Professional Documents
Culture Documents
An information
kit for tenants
and owners in
strata schemes
1 Fact sheet 1
Benefits of smoke-free apartments 4 Fact sheet 4
Owners corporation obligations
2 Fact sheet 2
How tenants can take action 5 Fact sheet 5
Smoke-free by-laws: know your options
3 Fact sheet 3
How owners can take action 6 Fact sheet 6
Useful advocacy skills for taking action
Further information
NSW Department of Fair Trading NSW Civil & Administrative Tribunal
(strata schemes)
Cancer Council NSW
NSW Government legislation website
Cancer Council Australia
Strata Schemes Management Act 2015
A national position statement on addressing smokeinfiltration in
Strata Schemes Management Regulations 2016 multi-unit housing is available ontheCancer Council Australia
CAN10354 11/16
Benefits of
smoke-free
apartments
REFERENCES
1
S Department of Health and Human Services. The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. 2006
U
[Accessed 12 September 2016]; Available from: http://www.surgeongeneral.gov/library/reports/secondhandsmoke/executivesummary.pdf.
2
orld Health Organisation International Agency for Research on Cancer. Handbooks of Cancer Prevention: Tobacco Control: Evaluating the effectiveness of smoke-free
W
policies. 2009 [Accessed 12 September 2016]; Available from: http://www.iarc.fr/en/publications/pdfs-online/prev/handbook13/handbook13-0.pdf.
3
orld Health Organization. Protection from exposure to second-hand tobacco smoke: Policy recommendations. 2007 [Accessed 12 September 2016];
W
Available from: http://www.who.int/tobacco/resources/publications/wntd/2007/who_protection_exposure_final_25June2007.pdf.
4
S Department of Health and Human Services. The health consequences of smoking - 50 years of progress: A report of the Surgeon General. 2014
U
[Accessed 12 September 2016]; Available from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.
5
Pandeya, N., et al., Cancers in Australia in 2010 attributable to tobacco smoke. Aust N Z J Public Health, 2015. 39(5): p. 464-70.
6
ing, B.A., et al., Prevalence and predictors of smoke-free policy implementation and support among owners and managers of multiunit housing.
K
Nicotine Tob Res, 2010. 12(2): p. 159-63.
7
SW Government Department of Health. Smoke-free Environment Act. 2000 [Accessed 12 September 2016];
N
Available from: http://www.health.nsw.gov.au/tobacco/Pages/smokefree-legislation.aspx.
8
SW Ministry of Health Centre for Epidemiology and Evidence. NSW Population Health Survey, (SAPHaRI). 2015 [Accessed 12 September 2016];
N
Available from: http://www.health.nsw.gov.au/surveys/adult/Pages/default.aspx.
9
King, B.A., et al., Secondhand smoke transfer in multiunit housing. Nicotine Tob Res, 2010. 12(11): p. 1133-41.
10
ancer Council NSW. Achieving smoke-free apartment living: a summary of two research projects led by Cancer Council NSW. 2016
C
[Accessed 13 October 2016]; Available from: http://www.cancercouncil.com.au/133538/cancer-prevention/smoking-reduce-risks/
achieving-smoke-free-apartment-living-a-summary-of-two-research-projects/.
11
Ong, M.K., et al., Estimates of smoking-related property costs in California multi-unit housing. American Journal of Public Health, 2012. 102(3): p. 3.
12
att, G.E., et al., Thirdhand tobacco smoke: emerging evidence and arguments for a multidisciplinary research agenda. Environ Health Perspect,
M
CAN10354 11/16 (1)
How
tenants can
take action
REFERENCES
1
New South Wales Government. Strata Schemes Management Regulation. 2016 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/.
2
ew South Wales Government. Strata Schemes Management Act. 2015 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/
N
act/2015/50/full.
CAN10354 11/16 (2)
3
New South Wales Government. Residential Tenancies Act. 2010 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/act/2010/42.
4
ustralasian Legal Information Institute. Owners corporation versus May & Ors. 2006 [Accessed 12 September 2016]; Available from: http://www.austlii.edu.au/cgi-bin/
A
sinodisp/au/cases/nsw/NSWCTTT/2006/739.html?stem=0&synonyms=0&query=durie%20and%20smok*.
