Section 26VO of the Tobacco and Other Smoking Products Act 1998 (Qld)
1. Which Queensland legislation relates to the prohibition of smoking in or near a hospital?
The Tobacco and Other Smoking Products Act 1998 (Qld) applies to the given scenario. This legislation provides for the provisions regarding tobacco products in Queensland, both public and private, which involve sensitive areas such as hospitals and offices. The legislation also states that an individual should not smoke in a healthcare vicinity as a 20 penalty unit will be charged in violation of this Act.
1. What section of legislation in question 1a prohibits smoking on health facility land?
Section 26VO of The Tobacco and Other Smoking Products Act 1998 (Qld) prohibits individuals from smoking 5 meters within a health facility land setting. This section states that a 20 penalty unit may be applied for the infringement of this legislation.
1. What section of the legislation defines “health facility land,” and what does the definition say?
Section 26VO of the Act defines “health facility land.” According to this section, care centre land is a land on which a private health facility is established or a land in which a service offers a health service.
1.How is “Service” defined under the legislation in question 1a, and by what section?
Section 15 of Hospital and Health Board Act 2011 define health service as a service that is used to maintain, improve, restore people’s health and wellbeing.
1. Do you have the power to direct people to stop smoking, and under what section of the legislation applies?
A protective service officer has the power to direct people to stop smoking. Additionally, in section 27 under Tobacco and other products Act 1998 (Qld), an authorised individual has the ability to direct people to cease smoking. Further, provisions of section 26VO, Tobacco and other products Act 1998 (Qld) requires that an individual should not smoke at or near the health facility and if they are found culpable of the offence, they should be charged a maximum penalty of 20 penalty units.
Question 2: Explain what sections of the Code of Conduct for the Queensland Public Service the employee breaches and why?
Section 4.3 of the Code of Conduct for the Queensland Public Service requires employees to utilise reserves, intellectual property, and amenities effectively. This section also instructs employees to use public resources as official policies; (Queensland Government 2021a). Therefore, the employee breaches this section by smoking within the health facility. Moreover, the employee breaches section 3.1, which requires employees to commit to their roles in public services and adhere to the state and local authorities’ legislations. Accordingly, such laws do not allow smoking within the health service land.
Furthermore, section 1.5 of the Code requires workers to show many standards of workplace behaviour and individual conduct. Therefore, the employee breaches this section of the Code of conduct by not ensuring other employees’ safety, health, and welfare.
Question 3: Senior Protective officer Marcus Deiley wants you to explain to him three strategies that you could use to ensure that your knowledge of laws, policies, and procedures is maintained. Describe how you would keep your knowledge up to date?
Provisions of the Code of Conduct for the Queensland Public Service breached by the employee
Documenting policies and procedures is significant in maintaining one’s knowledge of laws, policies, and procedures. This is because establishing the policies and procedures in writing and frequently adjusting them over time may help one not forget them easily. Also, continually applying laws, policies, and procedures may help individuals keep their knowledge about laws and procedures. Moreover, reviewing policies and procedures frequently and making them part of one’s culture by integrating them into recurring meetings and other standing events can help keep one’s knowledge about laws up to date. Furthermore, consistently adjusting outdated policies, laws, and procedures can help one maintain their understanding of laws and keep it up to date.
1. What relevant tobacco section prohibits him from smoking on hospital grounds?
Section 26VO (2) of the Tobacco and Other Smoking Products Act 1998 (Qld) is applicable in this case. The section exhibits that people should not smoke within a hospital setting and could only do that 5 meters away from the healthcare facility.
1. Under this legislation, what is the maximum penalty for smoking on hospital grounds, and what is the section number related?
Section 26VO (1) is applicable in this scenario. The section prohibits people from smoking in a health facility. According to section 26VO (1), the penalty charges for violating this legislation are 20 penalty units. Therefore, David Bogle should be aware to avoid facing a maximum penalty of 20 units.
1. What section of legislation gives you the authority to direct him to stop smoking?
Smoking in the hospital places can be regarded as a nuisance and therefore, provisions of section 183 of Hospital and Health Board Act 2011 provide power to deal with individuals who are causing public nuisance such as smoking which caused discomfort and health problems to non-smokers. The provisions of section 183 of this act therefore provide authority to direct the individual to leave the surrounding of the hospital area.
