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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-14 Daily Xml
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TOBACCO PRODUCTS REGULATION (PROHIBITION ON SMOKING IN CHILDREN'S RECREATIONAL PARKS) AMENDMENT BILL

Introduction and First Reading

The Hon. M. PARNELL (15:53): Obtained leave and introduced a bill for an act to amend the Tobacco Products Regulation Act 1997. Read a first time.

Second Reading

The Hon. M. PARNELL (15:53): I move:

That this bill be now read a second time.

This bill is necessary because I believe that our children require protection from the effects of passive smoking. We are familiar in this place with the ongoing debate around smoking in hotels. We have had a debate about smoking in cars when children are present, and I think we have quite properly passed laws to prohibit that activity, but there are still areas where children are at risk. The area that I have focused on in this bill is playgrounds, or recreational grounds, commonly used by children.

There is substantial evidence and medical literature linking exposure to second-hand smoke, or side-stream smoke, with a range of serious and life-threatening health impacts. Those include heart disease, cancer, asthma and other respiratory problems. Children who are exposed to second-hand smoke are at an increased risk of asthma, sudden infant death syndrome, acute respiratory infections and ear problems.

Whilst most of the evidence relates to indoor exposure, there is now emerging evidence on how smoking affects air quality in outdoor locations such as alfresco cafes and playgrounds. A study recently measured cigarette smoke levels in a variety of outdoor locations. It showed that a person sitting near a smoker in an outdoor area could be exposed to levels of cigarette smoke similar to the exposure of someone sitting in an indoor tavern where smoking is allowed. Therefore, the second-hand smoke in outdoor areas, where people tend to congregate—including alfresco dining areas, sports stadiums and concert venues—can present a real health risk to patrons and staff. Those words indicate the views of ASH, the group Action on Smoking and Health, in its publication, A Resource Kit for Local Government.

The bill that I have proposed, to ban smoking in and around playgrounds, is not without precedent. The starting point is the Queensland legislation. The Queensland Tobacco and Other Smoking Products Act 1998 includes section 26ZK, with the title 'Person must not smoke near children's playground equipment'. The approach taken in Queensland is slightly different to mine, but it has the same effect, and that is to say that a person must not smoke within 10 metres of any part of children's playground equipment situated at a place that is ordinarily open to the public. There is a maximum penalty in the Queensland system of 20 penalty units, so there is legislative precedent for this approach.

The approach that I have taken is not to focus on the proximity to playground equipment per se, but to focus more on the definition of a children's recreational park, which would include a playground. I have defined that to mean an open, public place predominantly used for recreational purposes, such as a playground, park or reserve at which children are likely to comprise a significant proportion of the persons present, so it is a broader definition than that in Queensland.

As well as state governments legislating to ban smoking in playgrounds, we have also seen the response of a number of local councils in different parts of Australia. I will refer very briefly to two case studies, both by New South Wales councils. These case studies are contained in a document headed 'Neighbourhood friendly smoke-free councils'. It is a publication put out jointly by ASH (Action on Smoking and Health), the Heart Foundation, the AMA, the Local Government Association and the Cancer Council. A broad range of groups have compiled these case studies. They point to the case of Mosman Municipal Council where the publication states:

Mosman Municipal Council first banned smoking in playgrounds, sporting fields, bushland, foreshore reserves and beaches in June 2004. Following this, in September 2004 the smoke-free bans were extended to alfresco dining areas and within 10m of Council owned buildings. These bans were so popular with residents that in 2007 the Council extended them to cover all parks, public squares, bus shelters, Council car parks, alfresco eateries and beaches. Smoking is also banned within 10m of the entrance to Council-run buildings.

There are plenty of local government bodies that have taken the initiative already. The second example I refer to is the Shoalhaven City Council. Shoalhaven, as members would know, is a popular holiday destination on the New South Wales South Coast. The Shoalhaven City Council was one of the first councils in New South Wales to introduce bans at playgrounds and sporting venues in March 2004. The case study states:

Prior to introducing the policy, Shoalhaven City Council had recognised a change in community attitudes towards smoking, in particular in areas frequented by children. To address this, in March 2004 Shoalhaven City Council introduced policy on smoke-free playgrounds and outdoor sporting facilities. The policy banned smoking within 10 metres of occupied Council managed children's playground equipment, at all Council managed outdoor sporting facilities and Council run events.

The policy was supported by signage at the venues, a digital and hard copy brochure to educate the community and the option of a noncompliance penalty of $110, or what we would call an expiation. Some members might think that it is a harsh approach to be fining people for smoking in the proximity of children's playgrounds, but I think the point of attaching a penalty is as much in relation to education as it is to criminal enforcement. That was borne out, I think, by the Shoalhaven City Council's Director of City Services and Operations, John Wells, who said:

People are quite compliant with the policy. Clear signage and information is displayed at the locations where smoking is banned. People who unknowingly smoke in an area covered by the ban are often informed by other community members that they are in a no-smoking area. In nearly all cases this is sufficient to result in the person simply moving to an area where they can smoke.

My bill is not about throwing the book at smokers in playgrounds but, in the absence of a criminal offence, it is not possible for another member of the public to say, 'Excuse me mate; you're not supposed to smoke here. It's a kids' playground.' The two things go hand in hand, and I would be very surprised if any council or other regulatory authority would come down hard. I think the solution is to put up appropriate signage and to educate smokers.

The support for measures such as this I think is evidenced in some opinion polls that have been conducted and, in particular, a survey of 2,400 New South Wales residents which was conducted in December of 2006. That report found overwhelming support for smoking restrictions in a number of areas. For example, 69 per cent of respondents supported bans in outdoor eating areas; 80 per cent supported bans in sporting stadiums; 85 per cent supported bans outside workplace doors and entrances so you do not have to run the gauntlet of smoke just to get into your workplace; and the biggest by far in this response was 92 per cent who supported a ban on smoking in children's playgrounds. I would expect that a similar survey conducted in South Australia would provide similar results. That survey was obtained from the Cancer Council in New South Wales.

I do not pretend that this measure is novel. As I have said, it follows the Queensland example and the example of various local councils, but I note also that a number of members of this place weighed into the debate only a month or two ago, when the Mount Gambier City Council announced that it was considering a smoking ban after a complaint from a resident. That related to smoking at a children's playground.

ABC Radio reported two members of this chamber as supporting such a move. The Media Monitoring report for Monday 17 September reports the Hon. Michelle Lensink, Liberal substance abuse spokesperson, as supporting councils using by-laws to ban smoking. My bill goes further and does not require it to go through a council by-law but would make it a statewide ban. Media Monitoring also reports the Hon. Andrew Evans, Family First, saying that such smoking bans should be standard and that he believes that his party would be open to taking the idea to parliament.

I was encouraged to read both those comments from members of this place, which comments give me some heart that this legislation might succeed and that it might succeed where other similar bills have failed. I acknowledge that people have tried this sort of thing before me, including the Hon. Sandra Kanck, who put up a bill to prevent smoking at the Christmas Pageant, the Royal Adelaide Show and bus shelters.

It is only a matter of time before all those places become smoke free. For me, this playground issue is so important because our young people, our children, are not powerful enough to go up to adults in the playground and say, 'Excuse me, can you not breathe smoke on me?' Children do not have that power in our society, yet their parents, guardians and grandparents should be able to go up to someone in a playground and say, 'Look, this is a spot for children; you can smoke, but please go somewhere else; don't smoke around our children; don't expose them to the dangers of your second-hand cigarette smoke.' With those words, I urge all members to support this

Debate adjourned on motion of the Hon. R. Wortley.

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