Page 219 - Week 01 - Wednesday, 23 February 1994
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Mrs Carnell: Like the Labor Club.
MR BERRY: The Labor Club is subject to the OH and S Act. Do not mislead people.
Mrs Carnell: So are restaurants.
MR BERRY: So, too, are restaurants.
Mrs Carnell: So we do not need the Bill.
MR BERRY: I emphasise that this declaration is to be published in the Gazette and is a disallowable instrument subject to scrutiny in this Assembly. I thought you were supporting the Bill. This clause in particular has been and is the subject of extensive - - -
Mrs Carnell: You are the one who just said that the OH and S Act covers it.
MR BERRY: The fact of the matter is that it has been explained that there are areas that will not be picked up in this legislation at this point but will be picked up by the occupational health and safety legislation under the duty of care provision.
Mr Cornwell: "Trust me".
MR BERRY: Yes, you can. Clause 5 has been and is the subject of extensive public consultation. Health considerations and public consultation make it likely that smoking will be prohibited in the following places: Shopping malls and places retailing goods or services, educational institutions, health care facilities, public transport vehicles, indoor sports and recreation facilities - - -
Mrs Carnell: With or without bus drivers?
MR BERRY: With bus drivers. (Extension of time granted) The list of such places also includes places used for displays, exhibitions and public meetings; places used for music, drama and other performances; parts of residences when used for registered commercial child-care; service queues, service counters and waiting areas; common areas of multiple unit residential and commercial premises; places licensed under the Liquor Act when used for alcohol-free events, such as under-18 discos; and restaurants, cafes, coffee lounges, dining areas and all places where the main business is the service of prepared food to be consumed on or off the premises.
In some places where there is more smoking, moving to non-smoking will take more time, and it is therefore not practical to move at the same pace for all types of places. For this reason, we are proposing not to prohibit smoking in places primarily for the consumption of alcohol and/or for gaming, although incidental food may be available; separately enclosed areas of public places used for private functions such as wedding receptions; and parts of multi-unit residential facilities which are not common areas, such as guests' and residents' bedrooms. If smoking is to occur in these places three conditions will have to be met. Prescribed signs must be displayed to the effect that smoking can take place. All reasonable steps - - -
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