1. What legislative action should be taken if he does not stop smoking when directed?
The provisions of section 26VO of Tobacco and Other Smoking Products Act 1998 (Qld) requires that an individual should not smoke within the boundary of the hospital failure to stop that act of smoking attracts a fine of 20 penalty units therefore, such an individual should be charged with violating the provision of this section in which he/she can be liable to a fine of 20 penalty units. In addition the provisions of Tobacco and Other Smoking Products Act 1998 (Qld), section 26VP can be used in this context which provides that Person smoking must stop when directed and failure to adhere to the command will make him to be liable to a penalty unit of 20 units.
The hospital can also enforce the provisions of North Brisbane Hospital and Health Service Smoking Enforcement Procedure which stress on enforcement of provisions of Section 26VO b) Section 26VP of the Tobacco and Other Smoking Products Act 1998 (Qld) in which they provide the authority at the hospital facility to ensure that they warn smokers to stay away and smoke from designated smoking zones only failure to which they will issue fines to individuals who have been found to have violated smoking regulations.
Strategies for maintaining knowledge of laws, policies, and procedures
5.Based upon the circumstances of this situation and that Operational Services Officer David Bogle is an employee of the BRH, you decide to issue him with a Warning Notice.
6. Given the circumstances of this situation, what would be the responsible, kind, and professional thing to do?
Queensland Health Environmental Health officers are allowed to issue people with warnings and instant fines if they are found smoking in none smoking areas as per the Tobacco and Other Smoking Product Act 1998. Section 26VO (1) of the Act forbids everyone from smoking inside a health facility. Also, as per the (NBHHS) policy, residential aged care facilities may choose a specific place in their outdoor area as a “nominated smoking zone” in which smoking may occur; thus, the lady may be asked to put out the cigarette and directed to smoke within the designated smoking zone 5 meters beyond the hospital boundary. Based on her situation, I would exercise my discretionary power to spare her for the time being. But, I would make her aware that smoking is forbidden on the hospital premise.
7. Describe the legal justification for the nurse to be issued with or without an Official Warning Notice
As per section 26VO of the Tobacco and Other Smoking Act 1998 (Qld), smoking is not allowed within the allocated buffer zone vicinity. Violation of this legislation attracts a maximum penalty of 20 units. However, according to section 26VO (2) of the Act, smoking is allowed only 5 meters from the boundary of the healthcare facility. Hence, the staff members have not infringed the provision of the Act since the staff smoked about 10 meters outside the hospital facility. Therefore, based on this case, hospital workers would be not asked to smoke beyond the buffer zones as per section 26VO of the Act, even if they are in full uniform.
8. Advice to Noel
Noel needs to be enlightened about the precise repercussions of violating the smoking policies of the hospital and the sanctions that follow such violations. Also, David Noel must be advised that smoking within the hospital facility would be breaching section 26VO of the Tobacco and Other Smoking Products Act 1998 (Qld). Violation notices are provided after a warning notice when the perpetrator has repeated the felony. According to section 26VO of the Act, a penalty of 20 units shall be issued for the violation; this would be approximately $2,757, given that the penalty unit value in Queensland is $137.85 as of 1 July 2021 (Queensland Health 2021).
Moreover, The Public Service Act 2008 (Qld) shall be the applicable law for the administration of public services. Thus, the effective action for this kind of conduct would be under section 187, (Queensland Government 2021b) but it does not outline ‘instant dismal’ on contravention of the law. Respect for the precept of natural justice prevents the staff member from being heard (Crook, 2019). Therefore, the employee shall have a right to be heard about their behavioural issues. Noels needs to observe his duty and ethical conduct as a hospital cleaner, particularly regarding the NBHHS Smoking Policy.
References List
Colley, L. (2019). Employment Security in Public Services: A Political and Industrial Contest over the Institutionalisation of Employment Security in the Queensland Public Service. Public Personnel Management, 48(4), 608-626.
Crook, P.S., 2019. Natural Justice and The Constitution. Journal of Malaysian and Comparative Law, 23, pp.37-56.
Douglas, H., Hall, W. and Gartner, C., 2015. E-cigarettes and the law in Australia. Australian family physician, 44(6), pp.415-421.
Queensland Health 2021. Penalties, fines and enforcement of Tobacco Laws | Queensland Health. Viewed 8 July 2021, https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/penalties
Legislation List
Hospital and Health Boards Act 2011 (Qld)
public service act 2008 (Qld)
Tobacco and Other Smoking Products Act 1998 (Qld)
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
