15.4 Smoking bans in key public areas and environments

All Australian states and territories have adopted legislation banning smoking in enclosed workplaces (with a number of exceptions and variations as laid out in the state and territory summaries; see Chapter 15, Section 15.7). In all states and territories, laws which ban smoking also extend to aerosol from e-cigarettes (vaping).ⁱ

Smoking bans were voluntarily adopted by employers in most indoor workplaces throughout Australia many years before such legislation was introduced, primarily based on acceptance by employers that secondhand smoke (SHS) exposure presented an occupational health and safety risk to employees.^1,2 Section 19 of the Work Health and Safety Act 2011 (Cth) (formerly the Occupational Health and Safety Act 1991)ⁱⁱ imposes on all employers a duty to ensure, so far as is reasonably practical, that their workers are safe from injury and risks to their health while at work. Similar legislation exists in all Australian states and territories. In 2003, the National Occupational Health and Safety Commission (NOHSC) recommended that exposure to environmental tobacco smoke be eliminated in all Australian workplaces. The Guidance Note on the Elimination of Environmental Tobacco Smoke in the Workplace (3019/2003) states: ‘The NOHSC has agreed that, given the health risks of environmental tobacco smoke, all Australian workplaces should be made completely smokefree as soon as possible, i.e. environmental tobacco smoke should be excluded’ (p1).³

Implementing smokefree policies and legislation in some workplaces has proved more controversial and challenging than in others. A detailed description of the legislation applicable in each state and territory is set out in Chapter 15, Section 15.7. The material below provides an overview of the unique hurdles faced in gaining support for or implementing policies to protect against SHS in a number of venues and environments. Issues relevant to restriction of smoking in outdoor areas that do not constitute workplaces are covered in Section 15.5. Data about the acceptability of various sorts of policies is covered in Section 15.2. Evidence about the feasibility of, and compliance with, smoking bans is covered in Section 15.8. The final sections of this chapter describe evidence that such bans have been associated with changes in exposure to environmental tobacco smoke, changes in behaviour among people who smoke (Section 15.9) and declines in illness and deaths from asthma and heart disease (Section 15.9).

15.4.1 Hospitality venues

Success in Canada, New Zealand, Norway, Ireland and California in eliminating smoking in pubs and clubs, and subsequently in reducing respiratory problems for staff, encouraged the push for smokefree hospitality venues in Australia.^4-7

Smoking bans in cafés and restaurants came into force in Australia prior to bans in pubs and clubs in every state and territory. Public support for bans in dining areas was higher than support for bans in pubs and clubs at the time smokefree dining legislation was introduced, and the tobacco and hotel industries vigorously opposed bans in licensed premises. In the 1993 parliamentary debates for the introduction of smokefree dining legislation in the Australian Capital Territory (the first jurisdiction in Australia to introduce such legislation), the Minister for Health indicated that the proposed legislation would not apply to pubs and clubs due to the challenges for owners and managers in introducing smoking bans in these areas where smoking ‘traditionally occurred’; the Minister stated the government would prefer to transition to smoking bans in licensed premises over time.ⁱⁱⁱ

All Australian states and territories have now banned smoking indoors at hospitality venues.^iv Bans on smoking in outdoor drinking and dining areas differ between jurisdictions (see Chapter 15, Section 15.7).

15.4.1.1 Accommodation

In Australia, smoking in private rooms in accommodation, including hostels, hotels and motels, is banned in the ACT,^v NSW^vi, WA^vii and the NT (subject to exceptions)^viii. Queensland, SA, Victoria and Tasmania retain exemptions from smoking bans for private rooms in accommodation.^ix In the US, eight states—California, Colorado, Connecticut, Indiana, Michigan, North Dakota, Vermont and Wisconsin—and 309 municipalities have implemented laws requiring all hotel and motel rooms to be 100% smokefree.⁸

