Encourage Compliance with Legislation

This report explores the importance of enforcing smoking legislation in public sector settings, particularly in healthcare facilities. It analyzes the legal framework surrounding smoking in Queensland, Australia, and explores strategies for maintaining compliance with changing workplace policies. The report also includes a case study of Bracken Ridge Hospital, demonstrating how to address breaches of smoking policy and provide guidance to employees.

ENCOURAGE
COMPLIANCE WITH
LEGISLATION IN THE
PUBLIC SECTOR

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
1. Legislation which applied in given scenario and current requirement of such legislation.....1
2. Justifying response to breach code of conduct regarding smoking legislation.......................2
3. Three strategies that will use in maintaining changing workplace policies............................3
4. (a.) Legislation which applies on operational service officer.................................................4
5. Advise to Hospital cleaner regarding breaching of NBHH smoking policy...........................6
CONCLUSION................................................................................................................................7
REFERENCES ...............................................................................................................................8

INTRODUCTION
The most important aspect for any hospital is to keep safe their patient as well as the staff
of organisation. It is the duty of health centres to provide a proper security arrangements in order
to keep their patients, staff and visitor safe from any kind of inappropriate behaviour. Thus, this
report will articulate the importance of safety and security of people on the land of health
services. The chosen legislation for the present report is smoking legislation. It is because there
is no risk-free level of smoke and its effect creates immediate harm in human life. Thus, prohibit
smoking at public areas helps in improving the health of both workers and general population.
MAIN BODY
1. Legislation which applied in given scenario and current requirement of such legislation
It is a fact that Tobacco smoking is a major cause which result in death and disability
around the world. It is also reason for major contribution in health inequalities. In order to stop
this smoke-free public places legislations are introduced in many countries so that general public
did not have faced such harmful effect.
Being a protective service officer at Bracken Ridge Hospital, main role is to ensure the
safety and security of people where for securing the lives of people at healthcare, it is essential to
initiate smoking legislation (Erku and et.al., 2019). However, with effect of 1st February 2017,
Queensland government banned smoking for indoor and outdoor public places where they have
developed tough restrictions in advertising, display and for doing promotion of Tobacco
products.
Main requirement of such legislation includes:
With effect from 1st February 2017, doing smoking in national park is banned within 10
meters of any public facilities which includes picnic tables, toilet blocks, barbecues, visitors
information centres, shelters, jetties and boat ramps. Current requirement of such laws includes:
Hospitals, healthcare and residential aged care facilities:
People are restricted for not smoking at public or private hospitals beyond the 5 metres
boundaries. However, such healthcare facilities are allowed to make their own outdoor areas
which called as 'nominated smoking place' under which people are allowed to do smoke
(Tobacco laws in Queensland, 2019). This law will apply on everyone to start from owner to
staff member and to patient of healthcare as well. Such legislation are governed by 2 sets which
1

include Tobacco and other smoking products act 1998, Tobacco and other smoking products
regulation 2010.
If anyone found to do smoking at no-smoking zone then such person will directly
authorised to officer where he/she must have to provide their correct name and address and such
person also have to pay unit amount of penalty that is $130.55.
2. Justifying response to breach code of conduct regarding smoking legislation
Code of conduct for the Queensland Public service mainly include four principles:
 Integrity and impartiality
 Promoting the public good
 Commitment to system of government
 Accountability and transparency
However, Queensland tobacco law mainly governed by 2 sets of legislation which include
Tobacco and other smoking products act 1998, Tobacco and other products regulation 2010
which every health care entity needs to comply for providing safety and security to staff and
patients (Vallance and et.al., 2018). However, breaching the North Brisbane Hospital and health
service smoking policy will affect the code of conduct which has been set by Queensland Public
service. It is because of code of conduct describes requirements where healthcare services to
needs to comply while delivering services.
In accordance with integrity and impartiality public sector entities seek to promote public
confidence, where they must have to committed for highest ethical standards, they have to value
their duty in order to provide the advice regarding objective and independent, they must have to
show respect for all persons which is from employees to client and to general public.
In terms of promoting public good, health care enterprise needs to value and seek to
enhance excellent service delivery so that better services provided to their clients. Such system
must have to commit to the system of government where they must have to accept and value
their duty in order to operate within framework of ministerial responsibilities.
In regards with accountability and transparency, healthcare institutions needs to commit
for proper diligence, care and attention, they must have to value and seek high standards of
public administration.
Breaches of code of conduct:
2

