Smoking ban where children play
Frequently asked questions
For councils and organisations supporting the smoking ban where children play
Councils and organisations wishing to support the smoking bans where children play, in effect in Victoria from 1
April 2014, can help by using their influence to raise awareness of the bans.
This information is provided for councils and organisations wishing to support the bans to refer to and use when
providing information or responding to enquiries in relation to the smoking bans.
This information is not intended for distribution to the general public, but rather as a guide for interaction. A list
of resources for the general public is provided under “How can I find out more?” on page 7.
Questions and responses covered in the document
Where will smoking be banned?
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Where does the ban apply at children’s playground equipment? (includes diagram)
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Where does the ban apply at skate parks? (includes diagram)
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Where does the ban apply at sporting venues during an organised underage sporting event? (includes
diagram)
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Where does the ban apply at swimming pools?
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Where do the bans not apply?
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What is considered a 'sporting venue'?
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What is considered an 'organised underage sporting event'?
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How will I know when the ban applies at sporting venues?
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What if a sporting club or venue already has a smoke-free policy?
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What if there are local laws already in place?
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How will compliance with the bans be achieved?
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How will people know about the bans?
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What penalties might apply?
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How can I find out more? (included translated resources)
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Department of Health
Where will smoking be banned?
Smoking will be banned from 1 April 2014:
• at or within 10 metres of children’s playground equipment that is an outdoor public place
• at or within 10 metres of a skate park that is an outdoor public place
• at or within 10 metres of a sporting venue that is an outdoor public place during an organised underage
sporting event, including training or practice sessions and during breaks or intervals in play
• in an outdoor area of a swimming pool complex that is a public place.
Where does the ban apply at children’s playground equipment?
The ban applies at or within 10 metres of children’s playground equipment that is an outdoor public place.
Children’s playground equipment may include an individual piece of equipment as well as clusters of playground
equipment, such as climbing frames, swings and slides.
The ban applies to outdoor dining and drinking areas within 10 metres of outdoor children’s playground
equipment.
This diagram shows an example of where the ban applies at children’s playground equipment.
This diagram is available online at http://www.health.vic.gov.au/tobaccoreforms/
Where does the ban apply at skate parks?
The ban applies at or within 10 metres of a skate park that is an outdoor public place.
Skate parks are defined as being an area specifically designed and equipped with structures for rollerblading,
rollerskating and skateboarding or the use of BMX or non-motorised scooters.
The ban applies to outdoor dining and drinking areas that are situated within 10 metres of an outdoor skate
park.
The below diagram shows an example of where the smoking ban applies at skate parks.
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This diagram is available online at http://www.health.vic.gov.au/tobaccoreforms/
Where does the ban apply at sporting venues during an organised underage sporting
event?
The ban applies at or within 10 metres of sporting venue that is an outdoor public place during an organised
underage sporting event. This includes training or practice sessions to prepare for an organised underage
sporting event, and breaks or intervals during the course of the event, training or practice session.
The ban applies to outdoor dining and drinking areas within 10 metres of an outdoor public sporting venue
during an organised underage sporting event or training session.
The below diagram shows an example of where the smoking ban applies at sporting venues during an
organised underage sporting event.
This diagram is available online at http://www.health.vic.gov.au/tobaccoreforms/
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Where does the ban apply at swimming pools?
The ban applies to all outdoor areas within the perimeter of a public swimming pool complex, including outdoor
dining and drinking areas.
This diagram shows an example of where the smoking ban applies at swimming pool complexes.
This diagram is available online at http://www.health.vic.gov.au/tobaccoreforms/
Where do the bans not apply?
The bans do not apply to a person:
• at a residential premises (at privately owned homes and land)
• in a motor vehicle that is being driven past the no smoking area
• in an area that is separated from the no smoking area by a road.
What is considered a 'sporting venue'?
Under this law, a ‘sporting venue’ includes:
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a playing field
a track
an arena
a court or rink
any permanently or temporarily erected public seating at the venue
any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of
competitors or officials
• any part of the venue used to conduct the actual organised underage sporting event.
For example, if there are courts or ovals next to one another, the sporting venue is considered to be the court/s
or oval/s where the actual underage sporting event is taking place.
In the diagram below, an underage sporting event is taking place on netball courts A and B, but not on the
football oval. In this situation, the smoking ban would apply at or within 10 metres of the netball courts and the
accompanying spectator seating area.
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This diagram is available online at http://www.health.vic.gov.au/tobaccoreforms/smoke-free-children-areas.htm
What is considered an 'organised underage sporting event'?