In addition, several international hotel chains have announced that they will no longer allow smoking in private rooms and have elected to be entirely smokefree.⁹ In January 2006, Westin became the first hotel chain to ban smoking at all 77 locations in the US, Canada and the Caribbean.^x Its smokefree policy has been since extended to include all hotels in Ireland, Scotland, Australia, New Zealand and Fiji.^xi In May 2012, Westin also announced that the Westin Paris, Vendome would be smokefree.^xii In October 2006, Marriott implemented a 100% smokefree policy in all 2,300 hotels in the US and Canada, which affects more than 400,000 guest rooms.^xiii In September 2016, Choice Hotels International announced that all Comfort Inn motels would be smokefree from 1 January 2017, making Comfort the largest smokefree hotel brand in the US and Canada.^xiv Other 100% smokefree hotel chains in the U.S. include: Shilo Inns, Heartland Inns and many independent smokefree hotels across the US, such as the legendary Greenbrier Hotel and Casino in West Virginia.¹⁰

15.4.1.2 Cafés, restaurants

In the 1990s the restaurant trade supported a ‘self regulation’ approach to implementing smokefree areas in restaurants.¹¹ A 1993 study examined whether non-smoking policies had been implemented in accordance with the restaurateurs’ perceived need for such policies. The research highlighted a large discrepancy between owner-perceived need and actual implementation: only one-third of owners who thought they should provide smokefree areas actually provided such areas. The researchers concluded that: ‘self-regulation has not worked, as judged by the restaurant industry’s own criterion of provision according to owners’ perception of need’ (p1287).¹²

In 1994, the Australian Capital Territory became the first Australian government to ban smoking in restaurants. The successful¹³ and popular ban became ‘a reference point to dispel industry scare mongering that the hospitality industry would face ruin because of reduced dining’ among people who smoke (p283).¹⁴ The Australian Capital Territory ban set a precedent: within six years of its introduction six out of eight states and territories moved to ban smoking in restaurants. By 2003 all states and territories had implemented smokefree indoor dining, with bans commencing in Queensland in 2002 and in the Northern Territory in 2003.

A 2002 evaluation of South Australia’s smokefree dining laws found that the legislation had ‘been adhered to by both the majority of restaurateurs and customers, and was inexpensive for restaurateurs to implement. Smokefree dining legislation can be implemented with confidence’ (p44).¹⁵ Further evidence on the feasibility of, and compliance with, such legislation is described in Chapter 15, Section 15.8.

15.4.1.3 Al fresco dining areas

All Australian jurisdictions have introduced legislation restricting smoking in outdoor dining areas.^xv However, the specific laws in place vary between jurisdictions, with some jurisdictions adopting more comprehensive restrictions than others. For example, in Queensland smoking is prohibited in an ‘outdoor eating or drinking place’ when food or drink is available for consumption (see ss 132 and 133 of the Tobacco and Other Smoking Products Act 1998 (QLD)).¹⁶ On the other hand, in New South Wales smoking is only prohibited in ‘commercial outdoor dining areas’ while food is being consumed or is available for purchase and consumption (see ss 4A and 6A).¹⁷ Smoking is still permitted in outdoor areas where only drinks are served. South Australia, Tasmania and Victoria have all adopted a similar model to that adopted in New South Wales,^18-24 while the Australian Capital Territory, Northern Territory and Western Australia have adopted similar legislation to that in place in Queensland.^25-30

Prior to the enactment of state legislation, a number of local governments across Australia implemented smoking bans in al fresco dining areas under their control. These include Fremantle, the Vincent and Joondalup councils in Western Australia, and a number of councils in New South Wales. As of January 2014, 42 New South Wales councils had adopted or voted to adopt smokefree al fresco dining policies. This includes regional councils (such as Bega Valley, Newcastle and Wagga Wagga) and metropolitan councils (including Leichhardt, Mosman, Newcastle, Parramatta, Pittwater, Ryde, Willoughby and Waverley).^xvi Similarly, a number of Victorian councils adopted smoking bans in some or all al fresco dining areas under their control (including the City of Melbourne, Baw Baw Shire and Greater Shepparton City Council).³¹

15.4.1.4 Pubs and clubs

Licensed premises were among the last indoor environments and workplaces for smoking to be banned. (The reasons for this delay are detailed in Chapter 15, Section 15.3.) Licensed premises were also the environment where people and particularly workers were the most likely to be exposed to SHS in Australia.³² The first state or territory to ban smoking in pubs and clubs was the Australian Capital Territory in 1998. The Northern Territory was the last jurisdiction to act, bringing in a ban on smoking in enclosed areas of licensed premises from 2 January 2010.

