Page 4693 - Week 15 - Thursday, 16 December 1993
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The concept of discrimination is also not relevant, as smoking is not an intrinsic characteristic of a person, such as skin colour or physical disability. The activity of smoking does not have to accompany a person wherever he or she goes. I have to say, though, that when I smoked it went with me almost everywhere. Every major health and medical organisation in Australia accepts that passive smoking is a significant and entirely avoidable public health problem. The community agrees. The vast majority, more than 90 per cent, is concerned about the effects of passive smoking.
I would like now to turn to the Bill. This Bill will enable the Government to declare various public places to be smoke free. This will be done through a disallowable instrument, which will ensure that members of this Assembly can exercise their judgment on these declarations. At this stage, as a result of public consultation, I intend to table such a declaration when the Bill is passed. This declaration will prohibit smoking in many enclosed public places. The exception will be places, or parts of places, which are primarily for the service of alcohol or for gaming. I intend to look at dining areas and eating houses and, of course, they will be the subject of the declaration which I will later put before this chamber. There is widespread community support for the inclusion of these establishments. Indeed, restaurants, shops and places frequented by children were among the most commonly mentioned by members of the community participating in the consultation process. I consider that this support is well founded. Restaurants form part of the range of enclosed public places which are regularly frequented by Canberrans in the course of their daily lives.
I have been advised that many restaurateurs have expressed the view that they are ready and that their customers are ready, and all that they are waiting for is consistent and uniform legislation. That is a matter for the future and for members of this Assembly to consider. I expect to receive further comment in relation to these matters as we move further towards the tabling of those particular regulations.
Why has the Government stopped at hotels, clubs, pubs and taverns? I have previously indicated that I want to bring the community with us on this issue. Hotels and taverns, gaming facilities and similar places are areas where smoking has traditionally occurred. A transition leading to the phasing out of smoking in these places is likely to involve more challenges for owners and managers. I will continue to work with the relevant peak bodies and businesses in these areas to ensure that public health is not put at risk and to facilitate a transition over time. This consideration has persuaded me not to include these types of places among those where smoking will be initially prohibited. These places will still be subject to occupational health and safety provisions, and are likely to be covered by the conditions in the regulations, including those requiring that certain signs be displayed.
The legislation will allow for a phasing in of the smoke-free requirements so that changes come only after people are informed. It is important, Madam Speaker, to note that the ACT Occupational Health and Safety Council is developing a code of practice on passive smoking in the workplace. The code does not, and is not intended to, substitute for this proposed legislation. The code will serve to protect workers in public places where smoking is still permitted. It will also apply in places where this legislation does not apply - that is, in places where there are workers but not members of the public. This legislation will enable me
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