This analysis justifies that if North Brisbane Hospital breach services of smoking policy
then they are breaching code of conduct which has been developed by Queensland public
service. However, a breach in code of conduct mainly damage the business whether it is public
organisation and it is private (Demant and et.al., 2018). Any type of act or actions will result in
the contravenes the code which may breach council ordinance and local laws as well. Any kind
of suspected breach will be treated individually where all the relevant circumstances be taken
into the account. Here, suspected official misconduct by healthcare will be referred in Ethical
standards unit for investigating any crime and misconduct commission.
3. Three strategies that will use in maintaining changing workplace policies
It is true that there are frequent changes to workplace policies, guidelines and legislation
which relates to smoking on health service land and for public sector generally. However, in
order to comply with such changing practises, Bracken Ridge Hospital need to develop three
strategies which include are as follows-
Regular monitoring:
In order to comply with such changing practises, Bracken Ridge Hospital will hire the
person which have full knowledge of legal consequences and such person will responsible to
monitor regular changes of guidelines on the website of North Brisbane Hospital and health
services so that any kind of changes in organisational practises will get created. Here, to change
with such compliance proper recommendation will be taken to person in charge such as CA or
CS (Australia, 2019). Regular monitoring will also be evaluated through the use of social media
where official pages of safety and security institutions will be followed so that any change in
practises will directly get notified.
Subscription with published books and journals:
In order to updated with changing governmental practises, subscription with published
source and journals will be evaluated where persons who have deep experience in such field will
share their knowledge. Such sources will help in getting regular and qualified information which
will be adopted in healthcare organisations for complying with rules. Getting source will also
help in not affecting business operations because such information will provide by expertise of
that field.
Hiring legal person:
3

It is essential that each and every organisation must have legal person who has full
knowledge of legislation practises and in order to comply with such changing practises, Bracken
Ridge Hospital will hire person who has completed his/her study as chartered accountant or as
company secretary (Armstrong, Watling and Davey, 2018). Such person will assign the duty to
provide regular information regarding changing governmental practises in smoking and factors
which needs to consider while adopting it for in workplaces.
Thus, with the help of all these strategies Bracken Ridge Hospital will able to comply
with changing governmental policies, guidelines and legislation relating to smoking on health
service land and the public sector generally.
4. (a.) Legislation which applies on operational service officer
As per the given condition it is analysed through patrolling near Rehabilitation Unit and
by observing a staff member that operational service manager officer David Bogle, smoking in
the courtyard of unit. In order to take action against such employee, as a protective service
officer, the SELF test model will be used before taking any of the decision against such
employee.
SELF test is the model which has been used for asking yourself before taking any
decision that whether such test pass withstand scrutiny, ensures compliance and is lawful and fair
(Li and et.al., 2018). Here, S stands for scrutiny, E for ensuring, L for lawful and F for fair
decision.
Other than this, first of all the legislation which apply of such employee is governed
under the two sets of legislation which include Tobacco and other smoking products act 1998
and Tobacco and other smoking products regulation 2010. First of all such employee will be
enforced who has the power:
 To issue individuals warnings and also on-the spot fines.
 For issuing any business related improvement notice, warnings and also on-the sport fine
may get charge.
 He must have to face initial legal proceedings in order to breach such laws
 to get responds regarding complaints
 to investigate the premises
 To provide any guidance related to tobacco laws.
4