The Australian Hotels Association was the most vocal opponent of banning smoking in licensed premises.³³ A 2005 study examining the media themes (1996–2003) of bar smoking bans found that the Australian Hotels Association largely kept away from the health agenda and sought to reframe a ban as being economically devastating, impractical, and ‘un-Australian’. The health effects of SHS were virtually uncontested in the media. The researchers concluded that, ‘either explicitly or by implication, the health perspective remained the core, unavoidable starting point of every media report about ETS’ (p683).³³

While Queensland has adopted comprehensive restrictions to smoking in outdoor dining areas in cafes and restaurants, smoking and drinking is still permitted in designated outdoor smoking areas (DOSAs) at venues holding a commercial hotel, community club or casino license (see s 137 of the Tobacco and Other Smoking Products Act 1998 (Qld)). During a 2022 consultation, the Queensland Government sought community input on proposals to further restrict smoking in pubs and clubs.³⁴ The proposals included prohibiting drinking in DOSAs and banning children from entering these areas. In July 2024, new laws were introduced to prevent children from remaining in a DOSA, although they may still ‘walk through’ the area (see section 138). The proposal to ban drinking in DOSAs was not adopted.

15.4.1.5 Casinos and poker machine venues

Some Australian jurisdictions have retained exemptions that permit smoking in high roller rooms at casinos.  In Queensland, smokefree legislation continues to permit smoking in ‘premium gaming rooms’ (see ss 111 and 112).¹⁶ While most casinos have adopted voluntary bans on indoor smoking, The Ville Casino in Townsville continues to permit smoking in its VIP Orpheus Room.³⁵

In NSW, smokefree legislation provides a limited exemption for private gaming areas within The Star, Sydney. The legislation requires the Minister to regularly review the exemption (see section 11C of the Smokefree Environment Act 2000 (NSW)). The 2026 report on the review of the exemption was tabled in the NSW Parliament on 30 April 2026, and concludes that the exemption remains justified.³⁶ This conclusion was reached despite a submission from the Star Entertainment Group advising that ‘the annual exemption is not required’ as the casino has adopted a voluntary ban on indoor smoking. 

Similarly, smokefree legislation in the Northern Territory allows high roller rooms to be approved and declared as exempt (see reg 8A of the Tobacco Control Regulations 2002 (NT)). However, no casinos in the Northern Territory currently allow indoor smoking.

Tasmania, ACT, South Australia, Victoria and Western Australia do not provide exemptions in their respective legislation.

Internationally, casinos in New Zealand are now smokefree. In 2015, the government of Macau (home of the world’s largest gambling hub) announced its intention to introduce laws which would expand its restrictions on smoking in casinos. In Macau, smoking is banned on ‘mass market’ gaming floors. The proposed restrictions were aimed at prohibiting smoking in VIP gambling rooms, and abolishing ‘smoking lounges’.³⁷ However, the proposal stalled in parliament and ultimately was not enacted. After a lengthy debate, laws were introduced in 2018 to prohibit smoking in all VIP gaming areas but allow enclosed smoking lounges.³⁸

People who smoke contribute more to gambling revenue than non-smokers and, according to a gambling industry report, ‘smoking is a powerful reinforcement for the trance-inducing rituals associated with gambling’ (p231).³⁹ Smokefree policies in Victorian gambling venues were found to lead to an abrupt, long-term decrease in electronic gaming machine losses.⁴⁰ Public health advocates have reframed this argument as reduced time on poker machines being beneficial to those who smoke that may also have a gambling problem.⁴⁰

15.4.2 Parliaments and government buildings

The Commonwealth Department of Health adopted a smokefree workplace policy with effect from 1 December 1986. A smokefree policy in enclosed areas was adopted in November 1986, providing for all Commonwealth government departments to become smokefree by March 1988.⁴¹

Australia’s Parliament House was declared smokefree by the then Presiding Officers, Senator the Hon. Kerry Sibraa and the Hon. Leo McLeay MP in May 1991.

Enclosed areas of the New South Wales parliamentary precincts became smokefree in January 1994; this was the last public service department and the last parliament in Australia to ban smoking in enclosed areas.

