If you’ve come across the term “Division 6 asbestos audit,” there’s a good chance it’s because you’re dealing with a property in Victoria, or you’ve received advice from a Victorian-based contractor or consultant. It’s a precise, defined term used under Victoria’s Occupational Health and Safety Regulations 2017.
If your workplace is in Queensland, New South Wales, or any other state or territory operating under the Work Health and Safety (WHS) framework, the term “Division 6” doesn’t appear in your regulations at all. However, this doesn’t mean the underlying obligation disappears; it’s just structured and worded differently. This article explains both sides clearly, so you know exactly what applies to your property.
What “Division 6” Means in Victoria
Victoria is the only Australian jurisdiction that still uses OHS Regulations rather than the national WHS model. Within Part 4.4 (Asbestos) of the Occupational Health and Safety Regulations 2017, the asbestos provisions are split into numbered Divisions, two of which are routinely confused with one another:
- Division 5 – Asbestos in workplaces. This sets out the standard, ongoing duty to identify asbestos under normal conditions of use, and to maintain an asbestos register. It’s a visual, non-intrusive identification process covering accessible areas of the workplace.
- Division 6 – Demolition and refurbishment where asbestos is present. This applies specifically before demolition or refurbishment work begins. The person who manages or controls the workplace must review the existing asbestos register and revise it if it’s inadequate for the proposed works. For example, if the register doesn’t cover areas that are currently inaccessible but will become accessible once demolition or refurbishment starts (under flooring, behind wall linings, inside ceiling voids).
In practice, a “Division 6 audit” in Victoria is an intrusive, pre-works survey aimed at finding concealed asbestos before it can be disturbed and put workers at risk; a materially more invasive exercise than the standard Division 5 register-based inspection.
Why Queensland and Other WHS States Don’t Use This Term
Every other Australian state and territory operates under the model Work Health and Safety Regulations (with minor jurisdictional variations). The asbestos provisions sit in Chapter 8, and the structure is slightly different from Victoria’s, where there is no numbered “Division 6” dealing with demolition and refurbishment. Instead, that obligation is covered in a separate Part altogether: Part 8.6, “Demolition and refurbishment.”
So, if a Queensland PCBU has been told they need a “Division 6 audit,” the more accurate description is that they need their asbestos register reviewed, and likely revised through an intrusive pre-works survey to satisfy Part 8.6 of the WHS Regulation. The outcome they’re after is the same as their Victorian counterpart; the legal pathway to get there is just labelled differently.
The WHS Equivalent: Part 8.6 – Demolition and Refurbishment
For workplaces governed by the WHS Regulation, the key provisions are:
Part 8.6 applies broadly to the demolition or refurbishment of older buildings, structures, and plant where there are reasonable grounds to believe asbestos or ACM is present. Before work commences, the person with management or control of the workplace must ensure the asbestos register is reviewed and revised if it is inadequate for the proposed works. This is the direct WHS equivalent of Victoria’s Division 6 register review. The revised register must be provided to the demolition or refurbishment contractor before work begins.
In short, while the WHS framework never uses the words “Division 6,” it imposes a parallel duty: the existing asbestos register cannot simply be relied upon once demolition or refurbishment is on the table. It must be reviewed and, where necessary, supplemented with a more invasive inspection of areas a standard visual audit wouldn’t reach.
What This Means for Queensland Property Owners and PCBUs
If you’re planning demolition, refurbishment, or fitout works on a Queensland (or other WHS jurisdiction) property, the questions you must assess are:
- Is my existing asbestos register adequate for the proposed scope of works, or does it only reflect a standard, non-intrusive inspection?
- Are there areas that will become newly accessible during demolition or refurbishment (under floor coverings, within wall cavities, above ceiling tiles, inside service risers) that haven’t previously been assessed?
- Has a competent, licensed asbestos assessor carried out an intrusive pre-works inspection consistent with section 448 (and section 451, if no register currently exists)?
A PCBU who simply hands over the existing register without addressing these questions has not met its obligation, regardless of which state the property is in.
Penalties for Non-Compliance
Under the Work Health and Safety Act 2011 (Qld), failing to maintain an adequate asbestos register, or failing to review and revise it before demolition or refurbishment, is most commonly prosecuted as a Category 3 offence — a breach of a health and safety duty, carrying a maximum penalty of $500,000 for a body corporate. A Category 2 offence (maximum $1.5 million for a body corporate) applies where the failure exposes a person to a risk of death or serious injury, which requires a higher evidentiary threshold than a register or process failure alone. Beyond the regulatory penalty, an inadequate pre-works assessment also exposes property owners and managers to civil liability if a worker, tenant, or contractor is later harmed by undisclosed asbestos.
Engaging a Qualified Assessor
Given the technical complexity and legal significance of a Division 6/invasive asbestos audit, it is essential to engage an auditor who holds the appropriate licences and has demonstrated experience in commercial and industrial environments.
Global Asbestos Audits operates exclusively in the commercial and industrial sector, providing invasive audit services to property owners, facility managers, and PCBUs across Queensland and throughout Australia. Our licensed assessors bring specialist expertise and a thorough understanding of Queensland’s regulatory framework to every engagement.
To arrange an asbestos audit or management survey for your property or portfolio, contact our team today for a tailored consultation and obligation-free quote.