Asbestos law in Australia exists for one reason: to stop people from being exposed to a substance that is still killing workers decades after it was banned. When a business skips the licensing and safety requirements that govern asbestos removal, Adelaide businesses are legally required to follow, the consequences can be severe, both for the people exposed and for the company itself.
A recent South Australian prosecution shows exactly how those consequences play out in practice, and why licensed asbestos removal isn’t a box-ticking exercise but a legal obligation with real financial and reputational stakes.
The Case: Conroy’s Smallgoods Pty Ltd
In August 2026, the South Australian Employment Court handed down a $90,000 fine against Conroy’s Smallgoods Pty Ltd after the company exposed workers to asbestos during demolition and clean-up activities at its former Brompton site.
The company entered a guilty plea and was sentenced on 13 August 2026, following an investigation and prosecution brought by SafeWork SA.
What happened
Between December 2021 and February 2023, Conroy’s Smallgoods carried out clean-up and demolition works at its former food processing premises on Seventh Street, Brompton – a site the company already knew contained asbestos-containing materials.
SafeWork SA uncovered the unauthorised works during its investigation. A subsequent asbestos assessment of the site found that both friable and non-friable asbestos had been disturbed during the demolition process, with asbestos debris scattered not only through the workplace but also onto a neighbouring property. Investigators concluded that the disturbance had likely released substantial airborne asbestos fibres, putting workers at meaningfully elevated risk of exposure.
Critically, the investigation established that the demolition and clean-up work amounted to asbestos removal work, and that Conroy’s Smallgoods did not hold the licence legally required to carry it out. Because the work was unlicensed, none of the legal safeguards that are supposed to accompany asbestos removal were in place: workers weren’t operating under proper licensed controls, the required notifications weren’t lodged, dedicated asbestos removal work areas weren’t set up, and there was no airborne fibre monitoring or clearance inspection by an independent licensed asbestos assessor.
The charge and the outcome
Conroy’s Smallgoods was charged with a Category 3 offence under section 33 of the Work Health and Safety Act 2012 (SA) – a breach of the duty to ensure health and safety.
Handing down the sentence, Deputy President Judge Crawley did not mince words, describing the conduct as an “egregious breach” of the company’s duty of care to the people it engaged to do the work. Judge Crawley noted that the company was well aware asbestos was present on site, and pointed out that the dangers of asbestos-related disease – and the seriousness of the risk of contracting it – are widely and well understood.
The court recorded a conviction and imposed a $90,000 fine. In addition, Conroy’s Smallgoods was ordered to pay SafeWork SA’s legal costs of $2,310 and a victims of crime levy of $424.
Why Asbestos Licensing Requirements Exist
This case clearly illustrates what can go wrong when a business treats asbestos removal as ordinary demolition work rather than a specialised, tightly regulated activity.
SafeWork SA Executive Director Glenn Farrell highlighted the broader significance of the case:
“Asbestos has been banned for more than 20 years yet remains one of the most serious workplace health hazards.”
Mr Farrell emphasised that businesses carry a responsibility that goes beyond their own workforce: “Employers must take every precaution to protect workers and the broader community where asbestos-containing materials are present. This includes identifying asbestos, assessing the risks, engaging appropriately licensed specialists and ensuring asbestos work is carried out in accordance with legal requirements.”
He also framed the prosecution as a wider warning to industry: “This prosecution is a reminder of the importance of proper planning, risk assessment and regulatory compliance before any demolition, refurbishment or clean-up work is undertaken. Licensed asbestos removal requirements exist to prevent exposure to a known carcinogen.”
Mr Farrell connected the case to national efforts to phase out asbestos-related harm altogether, noting that safe identification, management, removal and disposal of asbestos support the goals of the Asbestos National Strategic Plan 2024–2030, including eliminating asbestos-related disease and encouraging safe, proactive removal practices.
His closing message was direct: “Workers should never be placed in situations where asbestos-containing materials may be disturbed without appropriate controls, specialist oversight and safe systems of work.”
The Legal Consequences of Unlicensed Asbestos Removal
The Conroy’s Smallgoods case demonstrates several consequences that can follow when asbestos work is carried out without the appropriate licence:
- Criminal prosecution: undertaking asbestos removal work, or allowing it to occur, without the required licence can constitute a breach of workplace health and safety duties and expose a business to prosecution.
- Significant financial penalties: fines of this scale (plus court costs and levies) reflect how seriously courts treat breaches involving a known carcinogen.
- A recorded conviction: beyond the financial cost, a criminal conviction carries long-term reputational consequences for a business.
- Worker and community exposure: perhaps most importantly, the case shows how unlicensed work can put not just employees but also neighbouring properties and the wider community at risk.
What This Means for Asbestos Removal in Adelaide and Beyond
Whatever the industry, if a site is known or suspected to contain asbestos, the law requires far more than good intentions. Businesses planning demolition, refurbishment or clean-up work need to:
- Identify whether asbestos-containing materials are present before any work begins
- Have the site properly assessed by qualified professionals
- Engage a contractor holding the correct asbestos removal licence for the type and scale of the work
- Ensure required notifications are lodged with the relevant regulator
- Establish compliant asbestos removal work areas
- Arrange independent air monitoring and clearance inspections before the area is deemed safe to re-enter
Skipping any of these steps isn’t just a compliance risk. As this case shows, it can mean criminal prosecution, substantial fines, and lasting exposure risk for workers and the community alike.
Asbestos law leaves little room for shortcuts, and the penalties for getting it wrong can be steep. If your business is planning demolition, renovation or clean-up work on a site that may contain asbestos, engaging appropriately licensed and experienced specialists from the outset isn’t just the legally safe option; it’s the only one that protects your workers, your neighbours and your business.
Global Asbestos Audits has extensive expertise and experience helping commercial property owners and developers navigate the legal and practical complexities of asbestos removal in Adelaide and across South Australia.