By the mid-1990s, all state and Commonwealth government offices were smokefree.

15.4.3 Hospitals and health facilities

While smoking within enclosed areas of hospitals and health facilities is no longer permissible in any Australian jurisdiction, the debate continues about smoking on the grounds and in outdoor areas of hospitals and health facilities.

The World Health Organization has recommended that all health care premises and their immediate surrounds be smokefree, and that healthcare staff be provided with assistance to quit smoking where appropriate.⁴²

Some Australian states and territories (such as the Australian Capital Territory, South Australia and Western Australia) have adopted Departmental policies, which ban smoking completely within the grounds of public health facilities. In other states and territories, smoking is permitted in designated outdoor areas.

A totally smokefree policy for Western Australia Department of Health premises and grounds came into effect in 2008, and a similar policy for South Australian Health facilities commenced in May 2010. The Australian Capital Territory introduced its smokefree policy at all ACT health facilities on 1 May 2009, with all designated outdoor smoking areas removed from 1 September 2014. The smokefree policies in each of these jurisdictions apply to staff, patients and visitors, and apply throughout the hospital or health service grounds including car parks. Persons wishing to smoke must leave the grounds to do so.

In 2009, the Northern Territory introduced a smokefree policy banning smoking on Department of Health and Families premises, with hospitals permitted to identify up to two designated outdoor smoking areas for patients only.

The 1999 New South Wales Health Smoke Free Workplace Policy provided for all of its facilities to work towards becoming totally smokefree over a number of years. Under the final phase of policy implementation, smoking would be banned throughout health facility buildings, vehicles and property. In January 2005, New South Wales Health issued a mandatory policy directive that health facilities should continue to work towards becoming totally smokefree in accordance with the 1999 policy, after meeting criteria relating to public awareness, staff consultation and provision of smoking cessation support for staff. In January 2015, a new mandatory directive was released requiring all New South Wales Health buildings, grounds and vehicles to be smokefree with the exception of ‘designated outdoor smoking areas’ as determined by Local Health Districts and ‘speciality network governed statutory health corporations’ that choose to provide such areas using a smokefree by-law.⁴³ This policy directive was reviewed in March 2025, and is due to be reviewed again in March 2030.

In 2006, smoking was banned in all Queensland state hospital grounds, other than in outdoor nominated smoking places. As of 1 January 2015, this ban was extended to prohibit smoking anywhere at or within 5 metres beyond the boundary of all Queensland public and private health facilities (see s 127).¹⁶

In Victoria, state legislation was introduced on 13 April 2015 which prohibits smoking at or within 4 metres of an entrance to a hospital, public health service or registered community health centre (see s 5RH).²³

In Tasmania, state legislation prohibits smoking in any public premises designated by the occupier as a smokefree area.²⁰ In 2013, all premises occupied by the Tasmanian Department of Health and Human Services (including public hospitals) were declared smokefree by an internal directive.

Recently, the Central Coast Local Health District in NSW undertook an innovative trial using public address announcements at select hospitals to remind patients, staff and visitors that hospitals are smokefree, and direct people to cessation support options.⁴⁴ The messages featured the voices of patients, staff, volunteers and children, with early results indicating smoking had decreased at trial sites. Similar approaches have also been successful in Victoria, where announcements using the voices of children were broadcast outside the entrances at Frankston Hospital and Peninsula University Hospital. Both hospitals showed a notable reduction in smoking during periods when the announcements were played.^45,46

15.4.4 Institutions

Generally, Australian legislation banning smoking in enclosed workplaces provides exemptions for workplaces that are also homes or dwelling places, such as prisons, mental health institutions and nursing homes.

