Page 5417 - Week 15 - Tuesday, 8 December 2009
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I note that the Australian Hotels Association said when this bill was introduced that the enclosed public places legislation sufficiently addresses the community concern around second-hand smoke. I am glad that the AHA agrees at least that enclosed public places legislation has been successful. But it is time to build on that success and take the next step.
Tobacco use is responsible for the greatest disease burden in Australia. In 2003, it was estimated that at least 15,551 people died from tobacco-related illnesses. Members may note that this estimate is lower than the 1998 estimate of 19,019. This does not mean that this bill is unnecessary. Tobacco is still the leading cause of death and disease in Australia and is a serious public health issue. It does not even compare to the estimated 1,705 deaths from illicit drug use, the 918 deaths from alcohol abuse or, indeed, the 396 road accidents as a result of alcohol use. These are just some of the figures that prompt the government to continue to act in this area.
The evidence is now clear: environmental tobacco smoke is harmful to the community. It is not just about the unpleasantness of smoke drifting across from smokers while people are sitting enjoying a drink or a meal. It has been estimated that 2,000 hospital admissions a year are caused by exposure to environmental tobacco smoke, also known as second-hand smoke.
Some may ask why businesses should be required to manage smoking that is occurring outside. That, however, is precisely the point. Smoking should not be treated differently merely because it is occurring outside in an area provided in an eating and drinking establishment. Diners are concentrated in a small place. They have limited ability to avoid second-hand smoke from adjacent tables.
Of particular concern though is the health and wellbeing of workers who continue to be exposed to tobacco smoke throughout their working lives. These workers are currently expected to approach people who are smoking, serve them, and pick up and empty ashtrays. Hospitality workers deserve the same protection that is provided in other workplaces—indeed, such as this workplace—regardless of whether they are inside the establishment or outside in the open air.
Throughout the development of this legislation, the government has been concerned to ensure that businesses were not put to any greater burden than the legislation that governs enclosed public places. This means that businesses have the same obligation to manage smoking inside and outside their premises. I should emphasise here that the obligation to manage smoking outside is only within the area that the particular premises control where their tables and chairs have been set up.
The bill provides that licensed premises that sell liquor, principally for consumption on the premises—that is, clubs and pubs—may designate part of their outdoor area for smoking. This is a business decision for clubs and pubs and many may not even take up the option of designating an outdoor smoking area.
Several obligations apply, however, in return for the permission to establish a designated outdoor smoking area or DOSA. This is only fair and appropriate. Licensees are to develop smoking management plans, which will detail how exposure
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