Now, before asking him any questions, first of all as a protective officer, proper identification
card will be shown to him then further preceding will get starts. Now, while developing decision
with the scrutiny, proper police service practises will get taken and in order to ensure the
compliance such procedure will be conducted in proper code of conduct where no threatening
pressure will be taken on him (Knott and et,al., 2016). To develop the decision lawful, preceding
will be conducted in accordance with rules related to legislation and enforcement of smoking
law. For developing fair decision proper judgement of will be taken where investigation will be
conducted through checking of all premises, by asking certain question to owner of Bracken
Ride and with all other colleagues of healthcare institutions. It is because one unethical decision
affects all management of North Brisbane Hospital and Health Service.
In accordance with David Bogle, first of all warrant issue will sent to him which are as
follows-
North Brisbane Hospital and Health Service
WARNING NOTICE
FAILURE TO COMPLY WITH NBHHS SMOKING POLICY
References:
Hospital and Health Boards Act 2011
Tobacco and Other Smoking Products Act 1998
MNHHS Smoking Management Policy
Code of Conduct for the Queensland Public Service
Further to the advice provided to you by an Authorised Officer, you are reminded of the
conditions relating to smoking on Hospital and Health Service Land pursuant to above
references.
Such conditions define the requirement to restrict tobacco smoking on Hospital and Health
Service Land and within 10 metres of Health Service Land boundary.
Failure to comply with the requirements of the references may result in either:
1. The issue of an Infringement Notice (2 Penalty Units); enforceable via the State
Penalties Enforcement Act
2. The issue of a notice to 'show cause' as to why disciplinary action should not proceed
against you
Your details, as supplied by you, have been recorded. Should a further infringement by you (of
5

this nature) be recorded, either action at 1 or 2 above (as appropriate) will be initiated
Without further notice.
Alleged Offender Details
Family Name Given Names
Current address
Employee ID/Other ID Work Unit/Ward (if applicable)
Time of Offense Day Date
: / /
Location of Offence
Authorised Person's Name Authorised Person's signature
5. Advise to Hospital cleaner regarding breaching of NBHH smoking policy
As per the given brief, it is analysed that Noel did not know have full knowledge
regarding consequences of doing smoking in the organisation. However, first of all it will be said
to him that smoking is not allowed within 10 metres of public areas but, he will only allowed to
do smoke on areas which is made by healthcare only for doing smoking. Other than this, it is also
evaluated to him that he will not directly get dismissed from the job, if he found guilty then he
has to answer certain questions to Health environmental officer who will either issue individual
warning or he has to pay on-the spot fine (Bich and et.al., 2016). Other than this, officer will
6

either issue improvement or warning notice to healthcare for developing improvement in
institution. If such officer did not find suitable then only legal proceeding of breaches under the
law of tobacco will get initiated where such person will have to respond regarding complaints.
Further, officer will investigate whole premises and may provide advice about tobacco law.
After than if such person found guilty then as per the current penalty unit amount will get
set that is $130.55
CONCLUSION
From the above report it can be concluded that managing safety and security at workplace
is an important thing which every healthcare needs to focus. In this report, explanation has been
provided on health and safety standards regarding smoking at public areas at Queensland where
it is analysed that people across the 10 meter boundaries of public area are banned to do smoke
and if they found guilty then legal proceedings actions will be taken by the department of
authority.
7

REFERENCES
Books and Journals
Armstrong, K.A., Watling, C.N. and Davey, J.D., 2018. Deterrence of drug driving: The impact
of the ACT drug driving legislation and detection techniques. Transportation research part
F: traffic psychology and behaviour. 54. pp.138-147.
Australia, H., 2019. E cigarettes.
Bich, N.N and et.al., 2016. Students’ knowledge and attitudes towards smoke-free universities:
changes since enactment of Vietnamese Tobacco Control Legislation. Age. 490. pp.66-8.
Demant, D and et.al., 2018. LGBT communities and substance use in Queensland, Australia:
Perceptions of young people and community stakeholders. PloS one. 13(9). p.e0204730.
Erku, D.A and et.al., 2019. Electronic nicotine delivery systems (e-cigarettes) as a smoking
cessation aid: A survey among pharmacy staff in Queensland, Australia. Addictive
behaviors. 91. pp.227-233.
Knott, V.E and et,al., 2016. Gender determinants of smoking practice in indigenous
communities: an exploratory study. European journal of cancer care. 25(2). pp.231-241.
Li, R and et.al., 2018. The burden of adverse obstetric and perinatal outcomes from maternal
smoking in an Australian cohort. Australian and New Zealand Journal of Obstetrics and
Gynaecology.
Vallance, J.K and et.al., 2018. Evaluating the evidence on sitting, smoking, and health: Is sitting
really the new smoking?. American journal of public health. 108(11). pp.1478-1482.
Online
Tobacco laws in Queensland. 2019. [Online]. Available through
<https://www.qld.gov.au/health/staying-healthy/atods/smoking/laws>
8