Page 5415 - Week 15 - Tuesday, 8 December 2009

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I am encouraged that we have not, from the government’s perspective, at this stage been overly punitive. I think that we are heading in a certain direction with smoking. I think that this has to be a measured response if we are going to recognise the realities of the situation of what happens when those who are smokers and who want to smoke in our community go out to enjoy a few beers. We have to balance that reality with the consequences for them but more importantly the staff in hotels, pubs and clubs and for other patrons.

Mr Speaker, as I said before, I flag that I will move an amendment but in principle we support this legislation. I think that it does go most of the way towards achieving that balance between smoking and being realistic. I welcome the government’s initiative in this regard.

MS BRESNAN (Brindabella) (10.38): The Greens will be supporting the Smoking (Prohibition in Enclosed Public Places) Amendment Bill, as we believe it is necessary to seek better health outcomes for our community through preventative health actions like those proposed today. The Greens believe that there is persuasive scientific evidence to support the banning of smoking in outdoor dining and drinking areas and at under-age functions.

For example, smoking in crowded outdoor areas, such as restaurant patios, can lead to harmful levels of chronic second-hand smoke exposure in employees. Given that smoking bans reduce smoking prevalence and consumption, outdoor bans aid a reduction in smoking rates. I also note that smoking, alcohol and obesity have been listed as key areas for governments to target in order to reduce the impact of chronic disease, and this will have an impact on the provision of healthcare in coming years.

In looking at the best model to use when banning smoking in public places, the Greens agree that Queensland provides the most progressive legislation in Australia. Their smoking bans have been in force for several years now and have been effective in achieving their goals with little ill effects. While it also has been acknowledged that there have been some impacts, these have also been dealt with. Queensland is a good example, as it went from having some of the most relaxed smoking laws in the country to having some of the strongest. It was able to adapt to those changes.

The ACT will be following Queensland’s lead with one exemption, that being the permit for smoking to occur in outdoor areas that are off a gaming area. Unfortunately we must take this approach because of what can only be described as the half-hearted attempts the government made at legislation in 2005, which saw definitions of enclosed public places using a 72-25 rule. Through Dr Foskey, the Greens sought to disallow that regulation at the time but they were unsuccessful. While we believe the government should have done the job properly back then, given that they did not and clubs have gone and spent the money, it would be unfair of us to override them now and we will be supporting the exemptions.

The Greens also support the proposed banning of smoking at under-age events, given the increased impact that smoking, or second-hand smoke, has on children and young people. The Cancer Council of Victoria, for example, state on their website that children are particularly susceptible to the effects of second-hand smoke due to their


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