Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 (ACT)

The case before the court involved the Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 (ACT) and its applicability to handling asbestos. The primary legal issue was whether the Act applied to non-commercial handling of asbestos, specifically concerning the obligations of individuals to disclose the presence of asbestos in their homes to tradespeople undertaking work. This case was heard in the ACT Supreme Court.

The court had to determine whether certain sections of the Act applied to non-commercial handling of asbestos, and if so, what obligations were imposed on individuals regarding the disclosure of asbestos in their homes to tradespeople. The court also had to interpret the definition of "handling" under the Act and whether it included possessing or having custody or control of the substance. Additionally, the court had to consider whether the general safety duty under the Act required individuals to take reasonable steps to minimize the risks of asbestos exposure to others.

The court ruled that the Act applied to non-commercial handling of asbestos, except in specific circumstances outlined in the Act. The court determined that handling asbestos included possessing, or otherwise having custody or control of, the substance. It further held that the general safety duty imposed on individuals required them to take reasonable steps to minimize the risks of asbestos exposure to others, including disclosing the presence of asbestos to tradespeople undertaking work in their homes. The court clarified that failure to comply with these obligations could result in criminal liability under the Act.

The court made several amendments to the Act, including specifying that certain sections applied only to commercial handling of asbestos, defining the term "handling" to include possessing or having custody or control of the substance, and clarifying the obligations of individuals regarding the disclosure of asbestos in their homes to tradespeople. The court also inserted a new example into the Act to illustrate the type of conduct that could result in criminal liability under the Act.