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Legislative Assembly for the ACT: 2002 Week 11 Hansard (25 September) . . Page.. 3208 ..

MS MacDONALD (continuing):

The number of exempt licensed premises currently stands at 77, with another 10 applications pending. Assuming that all pending applications are granted, these exemptions would represent approximately 46 per cent of all non-dining licensed premises in the ACT.

Since 1994 information has continued to accumulate about the harmful effects of passive smoking and about the limitations of ventilation systems to provide effective protection from tobacco smoke. There has also been an increase in successful legal and compensation claims by people who have suffered passive smoking-related diseases and conditions.

Australia's National Health and Medical Research Council, the National Occupational Health and Safety Commission, the National Heart Foundation, the Cancer Council of Australia, and medical colleges are among the health and medical authorities to have urged that effective measures be put in place to protect people from passive smoking in enclosed public places and workplaces. The need to reduce people's exposure to ETS is highlighted as a key strategy area in the national tobacco strategy and is discussed in some detail in the National Response to Passive Smoking in Enclosed Public Places and Workplaces, endorsed by the National Public Health Partnership.

From the point of view of occupational health and safety, the exemption system has created inconsistencies between the act and the Smoke-free Workplaces Code of Practice pursuant to the Occupational Health and Safety Act 1989. These inconsistencies have become an increasing source of confusion for employers and employees.

At a national level there is a perception, as evidenced by the recent national tobacco scoreboard, that the ACT has not only failed to maintain its leadership role but has fallen behind other jurisdictions in several areas of tobacco control, including passive smoking. There are some who will argue that the scoreboard has no relevance and that it is not a credible tool in assessing government performance in addressing smoking issues. In more cases than not, these are the same people who were highlighting the scoreboard when the ACT was sitting at number one.

The need to review and update the exemption system was particularly noted in the context of the ACT's low placing on the scoreboard. Within the ACT, criticism of the ACT's exemption system has continued over the past eight years. Health and medical groups are concerned that the system exposes customers and employees to tobacco smoke, and the Health Protection Service regularly receives complaints about tobacco smoke exposure in exempt premises, even where current requirements are met. A number of people have made complaints to me and asked me to do something about smoking in licensed clubs and premises that have been granted exemptions.

Legislation restricting or prohibiting smoking in enclosed public places has now been enacted in every state and territory. Western Australia is currently considering proposals for strengthening its legislation and a legislative review will be conducted in Tasmania in the near future.

There is now considerable justification from a public health perspective for providing patrons and employees with more effective protection from passive smoking. This would ideally involve phasing out the current system of exemptions. Because one-quarter of

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