Under this law, an 'organised underage sporting event':
• is planned in advance
• is organised or intended for, or predominantly participated in by, persons under the age of 18 years
• is conducted according to established rules by a professional or amateur sporting body or by an educational
institution
• may be a one
Examples
An organised underage sporting event
Not an organised underage sporting event
A Little Athletics meet
An open netball game where some of the players are minors
An interschool/school sporting event participated in by
people in their final years of secondary school, some of
whom may be over the age of 18
An open age football match in which most of the players are
over the age of 18
An underage football match run by regional football league
An informal or impromptu sporting activity involving minors
at an outdoor public sporting venue
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How will I know when the ban applies at sporting venues?
The smoking ban applies when an organised underage sporting event is taking place. To help you determine
whether an organised underage sporting event is taking place, consider whether:
• people under 18 years old are playing in a match, game, tournament or other event conducted by an
amateur or professional sporting body or educational institution
• participants are wearing sporting uniforms
• there is supervision that may consist of coaching, officiating or umpiring of underage people
• a whistle, siren or other alert is used to indicate the match, game or event has started or finished.
In most cases, spectators and parents will know an organised underage sporting event is occurring based on
the way the event has been described. Underage sporting events are likely to be described as age-limited, for
example 'under 16s' or 'junior'.
There may also be ‘No smoking’ signs displayed at the venue to inform you of the ban.
Note that the ban also includes training or practice sessions to prepare for an underage sporting event, and
breaks and intervals in play.
What if a sporting club or venue already has a smoke-free policy?
The statewide ban is a minimum standard. If a sporting club has its own smoking ban in place you should
comply with any requirements of that in addition to the legislative ban.
What if is there is a local law in place?
Some councils may have local laws in place that ban smoking in certain outdoor areas.
Where councils have a local law in place that bans smoking at an area that is covered by the statewide ban, the
local law will become inoperative to the extent it is inconsistent with the statewide ban.
This means if councils have local laws prohibiting smoking in areas that are not covered by the statewide bans,
or if a local law goes further than the statewide ban, they still will be applicable in areas and times not covered
by the statewide bans. Local council inspectors can still educate the public and take enforcement action under
these local laws where the statewide bans don’t apply.
For example, if a local law bans smoking within five metres of children's playground equipment, the local law will
become inoperative as it is inconsistent in its full extent with the statewide ban.
If there is a local law banning smoking within 10 metres of a sports ground, the local law will become inoperative
to the extent it is inconsistent with the statewide ban. That is, the local law will not be in operation only during an
underage sporting event taking place at the sports ground. At all other times the local law will apply.
If there is a local law banning smoking within 10 metres of children’s playground equipment that is applied in the
same manner as the state-wide ban, an inspector will be able to apply either the local law or the state-wide ban,
but not both.
How will compliance with the bans be achieved?
There is strong community support for banning smoking at public places regularly attended by children. This
means most people will voluntarily comply with the smoking bans and expect others to do so.
Inspectors authorised under the Tobacco Act 1987 may also provide information about and, when necessary,
enforce the bans and issue a fine. The first goal of the inspectors is to make sure smokers understand the bans.
Inspectors may not be available to respond to every complaint, but where circumstances allow, may attend in
response.
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How will people know about the bans?
An education campaign, including announcements in the media, and newspaper and radio advertising will
inform the public of the new laws. Signs may also be displayed in the smoke-free areas.
What penalties might apply?
The maximum penalty for someone breaking one of these laws is five penalty units, with an infringement
penalty of one penalty unit.
As of 1 July 2013, a penalty unit is valued at $144.36.
How can I find out more?
The following information is available at http://www.health.vic.gov.au/tobaccoreforms/smoke-free-childrenareas.htm
Printed materials for the general public (these can be ordered and distributed by councils):
• Children at play. Please don’t smoke here. - Brochure
• Children at play. Please don’t smoke here. - Poster
• Children at play. Please don’t smoke here. - Palm card (credit-card sized resource)
Other languages (these can be downloaded and printed off as necessary):
• The Children at play. Please don’t smoke here. brochure is available in the following languages:
– Arabic
– Dari
– Karen
– Simplified Chinese
– Vietnamese
Fact sheets for the general public (these can be downloaded and printed off as necessary):
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Ban on smoking at children’s playground equipment - Fact sheet
Ban on smoking at outdoor skate parks - Fact sheet
Ban on smoking at public swimming pools - Fact sheet
Ban on smoking during organised underage sporting events - Fact sheet
Fact sheets for affected venue operators (these can be downloaded and printed off as necessary):
• Ban on smoking during organised underage sporting events - Fact sheet for operators
• Ban on smoking at public swimming pools - Fact sheet for operators
The Tobacco Act 1987 can be viewed at http://www.legislation.vic.gov.au/
Or speak to your council’s environmental health officers.
Authorised by the Victorian Government, Melbourne. March 2014
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