Criminal Law Assignment: Queensland Tobacco Laws and Ethics

This document presents a comprehensive Criminal Law assignment solution, focusing on the legal framework surrounding smoking in Queensland, particularly within health facilities and public spaces. The assignment addresses the Tobacco and Other Smoking Products Act 1998 and its regulations, analyzing the responsibilities of Protective Service Officers and the consequences of non-compliance. It examines the Code of Conduct for the public sector, emphasizing ethical principles like honesty, accountability, and transparency. The assignment explores knowledge management strategies for staying updated on legal changes, including subscriptions, networking, and mentorship. It further analyzes specific scenarios involving smoking violations, penalties, and the application of the law to various situations, including the role of authorized officers. The solution also provides insights into the barriers to implementing smoking laws and the appropriate responses to different violations, referencing relevant legislation and ethical considerations.

Running Head: CRIMINAL LAW
CRIMINAL LAW
Name Of the Student
Name Of the University
Author’s Note

1CRIMINAL LAW
Table of Contents
QUESTION 1:.................................................................................................................................2
QUESTION 2:.................................................................................................................................3
QUESTION 3:.................................................................................................................................3
QUESTION 4:.................................................................................................................................6
(a):................................................................................................................................................6
(b):................................................................................................................................................6
(c):................................................................................................................................................7
QUESTION 5:.................................................................................................................................7
REFERENCES:...............................................................................................................................8

2CRIMINAL LAW
QUESTION 1:
The Government of Queensland has expressly prohibited smoking in all commercial
dining out places and outdoor public places under Tobacco and Other Smoking Products Act
1998 (Queensland). However, in 2014, the Queensland Government has been designated as the
second state government to expressly prohibit smoking in correctional facilities. In addition, the
laws of Queensland has expressly and strictly laid down that smoking is strictly prohibited at any
public and private hospitals and health care centres and for 5 metres beyond the boundaries of
such hospitals and health care centres or aged care facility land.
The tobacco laws of Queensland are governed by two legislations namely; Tobacco and
Other Smoking Products Act 1998, and Tobacco and Other Smoking Products Regulation 2010.
Section 26VO of the Act prohibits smoking in a health facility centre and 5 metres beyond the
boundaries of such centres. Breach of these provisions shall result in criminal liability against the
person breaching the provisions. However. It is also the duty of the authorized officer to identify
such acts and stop them by the enforcement of the provisions of the Act. Failure in stopping and
enforcement of the provisions of the Act shall amount to criminal liability against such officer.
In the given scenario, I am a Protective Service Officer in a public officer and I am bound
under Section 26VP of the Act to stop smoking in hospitals and health care centres if it has been
directed by an authorized officer. Protective Service Officer and the Senior Protective Service
Officer are smoking and their actions have resulted in the breach of the provision which bans
smoking in a hospital and other health care facilities. When the authorized person is breaching
the provision, then it is my duty to stop them or enforce penalties.

3CRIMINAL LAW
QUESTION 2:
The Code of Conduct for the public sector professional ethics principles are framed in
Public Sector Ethics Act 1994. It lays down following principles for professional ethics (Section
6-9):
 Honesty, morality and unbiased behaviour.
 Encouraging for the advancement of public good.
 Dedication to the government and its organization.
 Accountability and transparency of work.
All the government and government subsidiary employees are expected to uphold to
commitment and demonstration of the code of conduct principles with utmost intention and
will of righteousness (Section 18). The Code bounds the conducts of all the people employed
under the Department of Premier and Cabinet including all the students, volunteers,
contractors and consultants or anyone else holding the office of employment in such
mentioned capacity (Section 12 H-I of the Code).
The Code of Conduct was applicable to me and also to both the Protection Service
Officer and the Senior Protection Service Officer (Section 19-23 of the Code) to maintain
the integrity and righteousness of behaviour in professional capacity. In the given
scenario, it can be understood that the officers were smoking in a hospital premises.
Breaching the Act banning such action and also failure to abide by the principles of CODE
OF Conduct under the Public Sector Ethics Act 1994 shall result in liability and penalties
arising out of such cause of action (Section 24 of the Code).

4CRIMINAL LAW
QUESTION 3:
According to Dalkir (2013), knowledge management is a fusion of science and practice
which grows with time and development of techniques and technologies. However, according to
Admad, Bosua and Scheepers (2014), it has been explained that knowledge is an organized form
of competitive leakage.
There are various way to keep one updated about the upgrading legal principles and
policies. Some of them are:
 Subscription to newsletters, bulletins, memos, and browsing various online
forums and discussion boards: this is a form of affirmation to Admed, Bosua and
Scheepers (2014) that the newsletters are general circulation of everyday
happenings all around the world. Thus, any change of law or legal principle
would be published by the means of newsletters. Following eminent people is one
of the methods which paved its way through internet for information sharing.
 Network: this is another method of knowledge sharing wherein, the knowledge
can be gained or shared by ways of conferences, conventions, meetings, lectures,
training programs and so on.
 Mentor, network buddy or compliance officer: a mentor or industrial buddy may
help you with tracking your knowledge in the right path following the correct
chronology.
It can be concluded that Read, Listen and Share is the basic criteria for gaining and
upgrading knowledge and all the sources of knowledge has been clubbed in these three broad
heads only.

