Public hospitals and health centres - smoke-free

The purpose of the smoking ban is to:

• protect the community from exposure to second-hand tobacco smoke
• further ‘de-normalise’ smoking in the community - the less people see smoking in public places, the less they will tend to think that smoking is acceptable rather than harmful
• support people who have quit or are trying to quit smoking.

‘Public hospital’ is used broadly to refer to any of the following entities within the meaning of the Health Services Act 1988:

• denominational hospitals
• multi-purpose services
• privately operated hospital (Mildura Base Hospital)
• public health services
• public hospitals.

A registered community health centre is an independent community health centre that is registered by the Department of Health and Human Services.

A pedestrian access point refers to a door or gate by which a person can enter or exit the premises. It does not include emergency exits that are locked to entry, but does include shared doors or gates.

For example, where a building is occupied by a registered community health centre as well as other organisations, such as private businesses, any shared entrances that are used to access both areas of the building would be subject to the smoking ban.

Any entrances that lead only to premises not included in the smoking ban, such as the private offices, would not be subject to the ban.

The ban does not apply:

• to entrances to a private hospital, unless the entrance also provides access to a public hospital
• to an emergency exit that is locked to entry
• to a person walking through the smoke-free area
• to a person in a motor vehicle who is driving or being driven through the smoke-free area
• to a person in an area that is separated from the smoke-free area by a road
• to a person in an outdoor drinking area located within the smoke-free area
• to a person at a residential premises (in privately owned homes or land).

The smoking ban is intended to complement and provide legislative support to any existing smoke-free policies at public hospitals and registered community health centres.

If a public hospital or registered community health centre has its own smoking ban in place, the statewide ban will act as a minimum standard, with any further requirements put in place by the premises applying in addition to the legislative ban.

For example, if a hospital has a smoke-free policy for the entire premises, both the hospital’s policy and the statewide ban will apply. However, inspectors authorised under the Tobacco Act 1987 can only take action to enforce the legislative ban.

The occupier is required to display signs in the smoke-free area/s. The Department of Health and Human Services has a range of promotional materials available free of charge which can be used to raise awareness of the ban.  

Signage: Occupiers are required by law to install acceptable ‘No smoking’ signs at entrances (pedestrian access points) to their premises. Signs are available to order free of charge through the online order form on the Resources and factsheets page, and electronic versions can also be downloaded from this page.

Promotional materials: Posters and factsheets are available to help inform staff, visitors and the general public about the smoking ban at hospitals and health centres. These can be downloaded or ordered free of charge through the online order form on the Resources and factsheets page.

Under the Tobacco Act 1987 an occupier in relation to an area or premises, means:

• a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or
• a body corporate that is or appears to be in control of the area or premises.