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Legislative Assembly for the ACT: 2004 Week 10 Hansard (Wednesday, 25 August 2004) . . Page.. 4209 ..

passed because of possible adverse effects. It is important to get this right for all concerned, because it is going to be with us for a long time.

I think we did a pretty reasonable job in 1988-89. I am sure a few things could have been done better, but that worked. This is something that needs a lot more work, because what we pass tonight is only really just the start of it. It is important to do this work, to get this right. It is impossible tonight. With the number of amendments and counter-amendments flying around, it makes it very difficult. But of course it is a start.

I understand that—and the minister has touched on this—in residential property there may well be some problems still and things need to be done. I have talked about the home renovators. It is crucially important that we have an education campaign in relation to that. They still do not seem to be covered. People who go in to do repairs on buildings can actually get in people who are qualified to remove asbestos safely, if need be. But in terms of home renovators, especially with the popularity of these home renovation shows, people might be tempted to do this without qualified builders and qualified assistance. That can be dangerous; hence I commend the idea by the MBA and WorkCover for that education campaign.

The minister touched on a lot that has been done in other areas. For commercial buildings there was a national code of practice on asbestos in 1988 and a guidance note, which commenced in 1999. There is an approved code of practice pursuant to section 87 already of our OH&S Act. That requires, in the commercial area, building owners to identify asbestos in the building and remove or manage it. Owners are actually required to notify tenants of the location of asbestos within the building. A register is also required to be maintained, noting buildings with asbestos. The proposed obligations under the bill are therefore covered to a large extent by the code of practice for these types of buildings, and owners of commercial buildings in the ACT are required to comply with the code by virtue of its approval under the OH&S Act.

Generally, buildings constructed prior to 1983 have actually had asbestos surveys carried out as a result of the OH&S Act and code of practice, with the asbestos being either removed from the buildings or managed in accordance with the asbestos management plan. If it has been removed a new certificate of occupancy or use is obtained under the Building Act 1972. The regulations under the Dangerous Goods Act were enacted to bring into effect the national asbestos ban from 31 December 2003.

As a result of the above legislation and code of practice, building owners are aware of their responsibilities to occupiers of the building in relation to asbestos. In the commercial market, at least it is recognised that the presence of asbestos in a building may be an issue. This is ordinarily negotiated by the interested parties, for example, by way of warranties and indemnities either in a contract for sale or in a commercial lease.

Government tenancy leases also usually have a strict obligation on the lessor of the premises to warrant that there is no asbestos in a building where the premises are located, and the requirement that a lessor provide a certificate regarding the non-existence of asbestos is a common request by government tenants. In addition, government tenancy leases usually provide an early termination right for the government lessee if asbestos is located in the building in which the premises are located.

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