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Legislative Assembly for the ACT: 2002 Week 11 Hansard (25 September) . . Page.. 3229 ..


MR STANHOPE (continuing):

being debated today states, there has been an increase in claims by workers who have suffered from passive smoking at work. The World Health Organisation and other health authorities acknowledge that there is no safe level of exposure to environmental tobacco smoke.

Tobacco smoke represents a special risk for children, for pregnant women and for people with existing ailments and conditions. Given all this, I think it is universally agreed that a responsible public health response includes taking all reasonable steps to ensure the highest possible level of protection for workers and others in enclosed public spaces.

It should also be noted that the current legislation prohibits smoking in all enclosed public places, unless an exemption is provided. The ACT was, I think, one of the first, if not the first, jurisdiction to put this type of legislation in place. Providers who choose to permit smoking on their premises under the exemption system are advised by the Department of Health and Community Care that they do so at their own risk, in view of other statutory and common law duties of care.

However, in view of the seriousness of the matter for workers and patrons, the government does intend to review the exemption system in the future. We will, of course, consult fully with the community on that. The ACT draft health action plan, currently out for consultation until 30 September, indicates the government's intention to review the system of exemptions. As members may be aware, phasing out exemptions is also an ALP platform position. The system of exemptions was forced on the ACT by Michael Moore, who amended ALP government legislation when it was passed in 1994.

The exemptions from the operation of the smoke-free public places legislation are not based on any health standards for a safe level of exposure to tobacco. They are based on airconditioning standards for the level of smoke in the air at which you will supposedly experience discomfort. In fact, those standards have been watered down. One of the ironic aspects of this matter is that those standards have been watered down since the legislation was introduced in 1994.

As I say, the government will be pursuing a full review of exemptions. We do look to the removal or phasing out of exemptions by 2006, but we are happy to support this motion. We are happy to continue a process of review of the exemptions in place. As I say, the government supports this motion and supports Ms Tucker's amendment.

MS MacDONALD (3.48): I have circulated an amendment as well. I move the amendment circulated in my name, which reads:

Omit the words "last sitting day in December 2002", substitute the words "first sitting day in 2003".

Mr Speaker, if no-one objects, I would be happy to both speak to my amendment and close the debate.

MR SPEAKER: I do not know whether there are any other speakers and I cannot anticipate that, so I think you would be on safer ground if you just stuck to your amendment.


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