5
ustralasian Legal Information Institute. Bhandari v Laming NSWCATAP 224. 2015 [Accessed 12 September 2016]; Available from: http://www.austlii.edu.au/cgi-bin/
A
sinodisp/au/cases/nsw/NSWCATAP/2015/224.html?stem=0&synonyms=0&query=laming%20bhandari.
Fact sheet 3
How
owners can
take action
REFERENCES
CAN10354 11/16 (3)
1
New South Wales Government. Strata Schemes Management Regulation. 2016 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/.
2
ew South Wales Government. Strata Schemes Management Act. 2015 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/
N
act/2015/50/full.
3
New South Wales Government. Residential Tenancies Act. 2010 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/act/2010/42.
Fact sheet 4
Owners
corporation
obligations
Owners corporations can enforce by-laws The Civil and Administrative Tribunal
Once a by-law is in place and communicated to all Tenants, owners and owners corporations have the
residents in the building if there is an infringement i.e. right to apply for a hearing by the Civil and Administrative
a resident continues to smoke in areas that are smoke- Tribunal and have the power to take a resident who
free a penalty notice can be issued by the owners smokes to the Tribunal seeking that the resident cease
corporation. The Strata Schemes Management Act all behaviour (including smoking) that is causing a
20151 states that an owners corporation for a strata nuisance. It was the Tribunal that ordered residents in
scheme may give notice to the owner or resident to an apartment complex to take action to prevent smoke
comply with a specified by-law. On application by the odour from their cigarettes entering other apartments
owners corporation to the Tribunal (see above) the owner and common property after a strata committee brought
or resident may be ordered to pay a monetary penalty a case on behalf of tenants who had been exposed to
iftheyhave contravened a by-law. secondhandsmoke.2
CAN10354 11/16 (4)
REFERENCES
1
ew South Wales Government. Strata Schemes Management Act. 2015 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/
N
act/2015/50/full.
2
ustralasian Legal Information Institute. Owners corporation versus May & Ors. 2006 [Accessed 12 September 2016]; Available from: http://www.austlii.edu.au/cgi-bin/
A
sinodisp/au/cases/nsw/NSWCTTT/2006/739.html?stem=0&synonyms=0&query=durie%20and%20smok*
Fact sheet 5
Smoke-free
by-laws: know
your options
REFERENCES
1
ing, B.A., et al., Prevalence and predictors of smoke-free policy implementation and support among owners and managers of multiunit housing. Nicotine Tob Res,
K
2010. 12(2): p. 159-63.
2
Russo, E.T., et al., Comparison of indoor air quality in smoke-permitted and smoke-free multi-unit housing: findings from the Boston Housing Authority. Nicotine Tob
Res, 2015. 17(3): p. 316-22.
3
Wilson, K.M., et al., Tobacco smoke incursions in multi-unit housing. Am J Public Health, 2014. 104(8): p. 1445-53.
4
ancer Council NSW. Achieving smoke-free apartment living: a summary of two research projects. 2016 [Accessed 13/10/2016]; Available from:
C
http://www.cancercouncil.com.au/133538/cancer-prevention/smoking-reduce-risks/achieving-smoke-free-apartment-living-a-summary-of-two-research-projects/.
CAN10354 11/16 (5)
5
SW Ministry of Health Centre for Epidemiology and Evidence. NSW Population Health Survey, (SAPHaRI). 2015 [Accessed 12 September 2016]; Available from: http://
N
www.health.nsw.gov.au/surveys/adult/Pages/default.aspx.
6
ustralian Institute of Health and Welfare. National Drug Strategy Household survey. 2013 [Accessed 12 September 2016]; Available from: http://www.aihw.gov.au/
A
alcohol-and-other-drugs/ndshs-2013/.
7
New South Wales Government. Strata Schemes Management Regulation. 2016 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/.
Fact sheet 6
Useful advocacy
skills for
takingaction
REFERENCES
1
ew South Wales Government. Strata Schemes Management Act. 2015 [Accessed 12 September 2016]; Available from: http://www.legislation.nsw.gov.au/#/view/
N
act/2015/50/full.