Page 3314 - Week 11 - Tuesday, 12 October 1993
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Madam Speaker, the proposals that we have put forward also allow for changing community norms to be taken into account. They also provide for smoking to be allowed in certain types of places as long as certain conditions are met. The proposed conditions concern the posting of signs, the use of separate ventilation, and measures to ensure that children and young people are not exposed to smoke. These seem inherently reasonable. It is proposed that the types of places which may be allowed to permit smoking, according to the agreed conditions, could include licensed premises whose primary business is other than the sale of food to be consumed on the premises; in other words, licensed premises whose primary business is the provision of gaming facilities or the serving of alcohol. Other types of premises not included in the proposed list of places to go smoke-free - initially, that is - are separately enclosed areas of restaurants and hotels used for meetings and private functions, and areas of hotels and other multi-unit residential facilities which are not common areas. All premises which are also places of work, but which are not specifically listed in the legislation, will be expected to abide by the occupational health and safety standards which I mentioned a little while ago.
I would like to say a little more about that matter. As I have indicated from the release of the two discussion papers, a dual approach is proposed. We are fortunate to have in the ACT a recognised and well-established tripartite body which addresses workplace health and safety issues on a cooperative and consultative basis. This body, the Occupational Health and Safety Council, has prepared a draft code of practice on passive smoking in the workplace. The draft code follows formal consultation with public health bodies and employer and employee groups, and reflects similar moves in New South Wales, which also were based on an extensive consultation process. The council has taken into account, and will continue to take into account, likely developments on a national level.
The workplace code of practice and the legislation are intended to complement each other. Under the proposed legislation there will be no smoking in parts of workplaces to which the public normally have access, where smoking is prohibited under public places legislation. If, for example, shops and restaurants are included in the legislation, then the public areas of these places will be smoke-free. Areas normally frequented only by employees will be covered by the occupational health and safety measures. Managers will therefore be responsible for applying the legislation in public areas, and the code of practice in employee areas. This arrangement builds on the roles that managers already have in administering policies for their customers and for their employees. The new arrangements are expected to be self-enforcing, through the provision of education, information and the use of clear and appropriate signage. The new arrangements will be beneficial in a financial sense to both employers and ratepayers. We know that passive smoking can trigger asthma attacks, cause acute and chronic respiratory problems, increase the risk of lung cancer and heart problems, irritate allergies, and contribute to a host of other health problems in non-smokers. The cost of this increases pressure on our hospital system. At the same time, businesses suffer from lost work days and lower productivity.
No-one is expecting or proposing overnight changes, yet we must take account of our responsibility to act strongly in this area when other approaches have already been tried and have been shown to be lacking. Madam Speaker, we must also take into account the significant changes that have already occurred in society. The 1993 national household survey, conducted for the national campaign against drug abuse, shows how socially unacceptable tobacco use has become.
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