Addressing smoke infiltration in residential settings

Second-hand smoking legislation for residential settings

What is second-hand smoking and smoking infiltration?

Second-hand smoke consists mainly of smoke released from the burning end of a cigarette, and also of smoke breathed out by the person who is smoking. Breathing in second-hand smoke is also called 'passive smoking'. Second-hand smoke has a similar range of chemicals as the smoke that is directly inhaled by the person smoking. This means the types of health issues associated with breathing in second-hand smoke are similar to those caused by active smoking. Children and babies are particularly vulnerable to the effects of second-hand smoke. 

Smoke infiltration occurs when second-hand smoke enters one area from another. It refers to the drifting of smoke caused by the smoking of a tobacco product (including cigarettes, cigars and shisha).

Smoke infiltration in the home is a problem for many Victorians. Quit is frequently contacted by members of the public who are concerned about second-hand tobacco smoke entering their homes from neighbouring properties. Exposure to second-hand smoke in the home is not only unpleasant, it is also harmful to health. 

Quit anticipates there will be increasing concern from members of the public about second-hand vape aerosol similarly entering their homes.   

Victorian laws on smoking and vaping in homes

Unfortunately, the current laws concerning smoke infiltration in Victoria fail to adequately protect many Victorians from the harms of second-hand smoke exposure. More needs to be done to ensure all Victorians are protected from exposure to second-hand smoke and vape aerosol in the home.  

Policy changes to protect Victorians

Quit and Cancer Council Victoria recommend the following actions be taken as a priority:

1. The Owners Corporations Act 2006 (Vic) and the Model Rules be amended to ensure residents in single-level developments are afforded the same level of protection from the harms of smoke infiltration as residents of multi-level developments. 
2. The Residential Tenancies Act 1997 (Vic) be amended to clarify that smoke infiltration constitutes both a ‘nuisance’ and an interference with a tenant’s right to quiet enjoyment of the property. 
3. Consideration be given to embedding cessation support into the routine support provided by housing providers and/or tenancy managers to social housing tenants, in order to encourage quit attempts and prevent failed tenancies for both smoking and non-smoking tenants. 
4. The Public Health and Wellbeing Act 2008 (Vic) be amended to specifically state that smoke infiltration onto another property constitutes a ‘nuisance’.  

For more information on our recommendations, read the Quit and Cancer Council Victoria position statement on smoke infiltration in residential settings. 

For general information on how to address smoke infiltration in the home, read our information booklet.