Page 4277 - Week 13 - Thursday, 17 November 2005
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I appreciate that the object of the ACT government was not one of minimising problem gambling. However, there was an opportunity here to take the reality of smoking and gaming into account when the regulation was drafted. It is inexcusable that it was not done.
A new key factor influencing the effect of this is the new industrial relations and welfare-to-work regime that the federal government is introducing. One of the undeniable consequences of these changes is that there will be a bigger pool of unrepresented, fairly vulnerable workers unsure of their rights and entitlements. They will have no leverage to insist on a safe working place or even to limit the amount of time they must spend in the 75 per cent enclosed smoking places.
What we are doing in the ACT has a national significance; so the occupational health and safety implications are important. This regulation will not rule out bars and other services being a part of 75 per cent enclosed smoking places. It does not rule out live entertainment in smoking places. It does not ensure that waiters and bar usefuls cannot be required to clean up inside smoking places while they are being used.
It is conceivable that the ACT Occupational Health and Safety Commissioner will take a strong line on this. I hope that he will. I look forward to hearing some reassurance from the Minister for Industrial Relations that she would support and encourage such a vigorous approach. But, even with that, there is no guarantee that the kinds of abuses I am talking about will not happen a lot in the ACT. In other jurisdictions it is even less likely that the rights and safety of all staff and patrons will be considered, as we have been very proud of our occupational health and safety strategies and record.
One problem specific to this regulation is that an area is to be taken to be open when it is in fact open. Rooms can have walls that open and close. If there is a WorkCover inspector coming, I am sure that walls, windows and roofs could be more open. At other times, when it is cold, late or whatever, then they could be more closed—74 per cent today, 85 per cent tonight. No-one imagines it is going to get any easier for union OH&S representatives to get access to workplaces across Australia, perhaps even in the ACT despite our legislation.
Of course, I hope that the clubs for whom this regulation appears to be designed are aware that things will change. I regret that they will be able to argue that the investment they put in to create the 75 per cent enclosed spaces needs time to be realised. This was avoidable. And it should not have been allowed to happen. The health minister has flagged that an approach similar to Queensland is in the pipeline. But how long is that pipe?
I am moving to disallow this regulation because those changes ought to be made now rather than three or four years down the track, when all the venues have built their unenclosed, fully covered, serviced, weather-protected, gas-heated smoking rooms. When making this regulation, the ACT government could have ensured that the health and safety of all patrons and staff would be protected, while people wishing to have a smoke could still find a comfortable place with their drink, out of the weather.
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