BENDIGO Health has conceded it is essentially powerless to prevent tobacco users flouting no smoking laws on its grounds.
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Garden beds littered with dozens of cigarette butts show where smokers congregate around the hospital to feed their addiction.
While the health organisation has security staff monitor any breaches in smoking laws, under the Tobacco Act they are not expected to enforce the ban and not empowered to do so.
The power to enforce fines under the smoking bans has come under increased scrutiny, with tighter laws coming into effect in Victoria today.
The issue of enforcing no smoking rules has been raised by a Bendigo man frustrated at the blatant behaviour of smokers around the hospital precinct.
Eric Lakey, who visits the hospital for work each week, said he often sees people smoking by entrances to the hospital.
“Staff at the hospital have told me repeatedly that visitors – and some patients – continually disregard the rules about smoking and even abuse security staff when confronted,” he said.
Smoking laws prohibit smoking within four metres of an entrance to any public hospital or registered community health centre in Victoria.
Multiple organisations contacted by the Bendigo Advertiser have been unable to explain who has the power to fine people found smoking where they should not be.
A Victoria Police media spokeswoman said it was a question for local hospitals and councils.
Bendigo man Eric Lakey is sick of people puffing with impunity in front of the Bendigo hospital.
“(I have seen) two women and a man standing near the main entrance (in Barnard Street) puffing away furiously,” Mr Lakey said.
“There are (no smoking) signs everywhere. One of these signs is a large ‘sandwich board’, which was laying flat on the ground and one of these individuals was actually standing on top of it whilst puffing away.”
Mr Lakey said he informed security of the smokers but by the time security got there, they had left.
“Staff at the hospital have told me repeatedly that visitors (and some patients) continually disregard the rules about smoking and even abuse security staff when confronted,” he said.
A spokesperson for the Department of Health and Human Services said it was down to local councils to inspect and enforce smoking bands where necessary.
“(Local) council inspectors, authorised under the Tobacco Act, may provide information about the ban and enforce it,” the spokesperson said.
“Individuals caught smoking near a public hospital entrance may face a fine of $159, with a maximum court ordered penalty of $793.”
City of Greater Bendigo safe and healthy environments manager Caroline Grylls said council patrols specific areas where smoking is banned but that it was rare for council to issue an infringement related to the Tobacco Act.
“If council receives a complaint that a business is not complying with the legislation then we will investigate the matter,” she said.
“Usually education is all that is required to ensure the business complies in the future.”
A Bendigo Health spokesperson said the hospital precinct is bound by Barnard, Lucan, Bayne, Stewart, Drought and Hope streets.
“On the Bendigo Health campus it is the obligation of security staff to monitor smoking,” the spokesperson said.
“Bendigo Health endorses the (DHHS) policy that smoking is banned within four metres of an entrance to public hospitals in Victoria.
“Smoking is (also) prohibited within all Bendigo Health grounds and there is signage to this effect throughout the precinct.”
The DHHS health website states compliance with the smoking ban is expected to occur through a public awareness campaign and changed community expectations.
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