15.4.4.1 Mental health facilities

Smoking prevalence is high among people with a mental illness. While daily smoking prevalence in the general population has fallen to under 6%,⁴⁷ those who do smoke daily are twice as likely to report suffering high or very high levels of psychological distress, and to have been diagnosed or treated for a mental health condition, as those who have never smoked. Prevalence of smoking is higher still among those who live with serious mental illness (see Chapter 9, Section 9.6.4). Many policies and practices within mental health treatment services in the past have acted to reinforce smoking behaviour and discourage cessation attempts.⁴⁸ While staff have been concerned about the feasibility of introducing smokefree policies, two major reviews of the effects of smokefree policies in psychiatric institutions found that patients generally adapted more quickly than staff, staff concerns about difficult or aggressive reactions from patients were generally unfounded, and total bans were more successful than partial bans (p69).^49,50 In addition to improving the overall health of patients, medical professionals have observed that smoking bans in mental health facilities may reduce the risk of self-burn injuries.⁵¹

Consistent with smokefree policies adopted within other sectors of health care services, mental health care services should be reinforcing smokefree messages, supporting people who smoke to quit and managing nicotine dependence during hospital admissions. Research indicates that support from mental health nursing staff, adequate patient consultation, clear leadership and management support, clear auditing and reporting of patients’ smoking status and adequate provision of nicotine-dependence treatment are important in ensuring successful implementation of smokefree policies in inpatient psychiatric facilities.^52,53

In more recent years, a number of Australian jurisdictions have acted to ensure that policies and practices in mental health facilities are not reinforcing smoking behaviour, as has occurred in previous decades. These policies require smokefree mental health services and include a focus on staff training, supporting people who smoke to quit and the appropriate management of nicotine dependence and withdrawal symptoms during hospital admissions and outpatient programs.

In 2009, the New South Wales Department of Health developed guidelines to facilitate the adoption of its Smoke Free Workplace Policy in mental health facilities.⁵⁴ This followed a trial, which concluded that a smokefree policy was entirely feasible for mental health units. The biggest barriers encountered were ‘staff resistance, habit and the leaden hand of administrative procedure’ (p1).⁵⁵ As noted further above, in January 2015 New South Wales Health released a mandatory directive requiring all New South Wales Health buildings, grounds and vehicles to be smokefree with the exception of ‘designated outdoor smoking areas’.⁴³ This mandatory directive covers government-operated mental health facilities. Smoking also appears to be prohibited in common areas of non-government mental health facilities under state legislation in New South Wales, but is likely to be permitted in bedrooms or private living areas contained in these facilities.^xvii

Under the Smoke-free WA Health System Policy, West Australian Department of Health premises (including mental health facilities) became smokefree from 1 January 2008. The state’s Council of Official Visitors called for a review of the policy in its 2010 annual report, following reports of mental health patients poking electricity sockets with paper clips to obtain a spark to light a cigarette.⁵⁶ In January 2013, the policy was amended to include a partial exemption for involuntary adult mental health patients.⁵⁷ The exemption was removed on 1 July 2022. Prior to the removal of the exemption, the Western Australian Government developed guidelines to support mental health service providers with the transition. The guidelines note that pharmacological and behavioural strategies are successful in supporting smoking cessation in people with a mental illness and should be part of routine care.⁵⁸

The South Australian Department of Health introduced a totally smokefree policy for public mental health institutions from November 2010, six months after the smoking ban commenced in other public health facilities. The policy was most recently reviewed in September 2023 and is due for further review in 2026.⁵⁹ The Support Guide for the policy acknowledges that pharmacological and behavioural strategies for supporting smoking cessation should be a routine part of care for mental health patients.^60,61 Smoking appears to be prohibited in shared areas of non-government mental health services located in South Australia (but is unlikely to be prohibited in bedrooms or private living areas contain in these facilities).^xviii

In Victoria, Melbourne Health voluntarily adopted a totally smokefree policy for its mental health facilities in the city’s north and west in April 2009. Under state legislation, the general prohibition on smoking in enclosed workplaces contains an exemption for an area within an approved mental health service which is declared by the Secretary to be a smoking area (see s 5A(2)(h)).²³ However, all declarations previously made under this exemption were revoked on 2 June 2015 (effective from 1 July 2015).⁶² Smoking is therefore currently prohibited in all approved mental health services in Victoria.

