28 Feb 2008 questionsarchive

I seek leave to make a brief explanation before asking the Minister for Mental Health and Substance Abuse a question on the subject of WOMADelaide.

The Hon. J.M.A. LENSINK: WOMADelaide defines itself as smoke free, using the slogan, 'We're smoke free', and says in its guide that, 'If you smoke, respect the crowd around you by doing it away from the defined smoke-free areas.' On the website in the frequently asked questions, in response to, 'Can I smoke?', it says, 'We would prefer that you did not, for the comfort of other patrons.' I have been contacted by a constituent who has attended WOMADelaide in the past. She is an asthma sufferer and she says that the cigarette smoke tends to drift into the non‑smoking areas, and she also suspects that there are people attending who smoke cannabis. My questions are:

1.Will there be any health officers to enforce smoking rules?

2.What is the definition of a smoke-free event, in terms of whether there is a designated area for smokers as opposed to designated areas for non-smoking?

3.What penalties apply to people who breach what seems to be a voluntary code of practice for smokers?

The Hon. G.E. GAGO  (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health)  (14:29): The organisers of WOMADelaide have taken it upon themselves to enter into arrangements in relation to smoking at that particular event.

It is a matter for those organisations to determine what behaviours they believe are acceptable or non-acceptable for that event. Similarly, there has been some concern about smoking at Fringe events, particularly in relation to enclosed public spaces. Those sorts of complaints we are able to monitor and enforce because they breach the current laws. In relation to that I have been advised that the tobacco surveillance officers will be conducting random after-hours inspections during the Fringe Festival to ensure compliance with the smoking ban that is in place for enclosed public areas.

Those laws do not cover open spaces, so enforcement is at the discretion of individual organisations. I am not sure what arrangements have been put in place in terms of enforcement; that is up to the organisations. I am unaware as to whether they have requested inspectors to assist them in that or not. It is something that an individual organisation has to determine. 

It is similar to smoking on a public beach. Some councils can make determinations in respect of their local area and put local rules in place. In terms of state government legislation, that is outside our provisions. However, our provisions do allow for those organisations to make local determinations in respect of particular places and events.

The Hon. J.M.A. LENSINK  (14:33): I have a supplementary question: is the minister aware of any conditions that are applied to events if they print the slogan 'We're smoke-free' on their brochures?

The Hon. G.E. GAGO  (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health)  (14:34): I will take that question on notice and bring back a response.