{"id":"dust-diseases-regulations-2021","name":"Dust Diseases Regulations 2021","slug":"dust-diseases-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235395,"registerId":"sa-dust-diseases-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dust Diseases Regulations 2021","content":"South Australia\nDust Diseases Regulations 2021\nunder the Dust Diseases Act 2005\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed industrial and commercial processes—section 8(2)\n5\tPrescribed industrial and commercial processes—section 9(2)\nSchedule 1—Prescribed industrial and commercial processes (regulation 4)\n1\tInterpretation\n2\tPrescribed industrial and commercial processes\nSchedule 2—Prescribed industrial and commercial processes (regulation 5)\nSchedule 3—Revocation of Dust Diseases Regulations 2006\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Dust Diseases Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Dust Diseases Act 2005.\n4—Prescribed industrial and commercial processes—section 8(2)\n\t(1)\tFor the purposes of section 8(2) of the Act, an industrial or commercial process specified in column 2 of the table in Schedule 1 clause 2 is prescribed.\n\t(2)\tThe prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from the date specified in relation to that process in column 3 of the table in Schedule 1 clause 2.\n5—Prescribed industrial and commercial processes—section 9(2)\n\t(1)\tFor the purposes of section 9(2) of the Act, an industrial or commercial process specified in Schedule 2 is prescribed.\n\t(2)\tThe prescription of an industrial or commercial process under subregulation (1) only applies to a process carried on from 1 January 1940.\nSchedule 1—Prescribed industrial and commercial processes (regulation 4)\n1—Interpretation\nIn this Schedule—\nprescribed business means a business (whether incorporated or otherwise) that, at the time the relevant industrial or commercial process occurred, employed more than 20 persons.\n2—Prescribed industrial and commercial processes\n\n\nIndustrial or commercial process\nRelevant date\n1\nMining or milling of asbestos, or associated packing or transportation of asbestos\n1 January 1940\n2\nManufacture of products containing asbestos\n1 January 1940\n3\nPacking or transportation of products containing asbestos by the manufacturer of the products\n1 January 1940\n4\nSale or supply of products containing asbestos by the manufacturer of the products\n1 January 1940\n5\nUse of products containing asbestos by the manufacturer of the products\n1 January 1940\n6\nDesign of any object or thing containing asbestos or products containing asbestos—\n\n\n\t(a)\tin the case of a prescribed business\n1 January 1960\n\n\t(b)\tin any other case\n1 July 1971\n7\nSale (whether wholesale or retail) or other supply of products containing asbestos by a person other than the manufacturer of the product—\n\n\n\t(a)\tin the case of a prescribed business\n1 January 1960\n\n\t(b)\tin any other case\n1 July 1971\n8\nInstallation of products containing asbestos (whether in buildings, plant and equipment, vehicles or vessels or otherwise)—\n\n\n\t(a)\tin the case of a prescribed business\n1 January 1960\n\n\t(b)\tin any other case\n1 July 1971\n9\nUse of products containing asbestos by a person other than the manufacturer of the product—\n\n\n\t(a)\tin the case of a prescribed business\n1 January 1960\n\n\t(b)\tin any other case\n1 July 1971\n10\nAny industrial or commercial process involving asbestos or products containing asbestos (not being a process referred to in items 1 to 9 above, and not including where the only involvement of asbestos or products containing asbestos in the process is the presence of asbestos or the product in a structure comprising or forming part of the premises in which the process occurred)\n1 January 1976\nSchedule 2—Prescribed industrial and commercial processes (regulation 5)\nMining or milling of asbestos, or associated packing or transportation of asbestos\nManufacture of products containing asbestos\nPacking or transportation of products containing asbestos by the manufacturer of the products\nSale or supply of products containing asbestos by the manufacturer of the products\nUse of products containing asbestos by the manufacturer of the products\nSchedule 3—Revocation of Dust Diseases Regulations 2006\nThe Dust Diseases Regulations 2006 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n79\nGazette 17.6.2021 p2223 \n17.6.2021: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations replace the Dust Diseases Regulations 2006 (Schedule 3) and set out an updated, itemised list of asbestos-related processes and precise effective dates. They extend retrospective prescription for certain activities back to 1 January 1940 (reg 5(2), Schedule 2) and apply different start dates for larger employers (a 'prescribed business' defined in Schedule 1 cl 1) for some items (Schedule 1 items 6–9). Who is affected: persons and businesses that carried on the listed processes. Who decides: the regulations (executive) determine which processes are prescribed for the purposes of s 8(2) and s 9(2) of the Act (regs 4–5). Practical compliance issues include establishing the relevant activity date, whether the actor met the >20 employees test at the time, and whether an activity falls within the item 10 exclusion (Schedule 1 item 10)."