Legislation Reference Network
National Response to Passive Smoking in Enclosed Public Places and Workplaces
In 1998, following the recommendations contained in the Senate Community Affairs References Committee report (the Herron Report), the Australian Health Ministers’ Advisory Council agreed that the National Public Health Partnership include a national response to passive smoking in the work program of its Legislation Reform Working Group. A key strand identified for a national response to passive smoking was minimising people’s exposure to tobacco smoke in public places and workplaces, which was unlikely to be achieved in the absence of legislative requirements.
The resultant National Response to Passive Smoking in Enclosed Public Places and Workplaces has been developed in close consultation with tobacco policy officers of all jurisdictions. It comprises the following documents:
A background paper outlining the impact of passive smoking on public health and a rationale for a national response to this issue. While the background paper forms part of the national response to environmental tobacco smoke (ETS) exposure in public places and workplaces, the enactment of legislation regarding passive smoking remains the responsibility of the States and Territories. Information is therefore presented to assist jurisdictions in the continuing development of their own responses to this issue.
The guiding principles and core provisions are intended to provide a policy blueprint for decision-makers to aid in the development of new legislation or review existing legislation in relation to passive smoking. However, the Partnership recognises the sovereignty of each State and Territory Parliament to enact its own laws in this field, and the desirability of retaining flexibility for individual jurisdictions to adapt the model provisions to local circumstances and systems as they see fit.
The package, therefore, is not intended to prescribe the method or content of individual States and Territories’ legislation in this area or to be adopted pursuant to a specific national legislative scheme.
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Last Updated: 1 July, 2005