15.4.4.2 Prisons

High smoking prevalence is reported among prisoners. Almost three-quarters (71%) of prison entrants are currently smoke, with 64% of entrants reporting they smoke daily.⁶³ The threat of SHS exposure in prisons where smoking is permitted in enclosed spaces is high.^64-66 Incarceration can also lead to non-smokers taking up smoking and those who already smoke increasing their cigarette consumption.⁶⁷ The New South Wales Department of Corrective Services reported in 2007 that ‘there have been a small number of workers’ compensation claims that have attempted to link environmental tobacco smoke (ETS) exposure to illness. One of these claims related to alleged sensitivity developed by an ex-smoker and cancer sufferer to ETS (p1).⁶⁸

In view of the adverse health effects arising from staff and prisoner exposure to secondhand smoke, and the potential for litigation and workers’ compensation claims, smoking bans are becoming increasingly more common in Australian prisons. All Australian jurisdictions except Western Australia have now adopted smoking bans in prisons (see further below). However, the adoption of smoking bans in Australian prisons has not occurred without controversy. Concerns have been raised about prisoners becoming more recalcitrant as a result of smoking bans. In Victoria, for example, rioting which took place at the Melbourne Remand Centre in July 2015 was believed by many to have been sparked by the adoption of state legislation banning smoking in enclosed areas of Victorian prisons (discussed further below).^69,70 However, research undertaken in the US has found little or no evidence of an increase in violence following the implementation of smokefree policies in prisons, and there are many examples of successful implementation of smoking bans without rioting or unrest.^71,72

Some researchers have also suggested that the adoption of smoking bans in prisons is likely to fuel black market trade in tobacco.⁷³

Despite these concerns, studies indicate there are positive health outcomes associated with the implementation of smoking bans in prisons. For example, researchers in the US have observed that the implementation of smoking bans in prisons is associated with a sudden and substantial decline in prisoner mortality, with a greater effect on mortality observed for prisoners suffering from mental illness.^74,75 However, recent evidence from Scotland indicates that high rates of smoking relapse after release from prison continue to contribute to health inequalities by limiting long-term reductions in illness and premature death.⁷⁶ Researchers have observed that more focus is needed on providing support to help prevent relapse after release and maximise the public health benefits of smokefree prisons.

Indoor air quality in prisons appears to improve following implementation of smoking bans.⁷¹

15.4.4.2.1 Smoking bans in Australian prisons

The Northern Territory was the first Australian jurisdiction to implement a total smoking ban in prisons. The ban was introduced on 1 July 2013.⁷⁷ Tasmania introduced a complete ban in February 2015, and Victoria followed in July 2015 (see s 5A(1) of the Tobacco Act 1987 (Vic) and r 40 of the Corrections Regulations 2019 (Vic)).^23,78-80 From 10 August 2015, prisons in New South Wales are required to be smokefree. Under regulations, the NSW Commissioner of Corrective Services has a power to create a designated smoking area within a corrections centre,⁸¹ however Corrective Services NSW appears to have adopted a smokefree policy across all centres. .

In 1997, a total smoking ban was introduced in Queensland’s Woodford prison. However the policy was abandoned after 120 inmates rioted following the policy’s implementation. Since 5 May 2014, smoking has been completely banned in Queensland prisons. Tobacco and other smoking-related products (such as cigarette lighters, matches, papers and filters) are also banned in all corrective services facilities.⁸²  

In South Australia, smoking has been prohibited within the perimeter of all premises owned, leased or occupied by the Department of Correctional Services since November 2019.⁸³  

In Victoria, the Tobacco Act 1987 prohibits smoking in enclosed areas of all prisons. Up until 1 July 2015, prison cells and exercise yards were exempt from the general ban on smoking in an ‘enclosed workplace’. This exemption has now been removed.⁸⁴ In addition, in November 2022 the Commissioner of Corrections Victoria issued a requirement prohibiting smoking on the grounds of all prisons across the state (including carparks).⁸⁵

The West Australian Department of Corrective Services introduced a trial smoking ban in enclosed areas of Greenough regional prison in 2008. Prisoners were provided with nicotine patches, lozenges and support programs to help them quit or reduce smoking. The department subsequently issued a policy banning smoking in enclosed areas of prisons across Western Australia, with effect from 30 June 2009. Under the policy, prisoners were only permitted to smoke in designated outdoor areas and were not permitted smoke inside cells or units.⁸⁶ More than a decade later, in October 2021, the Office of the Inspector of Custodial Services released a major report urging the State Government to commit to a timeline for implementing a smokefree policy across all Western Australian prisons.⁸⁷ In October 2022, the Western Australian Department of Justice announced that Badyup Women’s Prison (West Swan, Perth) would become the first completely smokefree prison in the State.⁸⁸ The remaining metropolitan women’s prisons (Melaleuca, Boronia and Wandoo) became smokefree by March 2024.⁸⁹

