about asbestos in poor condition.
- Department of Health provides public health guidance and supports local councils on environmental health matters regarding asbestos.
- WorkSafe Victoria regulates asbestos in workplaces (see [Workplace]).
EPA Victoria regulates asbestos waste and contaminated land (see [Environment]).