5CRIMINAL LAW
QUESTION 4:
(a):
According to Section 26VO of the Tobacco and Other Smoking Products Act 1998, it has
been held that smoking in or near a health facility or hospitals is a punishable offence. In
addition, Section 26VO(2) states that smoking with the 5metres beyond the boundaries of such
hospital or healthcare facility shall be considered as smoking within the facility area and shall be
a punishable offence. I am a Protection Service Officer employed by the Government (section
19-23 of the Code of Conduct Act) and hence, I am bound by the provisions of the Tobacco and
Other Smoking Products Act 1998 under section 26VP of the Act that failure to stop such action
causing non-compliance of the ban, shall be a punishable offence with a warning notice by an
authorised person with or without the maximum penalty of 20 penalty units.
(b):
According to Rand.org (2019), the most important barrier to the implementation of the
smoking laws is the Salience of the Law. This means that the law often fails to ignite the control
regulations either due to non-interest of the enforcing officers or the non-compliance of the
alleged violators.
According to the Tobacco and Other Smoking Products Act 1998, it has been stated that
the smoking in health facilities is a punishable offence. It includes the aged homes and care
centres. The extent of the provision applies to the area within 5 metres of the boundary of health
facility. Independent homes where retires people live and are nursed for are not included. Hence,
the female elderly shall be liable for smoking with on the spot fine of 133.45$. However, she can
be given other modes of consolation by guiding her through the safe way to a safe place for

6CRIMINAL LAW
smoking. Also, the nurses can comply with the situation and tend to console her emotionally for
the loss of her husband. In addition, the hospital staff can take a step to inform any of her family
members about the situation and help her with the situation.
(c):
In the given scenario, the staff member is found smoking 10 metres from the boundary
and hence, cannot be liable for the offence under section 26VO of the Act. The provision of the
Act has expressly laid down that smoking within 5 metres beyond the boundaries of the hospital
or the health facility shall be a punishable offence.
QUESTION 5:
The Government of Queensland has expressly prohibited smoking in all commercial
dining out places and outdoor public places under Tobacco and Other Smoking Products Act
1998 (Queensland). However, in 2014, the Queensland Government has been designated as the
second state government to expressly prohibit smoking in correctional facilities. In addition, the
laws of Queensland has expressly and strictly laid down that smoking is strictly prohibited at any
public and private hospitals and health care centres and for 5 metres beyond the boundaries of
such hospitals and health care centres or aged care facility land.
In the given scenario, it can explained to Noel that instant dismissal is not the statutory
punishment for smoking within the premises of a hospital or health facility. However, under
Section 26VO of the Tobacco and Other Smoking Products Act 1998, smoking within the
premises of a hospital facility or 5 metres beyond the boundaries of such facility shall be
punishable offence. On identifying such breach of statutory provision, the offence can be
reported under call 13QGOV, and shall be penalized with on the spot fine of 133.45$. in addition

7CRIMINAL LAW
to above, according to Public Sector Services Act 1994 (Section 24), the public official if found
to be breaching the Code of Conduct as per the Act, shall be subject to the disciplinary action
and procedure.

8CRIMINAL LAW
REFERENCES:
Ahmad, A., Bosua, R. and Scheepers, R., 2014. Protecting organizational competitive advantage: A
knowledge leakage perspective. Computers & Security, 42, pp.27-39.
Dalkir, K., 2013. Knowledge management in theory and practice. Routledge.
Health.qld.gov.au. (2019). Hospitals, healthcare and residential aged care facilities | Tobacco laws in
Queensland | Queensland Health. [online] Available at:
https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/hospitals [Accessed 7 Aug. 2019].
Health.qld.gov.au. (2019). Penalties, fines and enforcement of Tobacco Laws | Queensland Health.
[online] Available at: https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/penalties
[Accessed 7 Aug. 2019].
Premiers.qld.gov.au. (2019). Code of Conduct for the Queensland Public Service – The Department of
the Premier and Cabinet. [online] Available at:
https://www.premiers.qld.gov.au/publications/categories/policies-and-codes/code-of-conduct.aspx
[Accessed 7 Aug. 2019].
Qld.gov.au. (2019). Tobacco laws in Queensland | Health and wellbeing | Queensland Government.
[online] Available at: https://www.qld.gov.au/health/staying-healthy/atods/smoking/laws [Accessed 7 Aug.
2019].
Rand.org. (2019). [online] Available at:
https://www.rand.org/content/dam/rand/pubs/monograph_reports/2006/MR841.pdf [Accessed 7 Aug.
2019].
Seek.com.au. (2019). 7 ways to stay up to date in your industry - SEEK Learning. [online] Available at:
https://www.seek.com.au/learning/careers/your-next-job/building-your-career/7-ways-to-stay-up-to-date-
in-your-industry [Accessed 7 Aug. 2019].