In October 2025, the Department of Justice announced plans for a phased introduction of tobacco prohibitions across all other prisons, with the aim of making all prisons smokefree by the end of 2026.⁹⁰ However, in March 2026 Corrective Services Commissioner Brad Royce announced that the plan would be deferred pending a review to be completed early 2027. The Commissioner cited “significant operational pressures” facing the WA prison system as the main reason for the delay.⁹¹ The decision drew criticism from the public health community.⁹¹

Policies previously in place in the two correctional facilities located in the Australian Capital Territory prohibited smoking inside prison buildings (including cells), but permitted smoking in designated outdoor areas. In August 2015, the ACT government announced a commitment to the implementation of a complete smoking ban in ACT prisons.⁹² The ban was not introduced until 7 August 2023, when ACT correctional centres were declared smokefree.⁹³.

15.4.4.2.2 Smoking bans in prisons overseas

In June 2010 the New Zealand Government announced that smoking would be prohibited in prisons across New Zealand in order to reduce health risks associated with SHS exposure and risk of injury caused by cigarette lighters. On 1 July 2011, New Zealand became the first country in the world to introduce a complete ban on smoking in prisons.

Canada’s Commissioner of Correctional Service issued a directive that federal prisons must be totally smokefree from April 2008, including outdoor areas.⁹⁴ Prisoners successfully challenged the legality of the policy in the Canadian Federal Court in October 2009. However the Federal Court’s decision was overturned and the smokefree policy was reinstated in 2010. The Federal Court of Appeal ruled that the Commissioner of the Correctional Service had authority to issue the smokefree directive in accordance with laws governing penitentiaries.⁹⁵ An increasing number of Canadian provinces are also implementing smoking bans in correctional facilities.⁹⁶

In England and Wales, it is possible for part of a prison to be exempt from regulations banning smoking in the workplace. However, to gain an exemption, an area or room within a prison must be designated as a smoking area by the person in charge of the premises, must be used as accommodation for persons aged 18 years and over, must be completely enclosed except for doors and windows and must not have a ventilation system which vents to other parts of the premises.⁹⁷

The Isle of Man became the UK’s first completely smokefree prison in 2008. In 2015, the UK Government indicated that it intended to implement a full smokefree policy in all prisons in Wales and at four early adopter sites in England.⁹⁸ All Welsh prisons became smokefree in January 2016.  In England, full smokefree policies were implemented from March 2016 at HMPs Exeter, Channings Wood, Dartmoor and Erlestoke. A complete ban on smoking in all Scottish prisons was adopted in November 2018.

By 2018, the UK’s HM Prison and Probation Service had introduced complete smokefree policies for 103 closed prisons and a partial policy permitting tobacco smoking within designated shelters in 15 ‘open prisons’ (i.e. prisons with minimal perimeter security). Qualitative research found that the introduction of complete smokefree policies within the closed prisons was largely successful, with safe implementation and reductions in smoking and exposure to secondhand smoke.⁹⁹ The majority of those working in open prisons were supportive of moving from a partial to a complete smokefree policy.

Further research found that the level of secondhand smoke in Scottish prisons had declined substantially in prison residential halls six months after implementation of the smoking ban. By 2019, concentrations of fine particulate matter within Scottish prisons were similar to those found in smokefree home environments.¹⁰⁰ The ban was associated with a reduction in dispensing rates for medication used to treat smoking-related illness, suggesting a link to improvements in respiratory health.¹⁰¹ Research assessing the economic impacts of the smokefree policy also found it to be cost-effective over both the short-term and long-term for people in custody and prison staff.¹⁰²

Since January 2015, the Federal Bureau of Prisons in the US has prohibited tobacco smoking in any form on the grounds of Bureau institutions and offices (except as part of authorised inmate religious activity). However, staff and visitors are permitted to smoke in designated outdoor areas.⁹⁶ According to the American Non-smokers’ Rights Group, as of 1 January 2021 a total of 21 US states and one territory (Puerto Rico) also require correctional facilities to be completely smokefree (both indoors and outdoors).⁹⁶ Many other states require correctional facilities to be smokefree indoors.⁹⁶

