Failure #2 - Legislation

Exposure to second-hand tobacco smoke causes disease, disability, and death. Unfortunately, so far Australia hasn't protected the average Aussie in their home from passive smoke, though states are adopting laws that make it illegal to smoke inside a car with children.

So on the one hand, it may be illegal in most of Australia to smoke in shops, malls, and near public doorways, etc. but there is actually very little legislation that protects Australians in residential homes where they spend most of their time. To illustrate how weak Australian legislation actually is, please review the following examples:

• if you were drinking or bathing in water from a public supply that had toxic materials in it, you would suffer from the effects of those poisons even though you received them without your knowledge. If the perpetrator was found dumping the toxic materials they would be charged and would probably be thrown in jail. But if your neighbour's cigarette smoke was poisoning you with carcinogens and carbon monoxide while you slept, no consequences could fall on the perpetrator despite people learning they have been a victim of the crime. As yet, there is no law that can stop the same crime from happening again the very next night.
• if a farmer was recklessly releasing poisons into a neighbour's field and killed his crop or animals, the perpetrator of the offence would be liable for civil action or criminal charges. This kind of activity falls under one or more state or federal Acts (usually an EPA). However, if a neighbour leaves a tray of unstubbed cigarettes burning and that smoke collects in an adult, child or baby's living area or bedroom, then nobody gets punished, even though the reckless behaviour has harmed another person.
• if a person takes a common object such as a drinking glass or bottle and uses it violently against another person, that is called glassing and is a criminal offence. Cigarette smoke when out of control is also effectively a dangerous weapon that is used to hurt others, the difference is there is no criminal or civil consequence to stop people from using cigarette smoke as a weapon. So smokers remain free to harm non-smokers. Australian laws simply do not stop trauma and misery being caused by nuisance smokers who use their incessant and reckless smoke as a weapon to hurt, intimidate and harm.

If the harm and effect of cigarette smoke was delivered to its victim by any other means it would be an offence under any number of laws, but because it is cigarette smoke our pathetic laws turn a blind eye. We can fix this problem though by raising awareness about these issues, and by bringing nuisance smokers to account through the 10 step guide on our site. It is plainly obvious that Australia's current laws are useless and ineffective and we need change.