arthur chesterfield evans nsw democrats member of the legislative council
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Government Placed on Notice over Smoking Area Regulation
Feb 28th 2006

NSW Democrats MLC, Dr. Arthur Chesterfield-Evans, intends to knock down recently released regulations defining indoor and outdoor
areas under the Smoke-Free Environment Act. "The Smoke-Free Environment Act was a loophole in the Occupational Health and Safety Act, and these regulations are a loophole on the loophole. The only way that we can eliminate the risks to workers, employers, and the public is by implementing a clear and comprehensive ban on smoking in all covered areas," said Dr Chesterfield-Evans.

Dr. Chesterfield-Evans points out that the objects of the Occupational Health and Safety Act 2000 state that the health, safety and welfare of employees should be secured and promoted. Additionally, the Act states that the work environment should be "safe and healthy" and "protects them [workers] from injury and illness". "If the Government or the Opposition do anything to undermine a complete ban, they will be embroiling themselves in a public health scandal. A ban on smoking indoors has to be all or nothing, and nothing is not an option for a government that has responsibilities on health," he said.

Dr. Chesterfield-Evans believes that, rather than slowing the
total ban down, the Iemma government must speed up the process of
eliminating smoking from pubs and clubs. He believes that a far greater
degree of certainty this is necessary for legal, as well as health, and
economic reasons. "The terms that should guide venue owners and
employees through occupational health and safety issues have been
totally compromised. "Premises" have become "Areas", and "outdoors" has become 75% or less "indoors". This constant back sliding on a total ban, does not provided certainty for anyone, least of all pub-owners, " he said.

Dr. Chesterfield-Evans is also concerned that the regulations
reflect the relationship between gambling machines, smokers and
government revenues. The Victorian Department of Health's Centre for
Tobacco released findings, on the impact of introducing 75% smoke-free space in pubs and clubs, in February 2003. The report found no drop in patrons at pubs and clubs, but did note that there was a sharp decrease in gaming room use when these areas went smoke-free. An increase in calls to the Victorian Quit line was also noticed.

"We have known the dangers of breathing in second hand tobacco smoke for years, yet the Iemma government seems quite happy to allow smoking in enclosed spaces long after 2007!" Dr Chesterfield-Evans concluded.






updated: February 14, 2006


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