15.4.4.3 Immigration detention centres

The operational procedures of the previous provider for onshore detention services in Australia (Serco) outlined the measures  in place regarding smoking in Australian immigration detention centres. All staff, visitors and detainees were advised that Commonwealth law specifically prohibits smoking in an ‘enclosed area of Commonwealth property’ and states that smoking is forbidden in enclosed areas within immigration detention centres. According to the operational procedures, smoking was permitted in outside courtyards and exercise areas, covered areas such as walkways, and other external areas as specified by signage.

In November 2024, the Commonwealth Government awarded a five year contract for management of onshore detention services to Secure Journeys (a subsidiary of MTC Pty Ltd). Current smokefree policies in place are less clear under the new provider. However, a 2024 post-visit report from the Commonwealth Ombudsman indicated the Melbourne Immigration Detention Centre’s high care accommodation unit included a substantially enclosed ‘smoking room’ for detainees, without fresh air access.¹⁰³

15.4.4.4 Nursing homes

In most Australian states and territories, personal living areas in residential care facilities are exempt from general legislative bans on smoking in enclosed workplaces. For example, under the Smoke-free Environment Act 2000 (NSW), smoking is prohibited in common areas of nursing homes (such as living rooms, hallways and foyers) as these are considered to be ‘enclosed public places’. However smoking may be permitted inside personal living areas that are not accessible by the public (as these are unlikely to be considered ‘public’ places).^xix,17 Similarly, under the Tobacco Act 1987 (Vic), the ban on smoking in an enclosed workplace does not apply to a personal sleeping or living area in a residential care facility (see s 5A(2)(g)(ii)).^xx On the other hand, in Queensland smoking is prohibited at or within 5 metres of the boundary of a residential aged care facility (including in common areas and private living spaces), but is permitted in designated outdoor smoking areas (see s 131).¹⁶

Many nursing homes have implemented their own restrictions on smoking in recognition of the health risks of SHS and risk of fire (such as requiring residents to be supervised or to wear a smoke retardant apron while smoking). Cigarette-related fires are thought to have caused a number of accidental deaths in nursing homes.^104-107 After a death in South Australia, the Commonwealth Department of Health and Ageing distributed a recommendation of the South Australian Deputy State Coroner to all aged care providers. The recommendation noted that the practice of allowing residents disabled by dementia and/or with reduced manual dexterity to smoke unsupervised was intrinsically unsafe, and that such residents may require close supervision by either family members or staff.¹⁰⁸

1. Mullins R. Workplace smoking bans in some of Victoria's main companies: 1993 update, in Quit Evaluation Studies no. 7, 1992–1993.  Mullins R, Editor Melbourne, Australia: Victorian Smoking and Health Program; 1995. p 215-22 Available from: http://www.quit.org.au/downloads/QE/QE7/QE7Home.html.

2. Mullins R. Workplace smoking bans in some of Victoria's main companies: 1995 update, in Quit Evaluation Studies no. 8, 1994-1995.  Mullins R, Editor Melbourne, Australia: Victorian Smoking and Health Program; 1996. p 165-70 Available from: http://www.quit.org.au/downloads/QE/QE8/Home.html.

3. National Occupational Health and Safety Commission. Guidance note on the elimination of environmental tobacco smoke in the workplace [NOHSC: 3019 (2003)]. Canberra, Australia: NOHSC, 2003. Available from: http://www.ascc.gov.au/NR/rdonlyres/7479E22B-EC1D-41D2-B939-657775661681/0/GNNOHSC30192003.pdf.

4. Fong GT, Hyland A, Borland R, Hammond D, Hastings G, et al. Reductions in tobacco smoke pollution and increases in support for smoke-free public places following the implementation of comprehensive smoke-free workplace legislation in the Republic of Ireland: findings from the ITC Ireland/UK Survey. Tobacco Control, 2006; 15(suppl. 3):iii51–8. Available from: http://tc.bmjjournals.com/cgi/content/abstract/15/suppl_3/iii51

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