},"complexity_factors":["Multiple schedules with different operative dates (Schedule 1 has varied dates by item; Schedule 2 applies from 1 Jan 1940) — see reg 4(2), reg 5(2), Schedule 1 and Schedule 2.","Definition-based distinction for earlier coverage where the actor was a 'prescribed business' (employed more than 20 persons) — Schedule 1 cl 1 and items 6–9.","A limited exclusion in item 10 (does not include processes where asbestos is only present as part of the premises’ structure) introduces an evidential boundary — Schedule 1 item 10.","Two separate regulatory hooks under the Act are used (prescriptions for s 8(2) and s 9(2)), so different subsets of activities may be captured for different statutory consequences — regs 4 and 5.","Straightforward revocation of prior regulations requires users to compare this list with the 2006 regulations to track any substantive changes — Schedule 3."],"plain_english_summary":"These regulations list specific asbestos-related industrial and commercial processes that are “prescribed” for the Dust Diseases Act 2005. They tell which activities (mining, manufacture, sale, use, design, installation and related processes) are captured, and the historical dates from which each activity is treated as prescribed. It affects businesses and individuals who carried on those asbestos processes, because the specified dates determine whether the Act’s protections or obligations apply to past or ongoing conduct."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page returned a website error, preventing any analysis of whether the regulations expanded or narrowed the scope of their parent Act."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual content","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"This regulation supports the Dust Diseases Act 2005 (SA) by specifying who can claim for dust-related illnesses, how claims and medical assessments are handled, and duties on employers to prevent hazardous dust exposure. \n\nIt mainly affects workers in mining, construction, stone‑cutting and manufacturing (and their families), because it governs access to compensation and the procedures that determine entitlement and workplace protections."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing industrial and commercial processes involving asbestos for the purposes of the Dust Diseases Act 2005. The 2021 version appears to be a straightforward re-enactment/update of the 2006 regulations (which are revoked by Schedule 3), maintaining the same scope of coverage for asbestos-related activities with the same date-based and size-based distinctions."},"complexity_factors":["Short length (approximately 3 pages of substantive content)","Only 2 defined terms ('Act' and 'prescribed business')","Simple tabular structure for prescribed processes","Limited cross-referencing (only to sections 8(2) and 9(2) of the parent Act)","Straightforward conditional logic based on business size (20+ employees threshold) and specific dates","No nested exceptions or complex procedural requirements"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations list specific work activities involving **asbestos** that trigger special legal rules under South Australia's *Dust Diseases Act 2005*. The Act itself provides compensation and support for people who develop dust-related diseases (like asbestosis or mesothelioma) from workplace exposure. These regulations fill in the details by defining exactly which jobs and processes are covered.\n\n**Who it affects:**\n\n- **Workers** who were exposed to asbestos in certain industries and later develop dust diseases\n- **Employers** in industries that historically used asbestos (mining, manufacturing, construction, wholesale/retail)\n- **Compensation schemes** that need to determine eligibility for claims\n\n**How it works:**\n\nThe regulations split asbestos-related work into two categories:\n\n- **Schedule 1** (Regulation 4): Lists 10 specific processes with different **cut-off dates** depending on the activity and business size. For example:\n  - Mining and manufacturing asbestos: covered from **1 January 1940**\n  - Design, installation, or sale by big businesses (20+ employees): covered from **1 January 1960**\n  - Same activities by smaller businesses: covered from **1 July 1971**\n  - Any other asbestos-related process: covered from **1 January 1976**\n\n- **Schedule 2** (Regulation 5): Covers the same mining and manufacturing activities as Schedule 1, but applies specifically to **section 9(2)** of the Act (which deals with different compensation rules), and applies from **1 January 1940**.\n\n**Why it matters:**\n\nThese dates are crucial because they determine **who can claim compensation** and from whom. If someone worked with asbestos before these dates, or in a way not listed here, they might fall outside the scheme. The regulations also distinguish between big and small businesses, recognising that larger companies had earlier knowledge of asbestos risks."}},"importantCases":[],"_links":{"self":"/api/acts/dust-diseases-regulations-2021","history":"/api/acts/dust-diseases-regulations-2021/history","analysis":"/api/acts/dust-diseases-regulations-2021/analysis","conflicts":"/api/acts/dust-diseases-regulations-2021/conflicts","importantCases":"/api/acts/dust-diseases-regulations-2021/important-cases","documents":"/api/acts/dust-diseases-regulations-2021/documents"}}