LANGUAGE
Last updated: June 25th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking in all indoor workplaces. However, one or more jurisdictions permits smoking in private gaming areas within a bar, club or hotel, high roller rooms at casinos, hotel guest rooms, and in designated areas in mental health facilities, all of which are a workplace for some people. For this reason, the regulatory status “Smoking is Restricted,” rather than “100% Smoke Free,” is given for all indoor workplaces.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking all indoor public places. However, one or more jurisdictions permits smoking in private gaming areas within a bar, club or hotel, in high roller rooms in casinos, and in hotel guest rooms. For this reason, the regulatory status “Smoking is Restricted,” rather than “100% Smoke free,” is given for indoor public places.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public transport. In addition, national law bans smoking on aircraft, interstate trains, and federally registered buses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Australian Public Service Commission adopted a smoke free work environment policy in 1988, which applies to all Commonwealth workplaces. Therefore, federal government facilities are smoke free. In addition, all States and Territories have adopted laws that prohibit smoking in state and territorial government buildings.

The laws align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking in all indoor workplaces, which is interpreted to include private offices in office buildings. For this reason, the regulatory status “100% Smoke Free” is given for all private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in stores and shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Australian Public Service Commission adopted a smoke free work environment policy in 1988, which applies to all Commonwealth workplaces. Therefore, cultural facilities operated or owned by the federal government are smoke free. In addition, all States and Territories ban smoking in cultural facilities within their jurisdiction.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in bars, pubs, and restaurants. However, the law of the State of New South Wales contains an exemption that permits smoking in private gaming rooms in clubs and bars. For this reason, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free.”

The sub-national law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not require 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the State of New South Wales should remove the exemption permitting smoking in private gaming areas in bars and clubs.

Casinos

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories restrict or prohibit smoking in casinos. However, several jurisdictions permit smoking in high roller rooms at a casino. For this reason, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free.”

Some sub-national laws do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because they do not require 100% indoor smoke free workplaces and public places and therefore do not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the jurisdictions that permit smoking in high roller rooms should remove the exemption.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public areas of hotels and other lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. One or more of the States and Territories permits smoking in designated guest rooms of hotels and other lodging.

Some sub-national laws do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because they do not require 100% indoor smoke free workplaces and public places and therefore do not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, sub-national jurisdictions should prohibit smoking in guest rooms of hotels and other lodging.

Prisons/detention facilities - public areas

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Some States prohibit smoking in prisons with the exception of prison cells and outside exercise yards. Because we do not have information on how all States and Territories regulate smoking in public areas of prisons, we have given the regulatory status “Uncertain.”

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under national regulations, smoking is prohibited in interstate trains and registered buses. Other ground transportation is regulated by the States and Territories. All States and Territories prohibit smoking on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all aircraft under national regulations.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial aircraft.

Law Source, Section

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

There is no national law addressing smoking in commercial watercraft. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories prohibit smoking in public transportation, which would include commercial watercraft if it exists in a State or Territory.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial watercraft.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under national regulations, an airport operator may designate smoking areas in airports. However, almost all States and Territories prohibit smoking in airports. Smoking is prohibited in all other public transport facilities under State and Territory law prohibiting smoking in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to airports.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking in all indoor workplaces, which is interpreted to include private offices in office buildings. For this reason, the regulatory status “100% Smoke Free” is given for all private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.