15.6 Domestic environments

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A further concern is exposure of children to tobacco smoke in domestic environments, particularly homes and cars. Education campaigns about smoking at home and in cars have become a regular part of tobacco control mass media and eduction campaigns. Common themes include raising awareness of the health effects of SHS on children and encouraging parents to either quit or smoke outside for the heath and safety of their children.93 These campaigns can be very successful in increasing the number of smokefree homes and cars.94, 95 Encouragingly, the adoption of smokefree public places and workplaces also increases the number of smokefree homes.96 An Irish study found that one in five smokers were smoking less at home since the introduction of the smoking ban in 2004.97 This is contrary to hospitality sector anecdotes that smoking bans lead to more parents exposing their children to smoking in the home.

According to the 2004–05 National Health Survey, more than a third (37%) of Australian children aged 0–14 years live in households with one or more regular smokers, while 10% of children 0–14 years live in households where there is at least one regular smoker who smokes indoors.98 In 2006, 43% of Australian households with smokers totally banned smoking indoors.96

15.6.1 Cars

Until recently private cars have been regarded as the domain of the domestic environment, and therefore resistant to regulation. Increasing regulation of the behaviour of motorists including prohibition on the use of mobile phones, appears to have made the public and governments more amenable to the idea of prohibiting smoking in cars when children are present. 50, 99–101

In October 1995, a world-first study was published that measured support for regulation of smoking in cars carrying children102—1461 NSW adult residents were asked, "Do you think it should be illegal to smoke in cars when travelling with children?" A substantial majority of respondents, 72%, agreed, 27% disagreed and 1% were undecided. The majority of smokers, 63% also agreed with a ban.[5]

In November 1995 a working party on the effects of passive smoking of the National Health Advisory Committee, released a draft report, The Health Effects of Passive Smoking. In addition to including an extensive review of the scientific evidence that exposure to SHS is harmful, the report also contained several policy recommendations to reduce exposure to SHS. The working party recommended that the "legal prohibition of smoking in private motor vehicles during periods when minors are passengers should be considered by State and Territory governments."104 p214

The indoor environment of the family car remains a source of significant SHS exposure for the most vulnerable members of society, children.105–107 A 2001 study of infant cotinine levels, an indicator of SHS exposure, in the Hunter Region NSW found that almost half of infants in the study had cotinine in their urine.108 The researchers concluded that additional policy and education interventions were needed to protect infants from SHS, including a ban on smoking in cars when children are present. A 2006 New Zealand study measured the levels of fine particulates in a car while in the presence of a smoker.106 The researchers found that the air quality in the car with the window partially or wholly down was similar to that found in a typical smoky pub, whereas when smoking occurred with the window closed it was at least twice as bad as even the smokiest pub.

Australians spend a considerable amount of time in their cars. In 1992, the latest year that data is available, Australians using cars did so for an average of 1 hour 27 minutes per day.109 People aged 35–54 spent the most time per day using cars, 1 hour 36 minutes per day on average. The longer time this age demographic spent is associated with their greater transport-related commitments, such as work and family. At these ages, many people may have children who need to be driven to and from child care, school, social and sporting activities.109

A project evaluation of the NSW "Car and Home Smoke Free Zone" parent education campaign found that a large number of parents and carers do not have smokefree vehicles.[6] At the beginning of the campaign in 2002, among households with a smoker, only 42% of family vehicles were smokefree. At the end of the three year campaign in March 2005, 60% of family vehicles were smokefree.110 While the number of smokefree vehicles greatly increased, the number of families allowing smoking in their vehicles remains substantial.

Given the length of time families spend in cars with their children and the number of families that permit smoking in their cars, SHS exposure among these children is likely to be a major health hazard. Research in 2007, among a Perth-based birth cohort of 14-year-old adolescents confirms the exceptional consequences of SHS exposure in the family vehicle. The study found that children exposed to SHS in the family vehicle were more likely to develop a persistent wheeze than those exposed to SHS in the home only.111 

15.6.1.1 Legislation banning smoking in cars

In January 2006, more than a decade after the issue of smoking in cars was first introduced in Australia, the Tasmanian Government announced it would include a proposal to ban on smoking in cars carrying children112 in a discussion paper to be released in June 2006.113 In March 2007, it announced that legislation banning smoking in cars carrying children under 18 would be implemented.114 A Bill to amend s.67H(2) of the Public Health Act was passed on 19 December 2007 and implemented on 1 January 2008.[7]

In February 2006, the South Australian Democrats proposed legislation to ban smoking in cars carrying children aged under 12,115 softening their previous position from a total smoking ban in cars. In August 2006, the South Australian Government announced plans to ban smoking in cars in which children under the age of 16 are passengers, with penalties of up to $200 applying.116 The Bill was passed in March 2007 and implemented on 31 May 2007, World No Tobacco Day, making South Australia the first state in Australia to pass the provision into law. The first reports of fines appeared in July 2007.117

In November 2006, the Parliamentary Secretary to the federal Minister for Health and Ageing issued a media release urging the states and territories to enact legislation banning smoking in cars.118 The possibility of national coordinated action for a ban was raised, but failed to be adopted, at the December 2006 meeting of the Ministerial Council Drug Strategy.[8]

Other overseas jurisdictions have passed bills that ban smoking in cars when children are passengers. Arkansas prohibits smoking in a car with a child who is required to be restrained in a safety seat (any child who is less than seven years old or weighs less than 60 pounds). An offence is punishable by a fine of $25, which is waived if the smoker enrols in a smoking cessation program.119 Louisiana bans smoking in cars with passengers aged 13 or younger and offenders may be subject to a $150 fine or 24 hours of community service.120

15.6.2 Multi-unit dwellings

While smoking is banned by state and territory law in enclosed common or shared areas of multi-unit housing, private living areas are exempted. In 2006, the New South Wales Consumer, Trader and Tenancy Tribunal upheld a case brought by occupants of an apartment against their smoking neighbours, requiring them to stop smoking in their adjacent apartment because of smoke drift.121 This precedent could precipitate other such actions and give license to rental managers to advise tenants that smoking is banned in rental apartments.

A Canadian survey found that 64% of apartment dwellers would prefer to live in an entirely smokefree complex and that 46% had experienced smoke from a neighbour seeping into their apartment.122 At least 36 pubic housing authorities in the US have banned smoking within private apartments.123